Board Case Study · GovTech / Defense

The Model That Couldn't Cross the Border

The company's AI is now dual-use. New export controls make shipping the model, or its weights, or some research, across certain borders a potential crime. Customers and engineers sit on the wrong side.

The situation

A company building advanced AI for government and commercial customers learns its model now falls under dual-use export controls. Transferring the model, its weights, or in some cases the underlying research to certain countries, or even to foreign nationals on the team, may constitute a violation.

A meaningful share of customers and engineering talent is affected. "Deemed exports" rules can reach work done by foreign-national employees inside the company's own offices. Compliance missteps carry criminal as well as civil exposure, and the regulatory perimeter is still moving.

The board must address export-compliance controls, customer and hiring restructuring, IP and research-publication policy, and the strategic question of operating a frontier-AI business inside a national-security regime.

“Our model is now a controlled technology. Shipping it the wrong way is a crime, and half our customers and engineers are on the wrong side of the line. Now what?”

General Counsel

The decision on the table

  • Stand up export-compliance controls for the model, its weights, and the underlying research.
  • Restructure customer relationships and hiring under deemed-export and end-user rules.
  • Set research-publication and IP policy for a frontier-AI business under national-security regulation.

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