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1.Education: Every employee of your organization and any independent contractors working in
facility need to be briefed on
requirement not to disseminate any technical and /or commercial information to anyone outside
organization, except on a need-to- know-basis. This includes everyone from
Chairman and CEO to
maintenance staff. Few companies realize just how much significant information can often be parlayed at
local watering hole. Merely "hanging out at
local lunch or after work gathering spot" is an old, but tried and true technique that has enabled many a competitive intelligence gatherer to learn critical information. It is amazing what one can learn from production workers or administrative support staff over a beer or two, especially on a Friday after work. Casual conversation can reveal information such as production problems, order backlogs, customer and supplier names, quality problems, new product developments and strategies, capital expansion plans, hirings, firings, lay-offs and far more.
In addition, management, marketing, technical and contracts personnel should all be thoroughly briefed on applicable government technical data export regulations. This mandatory education for all should be standard for new hires, as well as reviewed periodically at company meetings and in newsletters and through other means.
Competitive intelligence gathering and industrial espionage are issues that are seriously underestimated by most companies today, especially in North America.
1.The Leadership should appoint a single Point Of Contact ("POC") with an alternate in cases of their absence, who must approve
export of any documentation. This includes data released in hard copy, fax, electronically, verbally and by visit, either of foreign nationals or during visits to foreign companies or government offices.
1.A written policy regarding
exchange of technical data between
organization's U.S. and any off-shore company owned or representative offices and personnel.
1.A written policy regarding employees taking technical and business data, both hard copy and electronic, home or downloading it remotely to work on after hours.
1.A written policy regarding what types of technical and business data may be carried on laptop computers and/or downloaded when outside of
country.
Although not exhaustive, this will form a good basis for beginning a program to guard against export law violations and loss of competition sensitive data.

John Di Frances is the Managing Partner of DI FRANCES & ASSOCIATES, LLC founded in 1983. Phone:1-262-968-9850 Fax:1-262-968-9854 208 E Oak Crest Drive Wales, WI 53183 www.difrances.com synergy@difrances.com