BIS Disclosure Policy Changes Viewed As Helpful But Questions Remain

Industry lawyers and advisers see the Bureau of Industry and Security's revamped voluntary disclosure policies as a positive set of moves that could reduce compliance burdens on exporters and encourage more companies to come forward with tips about their competitors. But at least one former government official said corporations should remain skeptical about the changes until BIS offers more clarity about how it will implement them in practice.

"I think for most practitioners, it's probably not going to change much in terms of how they're doing the work for companies behind the scenes," said Jonathan Poling, who previously worked on export control cases as part of DOJ's National Security Division. "The risk is too great of getting it wrong."