DAY ONE • WEDNESDAY APRIL 13, 2011
8:00 Registration Begins and Morning Refreshments
8:50 Co-Chair’s Opening Remarks
The Hon. Christopher R. Wall
Partner
Pillsbury Winthrop Shaw Pittman LLP (Washington)
Former U.S. Assistant Secretary of Commerce for Export Administration
Mark Guan
Regional Director, Trade Compliance – Asia
Flextronics (Shenzhen)
9:00 BIS
Eric Hirschhorn,
Under Secretary of the U.S. Commerce Department's Bureau of Industry and Security (BIS)
9:30 Implementing a Robust Internal Compliance Program (ICP) for Your China Export Operations: Core Elements, Structure and Success Factors
Jeff Rittener
Export Compliance Manager
Intel (USA)
Xiang Zhao
Chief Compliance Officer
Aviation Industry Corporation of China (Beijing)
Xiangdong Liu
Director- Export Controls & Customs
Siemens (Beijing)
- Ensuring the program is adapted to your business model, business sector, geographic scope and other operational issues
- Integrating multiple jurisdictional requirements into a coherent export compliance program
- How to benchmark the effectiveness of your ICP
- Incorporating supply chain and distribution network into your ICP to mitigate potential risks of non-compliance
- Securing upper management’s commitment to export compliance
- Utilizing limited resources in China for implementation
- Using self-audit to detect potential export violations
- Conducting company-wide training to raise export controls compliance awareness across departments
10:30 Coffee/Tea Break
10:45 Preparing Documents to Support BIS License Approvals: How China Importers and End-Users Can Meet BIS Requirements
Larry Panigot
Export Controls Officer
U.S. Embassy (Beijing)
- How to prepare sufficient documents and information:
- End-user information
- MOFCOM documents requirements
- Pre-license check process
- Post-shipment classification
- Understanding online filing requirements and how you can benefit from it
- Discussing various reasons for license rejections and how to prevent
- Understanding BIS examination procedures and how to speed up the application process
- How to assist your US counterparts in getting license approvals faster
11:30 Preventing Encryption Pitfalls: How to Incorporate China and US Restrictions into your Export Program
Christal Shi
Export Controls Administrator – GM International Operation
General Motors (Shanghai)
Judith A. Lee,
Gibson, Dunn & Crutcher LLP (Washington)
Jerry Zhang
Partner
Haiwen & Partners (Beijing)
U.S. Encryption controls
- Update on new encryption rules
- How to obtain mass market and ancillary cryptography classifications
- Deciphering US export license exceptions, conditions and scope limitations
- Making the correct jurisdictional determination and resolving EAR/ITAR classifi cation issues
China Encryption Controls
- Identifying which products fall under the scope of “Encryption” under China encryption regulations
- When the encryption rules apply: Components vs. Products
- How to obtain encryption licenses for items containing encryption functions (i.e. hardware, door pass)
- New tariff classifications for encryption products jointly issued by State Encryption Management Commission (SEMC) and Customs
- How SEMC and China Customs make “core/non-core” determinations for imported products
- Complying with Import and Use Permit requirements and exemptions
- Available channels for companies to communicate with state encryption management commission
12:45 Networking Lunch for Speakers and Attendees
14:00 China Restricted Technology Export Controls: Implementing Internal Controls to Prevent Potential Violations
Cindy Wang
Corporate Import and Export Compliance Manager
Honeywell (Shanghai)
Benjamin Bai
Partner
Allen & Overy (Shanghai)
- Overview of classifications of technology and what technologies are controlled
- Understanding the relationship between technology import and export catalogue: What kinds of technology are prohibited to export after importing into China
- Integrating technology import and export regulatory requirements into your internal controls system
- Working effectively with IP and R&D teams while applying for a patent abroad
- Managing emails in cross-border R&D to avoid potential violations
- Communicating effectively with MOFCOM to obtain the technology export license
- Available remedies when you fail to make the record of restricted technology export with MOFCOM
