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Using artificial intelligence in export controls
What you need to know

Using artificial intelligence in export controls

Opportunities, challenges, and status quo of AI in export controls: Publicly accessible and specifically trained large language models – and how they can help.

AI, LLM, customs GPT? An introduction

Presentations on the opportunities for using artificial intelligence (AI) in export controls generate a lot of buzz at industry events focused on international commercial law. The feedback ranges from “That’s already common knowledge, you don’t need AI for that” to “Great, that’s exactly the support our specialists need.”

If you dig deeper into the responses on both sides of this divide, you quickly realize that the term “AI” is a black box for many people, one that they either underestimate or overestimate. In this article, we’ll explore the opportunities and challenges of what’s known as “large language models” (LLMs). Specifically, we’ll look at the potential applications and viability of custom-trained LLMs.

Probably the best-known LLM right now is ChatGPT from California-based tech company OpenAI. The US software company offers customers the option of specifically training their own LLMs – or “custom GPTs” – using data sources such as laws, judgments, and legal publications. These specialized AI models make custom GPT solutions attractive for use in legal domains such as export controls.

Good to know: LLM vs. Chatbot

Generally, the main advantage of LLMs over simple chatbots or keyword searches is that they are able to identify the terms that are closest to the text input by the user, taking into account previously generated terms. LLMs use AI to generate context-specific answers, while chatbots generally rely on pre-defined responses and simple algorithms.

Real life use cases of custom GPTs in export controls

Export controls, contrary to what the term suggests, are coordinated among very different departments within a company. This includes in particular the areas sales, product development, and purchasing.

It is not uncommon for employees in such departments to only perform export control tasks in addition to their core duties. Time constraints also make it difficult to provide new employees with the in-depth training and ongoing professional development required here.

The result: Employees often lack the necessary in-depth expertise, and the regular changes to regulations make it difficult to always stay up to date. Similar questions therefore arise in all these various departments and often end up on the desk of the person responsible for export controls.

Custom GPT solutions can effectively support export controls under these conditions. The idea is to feed the questions into the custom GPT first, then consult the experts only for thornier issues. This saves time and frees up resources.

Multilingualism and documentation are further advantages: LLMs can handle a wide variety of languages, effectively removing language barriers. They also document all communications, providing verification of due diligence measures in the organization of export controls.

Effectively supporting such use cases was our motivation for developing our own customized LLM. For about a year now, we’ve been training a custom GPT specifically to answer questions relating to export controls. The results we have achieved are surprisingly good and, compared to what we know from practice, they eliminate many time-consuming and persistent errors.

The importance of prompt engineering and data sources

How good the contextual responses of any LLM are depends on the quality of the stored data and what’s known as prompt engineering – the method of giving the LLM instructions to generate a specific output. Prompt engineering nudges the LLM to provide the expected answers, and the right prompting is critical to getting the desired answers.

One of the difficulties is learning how to formulate prompts to achieve the desired results. We noticed that in legal contexts such as export controls, it’s important to tell the LLM that it is dealing with a compliance check that:

  • must strictly adhere to the legal text,
  • must not deviate from the prescribed scheme,
  • should be concise, and
  • may entail liability risks.

In our own self-trained LLM, we have – in addition to these basics – also stored decision test trees and boilerplate text modules that our custom GPT must consult to provide good answers to specific queries.

AI in export controls: Custom GPT vs. ChatGPT

Wouldn’t it be easier to simply use ChatGPT for export control queries? Unfortunately, this is not possible. Yes, publicly accessible AI tools can quickly provide well-written answers. But the AI is not able on its own to verify the accuracy of the sources it uses. This means that answers may be based on imprecise, obsolete, or even erroneous information.

In export control, where compliance with current regulations and the accuracy of the underlying sources is crucial, this can lead to serious errors.

To proof this point, we’ll present the questions and answers of the customs GPT that we trained, check the results for accuracy, and compare them with the answers of the publicly available AI model ChatGPT, which in many cases makes exactly the mistakes that have become entrenched in practice and that are also found on the web, the source of ChatGPT.

If you look at the following tests carried out with custom GPTs on export control issues, you see the importance of consulting proprietary data sources and deliberately restricting access to external internet sources. These restrictions ensure that only vetted, current, trusted sources are used.

Performance check 1: Export control check with ChatGPT

User

"I would like to export non-listed printed circuit boards (PCBs) to Switzerland, where they’ll be installed in tanks. Do I need a license?"

ChatGPT

"Yes, a license is required to export non-listed PCBs to Switzerland if you know they’ll be installed in military items such as tanks. Under Article 4 of Regulation (EU) 2021/82) …. Although Switzerland is not a member of the EU, it is still subject to certain embargo regulations. The EU has imposed an arms embargo on Switzerland that prohibits the export of munitions and certain dual-use goods without a license."

This answer is quite obviously wrong.

Performance check 2: Export control check with a custom GPT

User

"I would like to export PCBs to Switzerland, where they’ll be installed in tanks. Do I need a license?"

Custom GPT

"Were the PCBs designed or modified specifically for military purposes?"

User

"No."

Custom GPT

"They’re civilian goods that require classification under Annex I of the EU Dual-Use Regulation and Part I Section B of Germany’s Ausfuhrliste (export control list). Please check whether the PCBs have been designed or modified specifically for nuclear technology, marine and ship technology, or aerospace."

User

"They have not been designed or modified specifically for nuclear technology, marine and ship technology, or aerospace."

Custom GPT

"You need to check whether your civilian goods are listed as dual-use items in categories 1–7 of Annex I of the EU Dual-Use Regulation. Please perform the classification now, including a comparison of the technical attributes of your PCBs with the technical specifications outlined in the various export control list numbers. Did the classification show that your PCBs match the technical specifications of one of the export control list numbers?"

User

"My PCBs do not fall under any dual-use description of Annex I of the Dual-Use Regulation."

Custom GPT

"Your goods are not listed. Non-listed goods can generally be exported without a license unless there is a critical end use. The installation of your PCBs in a tank is a military end-use under Article 4(1b) of Regulation (EU) 2021/821. According to the list of embargoed countries, however, Switzerland is not subject to an arms embargo. For this reason, no authorization is required under Article 4(1b) and the export is not subject to licensing requirements."

Well done. This is the right approach and correct answer.

Challenges and the path to precise results

This case study clearly demonstrates the performance of our self-trained custom GPT in the direct comparison with ChatGPT: A check with the custom GPT yields the correct result, while ChatGPT in the example above produced an incorrect result. The custom GPT guides the user through the relevant steps, asks specific questions, and helps consider all aspects relevant to the check.

But despite the predominantly positive experience with our self-trained custom GPT, there are also challenges. Consistently accurate results are not yet guaranteed. Incorrect output still needs to be monitored and corrected to achieve steadily more reliable results.

Specialized AI models to support, not to replace specialists

It is important to note that specialized AI models cannot replace the subject-matter experts in the company. The final decisions must always be made by human experts who possess the necessary expertise and experience.

A custom GPT should act as a guide and support the specialists by accompanying them step by step through the process of running an export control check, pointing out any special circumstances and asking specific questions to produce a precise and complete solution. The idea is to make day-to-day work easier, but it’s always just a tool, not something that ultimately makes a decision.

Future of export controls with AI

The use of AI in export controls offers a promising opportunity to support companies in a complex and constantly evolving legal domain. Custom GPTs can enhance the quality and efficiency of export controls.

The continued development of our own specialized AI solution, presented in this case study, illustrates the potential of AI in this field. The integration of other specialized domains will make this custom GPT into a tool that helps companies master the challenges of export controls with greater speed and precision.

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