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Exporting from Europe

David Hayes is a director of David Hayes - Export Controls, a UK based consultancy specializing in U.S. export compliance issues. He is also the Director of UK Affairs for MK Technology LLC.

Pitfalls of UK Brokering Rules By David Hayes* It is the spirit and not the form of law that keeps justice alive. -- Former U.S. Chief Justice Earl Warren (1891-1974) For compliance practitioners the mention of brokering and extraterritoriality results almost viscerally in thoughts of the International Traffic in... more...
The Cost of Doing the Right Thing By David Hayes "Pressures are just temptations in disguise and it's never been acceptable to give in to temptation. Ethics is about the way things ought to be, not about the way things are. When it comes to ethics, motive is very important. A person of character does the right thing for... more...
EU Response to Reform: A Sin of Omission? By David Hayes The ultimate good desired is better reached by free trade in ideas [and] the best test of truth is the power of the thought to get itself accepted in the competition of the market. Oliver Wendell Holmes Jr. (1841 - 1935) A second term for President Obama will, most... more...
Dual-Use Enforcement in the EU: Fact or Fantasy? By David Hayes* "He felt that he was still groping in the dark; he had chosen his path but kept looking back, wondering whether he had misread the signs, whether he should have taken the other way." -- JK Rowling, Harry Potter and the Deathly Hallows What is the likely extent of... more...
The Groucho Marx Club By David Hayes* Do not worry if you have built your castles in the air. They are where they should be. Now put the foundations under them. -- Henry David Thoreau Among many things, London is famed for its clubs. Whether it is the aristocratic Boodles, the military Cavalry &... more...
Practical Compliance By David Hayes* "Laws are rules, made by people who govern by means of organized violence, for non-compliance with which the non-complier is subjected to blows, to loss of liberty, or even to being murdered". -- Leo Nikolaevich Tolstoy The electronic sage, Wikipedia, defines compliance... more...
I'm from the Government; I'm Here to Help You By David Hayes You're trying too hard to find a correlation here. You don't know these people, you don't know what they intended. You try to compile statistics and correlate them to a result that amounts to nothing more than speculation. -- Marc Racicot - former Governor of Montana... more...
Export Control Reform - EU Style By David Hayes Unquestionably, there is progress. The average American now pays out twice as much in taxes as he formerly got in wages. -- H. L. Mencken (1880-1956) Many readers will be familiar with the long established system of Open General Export Licences (OGELs) in the United... more...
The U.S.-UK Defense Trade Cooperation Treaty: Myths and Perspectives By David Hayes * The great enemy of the truth is very often not the lie -- deliberate, contrived and dishonest, but the myth, persistent, persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought. -- John F. Kennedy (1917 - 1963) The... more...
The 600 Series and All That by David Hayes * He that will not apply new remedies must expect new evils; for time is the greatest innovator. - Francis Bacon, "On Innovation," Essays, 1597 The International Traffic in Arms Regulations (ITAR) are horrendously difficult to comprehend, especially for non-U.S.... more...
Faded Red Flags By David Hayes* The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. 4 U.S.Code Chapter 1, Part 8 What do burning flags have to do with export controls? I'm glad you asked. We are now... more...
Crime and Punishment (or not)? By David Hayes* "What you cannot enforce, do not command." -- Sophocles Enforcement is the key to compliance; an unenforced law is worse than no law at all, since too much of the former brings all law into disrepute. If we look at recent enforcement cases in the United Kingdom... more...
ITAR v. Human Rights and Equality By David Hayes* Take calculated risks. That is quite different from being rash. -- George S Patton One of the most difficult issues facing export compliance personnel is the treatment of dual and third-country nationals under the International Traffic in Arms Regulations (ITAR). This... more...
Timeo Danaos et dona ferentes By David Hayes * Why a Latin title for an article on modern export reform? Virgil's warning in the Aeneid to "fear Greeks even when they are bringing gifts" shows that little changes; not in the sense of the Obama administration's reform effort itself but in its potential consequences if it... more...
What Do Trained Elephants Look Like? By David Hayes* In a previous article, "Training Elephants," I looked briefly at what I see as the inevitability of a move toward automated compliance systems within industry (see The Export Practitioner , February 2010, page 30 ). In this article, I examine this situation in a... more...
Making Licensing Decisions in the EU? By David Hayes* Does my item need a license for export? This is a fundamental question for all compliance personnel. The chart below sets out the licensing decision process in the European Union (EU) in a manner that attempts to take into account the variations in practice between EU... more...
Why Helping Subcontractors Is Good for Export Compliance By David Hayes* In my previous article, " Cleaning the River ," I referred to the need for prime contractors to offer greater support to their supply chains in the export compliance arena (see The Export Practitioner , April 2010, page 29 ). I should now like to explore this topic in... more...
Fate of UK Defense Treaty Clouds Export Reform Hopes By David Hayes* In a previous article, I argued that the current U.S. review of export controls was both overdue and necessary, but I also suggested that many internal inconsistencies in the system need to be addressed in advance of large and ambitious structural changes. Exporters have... more...
Cleaning the River By David Hayes* You could not step twice into the same river; for other waters are ever flowing on to you. -- Heraclitus (540 BC - 480 BC), On the Universe "My job is to keep this company compliant." We've all said it. We've all believed it. What I am about to suggest is that it is... more...
Training Elephants By David Hayes* What information consumes is rather obvious: it consumes the attention of its recipients. Hence, a wealth of information creates a poverty of attention and a need to allocate that attention efficiently among the overabundance of information sources that might consume it. --... more...
U.S.-UK Defense Treaty Isn't Reform By David Hayes* [Editor's Note: With this issue we are pleased to announce that David Hayes, a prominent export control consultant in the United Kingdom and a former official with the UK Export Control Office, will be contributing a bimonthly column to The Export Practitioner on export... more...