14:45 Refreshment Break
15:00 Applying the de Minimis Rule to Classify U.S.-Origin Items Under EAR
Daniel M. Fisher-Owens
Partner
Berliner, Corcoran & Rowe LLP (USA)
Dr. Nancy Zhao
President & CEO
ADL Supply Chain Management Co., Ltd China (Shanghai)
- Overview of the de minimis rule and understanding the methodology
- Classifying commercial and dual-use items and technology
- Using de miminis to determine when you need re-export licenses
- Applying de miminis on products developed from your joint R&D projects
- Educating your R&D and IP on EAR controls and ensuring compliance through internal controls
- Reconciling confl icting classifi cations under the EAR , EU and UK export controls regimes
- Understanding when you should consult with an outside counsel
16:15 US Economic Sanctions: How OFAC Rules Affect Your Business in China
Greta Lichtenbaum
Partner
O’Melveny & Myers LLP (Washington)
T. James Min II
Vice President – International Trade Affairs
DHL Express (USA)
- Which countries are subject to US economic and trade sanctions and how these sanctions affect US operations in China and Chinese companies
- Rules applicable to US persons, and rules applicable to both US and non-US persons
- Summary of re-export controls applicable to U.S.-origin goods, technology and software
- Update on sanction list and denied parties list
- Updates on sanctions against Iran, Sudan, Burma/Myanmar, North Korea, Syria and Cuba
- Update on the UN sanctions against Iran
- What latest enforcement cases tell us about OFAC compliance expectations
- Types of sanctioned transactions OFAC will license, and how to work with OFAC to minimize delays
- Interplay between U.S. export controls and economic sanctions regimes: US Commerce Department’s Burma/Myanmar export restrictions
17:00 Co-Chairs’ Recap and Conference Adjourns for the Day
DAY TWO
THURSDAY APRIL 14, 2011
9:00 Co-Chairs’ Opening Remarks
The Hon. Christopher R. Wall
Partner
Pillsbury Winthrop Shaw Pittman LLP (Washington)
Former U.S. Assistant Secretary of Commerce for Export Administration
Mark Guan
Regional Director, Trade Compliance – Asia
Flextronics (Shenzhen)
9:05 THE VIEW FROM EXPORT HQ: Assessing Export Risks in China and What Role China Compliance Should Play in the Global Supply Chain
Debi L.G. Davis
Vice President, International Trade
Goodrich Corporation (USA)
Peter Klein
Vice President – Export and Trade Controls
Airbus (France)
Karen Murphy,
Applied Materials (USA)
- How global export HQ perceives unique export controls risks in China
- Understanding the management structure and your role and responsibilities in the global trade team
- What are reasonable expectations for the implementation of export compliance programs in China
- Balancing cost of compliance and business revenue
- Contrasting trade compliance and export controls compliance tasks and job responsibilities
- Practical suggestions for trade compliance professionals’ career development in China
10:00 Coffee/Tea Break
10:15 Conducting Effective Screening: How to Detect All Restricted Parties and Verify End-Users
Larry Disenhof,
Cadence (USA)
Justine Cheah
Senior Manager – Global Trade Compliance
Motorola (Singapore)
- Identifying whom to screen for effective risk mitigation: going beyond customers
- Coping with different lists and languages: how to incorporate different risks and legal requirements into your screening program
- What to do when you encounter a high risk customer
- Managing documents and customer information changes
- Designing a single company-wide IT screening system to facilitate screening
- Mitigating risks from distributors, intermediaries and OEMs
11:15 What to Do If You Suspect an Export Controls Violation: Conducting Effective Internal Investigations and Implementing Corrective Measures
Deborah Gille
Counsel – International Trade Controls
General Electric Intelligent Platforms (USA)
Mark Guan
Regional Director, Trade Compliance – Asia
Flextronics (Shenzhen)
Edward L. Rubinoff
Partner
Akin Gump Strauss Hauer & Feld, LLP (Washington)
- Deciding when to initiate an internal investigation
- Developing the checklist of types of documents to review and what to look for
- Setting up the investigation team: when to start engaging outside counsel, assigning the lead in the investigation and deciding what departments need to get involved
