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Strategic Technical Regulatory Management (SToRM™): Integrating the Regulatory Environment into the Strategic Planning Process

“If you control an industry’s standards, you control the industry lock, stock and ledger”

            -W. Edwards Deming

The opportunities in today’s global economy drive businesses to rethink their strategies and include non-traditional components, such as non-market measures, to create or maximize their competitive advantage.  One of the most critical, but under-valued, non-market measures of globalization is the impact of technical regulations on the ability to access and succeed in domestic and foreign markets.  

The Organization of Economic Cooperation and Development (OECD) estimates that 80 percent of global trade (equivalent to at least $4 trillion) is impacted by technical regulations and standards[1].  This estimate underscores the importance of incorporating technical regulatory planning as part of the overall corporate strategy and the planning process.  Many organizations overlook the strategic nature of technical regulations and delegate the responsibilities to those that may not have a holistic vision of the organization.  A sound, technical regulatory strategy will benefit an organization through scale economies, expanded market access, more consistent quality, lower-cost for product differentiation, and lower cost of regulatory compliance.  

Strategic Technical Regulatory Management (STRM™) consists of a framework that enables a clearer vision of the organization’s direction and the tactics necessary to successfully navigate the regulatory landscape.  The framework is comprised of four basic strategies that an organization can follow to achieve the goals that are in alignment with their overall organizational objectives: 

  • Respond
  • Plan
  • Defend
  • Affect

Standards: The Core of STRM  

The basic element of STRM is the global standardization system and strategically leveraging the development process.  Standards are so pervasive in our industrialized society that we overlook their necessity and under-value their importance.  Standards are the underpinning of our technologies and the technical bedrock of our regulations.  In the past, these standards only affected local markets, but companies in the global market must contend with both domestic and international standards and regulations.   

A company exporting to the international community must deal with divergent and ever-more intrusive government regulations.  This pressure comes from both the domestic government, as well as the importing country’s regulatory requirements.  This compounding impact of multiple national regulations on a company is immense and must be dealt with from the strategic levels of the organization.  As a fundamental element of the industrial infrastructure, standardization must be part of the strategic planning process with short-term and long-term planning, encompassing the use of standardization as a competitive tool.  

Standards Defined  

A standard can be defined as:  

Documented agreements containing technical specifications or other precise criteria to be used consistently as rules, guidelines, or definitions of characteristics, to ensure that materials, products, process and services are fit for their purpose.

            -International Organization for Standardization (ISO)  

This definition simply means "a common solution to repetitive problems."  Standards provide industry with a mechanism to lower costs, increase quality, and communicate with consumers.  

First, standards play an important role in lowering costs by providing scale economies within a company and across an industry.  For example, screw manufacturers comply with industry standards so there are a finite number of screw-types, enabling mass-production.  This cost-benefit is realized by a company that uses the screw, first through a reduction in design-time and second, through the cost savings associated with the mass-production of the screw.  

Standards also play a large role in increasing quality and the sustainability of that quality level.  Both regulatory and market measures will drive the lowest level of quality accepted.  Regulated performance standards will mandate a lowest level of quality accepted by a product, requiring compliance by the manufacturer.  The free-market also will drive an industry to comply with a quality standard.  If the market only will support a product that meets a certain standard then companies will have to comply or face declining market share.  Sustainable quality is accomplished through quality management standards such as ISO 9000, which requires an organization to establish a company-wide methodology to manage the quality process.  

A consumer benefits greatly from standards because they provide a common language with the manufacturer to describe expectations such as safety, performance, quality, and interoperability.  Consumers can use standards as a basis for product comparison, making an informed choice on which product best fulfills their needs.    

Standardization Process  

Industry standards (technical regulations) are developed in a global system that is intricate, interweaving different processes, participants, and objectives.  For example, there are different processes that produce standards including company standards, consortia, and consensus.  The players involved in the standards development process can be individuals, companies or countries.  Objectives of the standards can be different depending on the goals of the process and the participants.  

The driver for strategically managing this process is to align your organizational goals with the standardization process, making sure that you are participating at a level that is appropriate for your company and your industry.  There are thousands of committees, developing industry standards through hundreds of organizations every year.  STRM begins with assessing your organization’s objectives and utilizing this standardization infrastructure as a tool to support these objectives.  

STRM Framework  

As mentioned earlier, the basic strategies within STRM are:  

  • Respond
  • Plan
  • Defend
  • Affect

Companies engaged in strategic planning typically conduct a SWOT analysis to understand internal strengths and weaknesses and external opportunities and threats.  A key discussion in this stage is the impact of the regulatory landscape on the organization and the level of interaction the company has with its  environment.  This thought process establishes the organization’s current-state in relation to its regulatory environment.  

The next step in crafting the organization’s future state of interaction is determining the appropriate STRM strategy.  

Respond – The Respond strategy is basically a hands-off approach to development of the technical regulation, focusing on compliance.  When a relevant regulation is imposed, the company seeks efficiencies in the production of the regulated product or in the auditing process itself.  

Plan – The Plan strategy is based on the organization’s participation in the standardization process and the anticipatory knowledge that is gained.  Many times a regulatory body will work with an industry’s standard developing organization to create the technical basis for a new regulation.  This open communication may result in the industry standard precluding the regulation altogether, but at the very least the participants have an inclination of the regulatory body’s intentions.  This foresight provides opportunity for the organization to prepare for the pending regulation, providing a competitive advantage over those companies that have not anticipated the change.  

Defend –  The Defend strategy is a proactive stance in the standardization process.  The intended outcome of this strategy is status-quo of value relative to the competition.  One of the dangers of not participating in the process is that you may be held accountable for a standard that your competition influenced, leaving you at a distinct disadvantage.  The Defend strategy is implemented in cases where your organization already enjoys a competitive advantage and the pending regulation may threaten that advantage.  

Affect   The Affect strategy is also a proactive stance; however, status-quo is not the goal.  The intent of the Affect strategy is to increase your product’s value relative to your competition.  This is accomplished by actively seeking to influence the technical-regulatory environment toward your competitive advantage.  The first step in this process is to understand the regulatory landscape by knowing who all of the players are and where your participation will have the greatest impact.  

Conclusion  

Global competition is so fierce that companies constantly are searching for a way to distinguish themselves by either decreasing costs or increasing their perceived value.  Strategically managing the technical regulations that impact your industry is a path that few companies leverage to its fullest potential, but those that do reap great benefits.  

Government regulations are an undeniable force within an industry’s landscape.  The companies involved in a regulated market must decide if they are going to be beholden to those technical regulations or participate and drive those standards, leveraging the process to their competitive advantage. 

For additional information, please feel free to email me at sezar@hillgroupinc.com.


[1] OECD Working Party of the Trade Committee, Report on Regulatory Reform and International Standardisation, Appendix 99-8 (TD/TC/ WP(98)36/ Final), 1999

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