- Communicating with headquarters regarding investigation findings
- Using limited resources in China to assist in the investigation
- How to keep records to prevent additional export violations
- Understanding whether, how and when to use self-disclosure and what information you should provide to the government
- Implementing corrective actions and remedial measures
12:30 Networking Luncheon for Speakers and Attendees
13:45 Developing and Implementing Robust Technology Control Plans (TCP)
Helen King
Director, Global Trade Compliance
Symantec (USA)
Eric Carlson
Covington & Burling LLP (Beijing)
- Structuring and monitoring the effectiveness of your technology control plans
- Controlling visitor access to restricted areas
- Data segmentation
- Meeting the firewalls and passwords requirements
- Limiting the access of foreign national employees
- Using 3rd parties to manage your IT infrastructure: Preventing unauthorized access
- Using self-assessment to identify weak spots on your TCP
- Complying with Licensing requirements:
- Working with HR managers on the hiring process and ensure licensing and documentation requirements are met
- Conducting compliance reviews and audits of license requirements
14:30 Refreshment Break
14:45 Understanding How Latest EU Export Controls Changes Affect Your China Business: New Sanctions, Licenses and End-User Requirements
Sandro Zero
Vice President, Export Control Officer
Areva (France)
Eric E. van der Starre,
Director-International Trade Compliance,
Huntsman Corporation (Switzerland)
- EU/UK sanctions update:
- New regulatory compliance requirement
- What will be the enforcement focus
- Which industries will be affected
- Why does it matter to companies in China
- Understanding EU license conditions and obligations and where are the compliance pitfalls for customers in China
- Contrasting EU and US end-user requirements
- How to prepare end- user documents to ensure license approvals
15:45 Using Proactive Measures to Mitigate Diversion and Transshipment Risks in Hong Kong
Eugene Lim
Partner
Baker & McKenzie (Hong Kong)
Angela Wu
Senior Manager, Trade Compliance
Juniper Networks, Inc. (USA)
- Identifying critical diversion warning signs and risks
- Discussing what compliance measures can minimize the risks
- Managing consignee controlled exports and the associated risk of diversion
- Developing contractual protections and addressing licensing conditions on re-exports
- Managing distributors, re-sellers, trading house and other third parties on diversion requirements
- Minimizing operational risks when controlled goods are going from Hong Kong to China
16:30 Conference Concludes
PRE-CONFERENCE INTERACTIVE WORKING SESSIONS • TUESDAY, APRIL 12, 2011 A
9:00-12:30 (Registration starts at 8:30)
The Fundamentals of U.S. Export Controls: ITAR, EAR and OFAC Demystified
Larry Panigot
Export Controls Officer
U.S. Embassy (Beijing)
The Hon. Christopher R. Wall
Partner
Pillsbury Winthrop Shaw Pittman LLP (Washington)
This highly rated, interactive workshop will provide you with an overall review of the essentials of U.S. export controls. Workshop speakers will take you through the intricate EAR, ITAR and OFAC controls and introduce you to applicable US federal agencies and the export items they regulate. Workshop highlights include:
- What qualifies as an export?
- Goods and services
- Deemed exports
- Technology
- Software
- What an export is not
- Identifying agencies that regulate exports
- What the US Department of State oversees
- US Department of Treasury’s role in sanctions and embargoes
- US Department of Commerce regulations and role relative to the US Department of State
- Enforcement role of the U.S. Customs Service- Defense Threat Reduction Agency
- Where the Department of Energy fits in the export controls scheme
- US export acronyms demystified: AECA, BIS, CBP, DDTC, DTSA, DTRA, EAA, EAR, ECCN, ITAR, MLA, NISPOM, OFAC, SED, TAA, TCP, TTCP, USML
- Who you CAN’T do business with: Embargoed countries and denied parties
- The difference between defense and “dual-use” items
- Which exports require a license
- Deemed exports to foreign persons
- Exemptions
- The difference between “US persons,” “foreign persons,” and “foreign nationals”
- When export laws affect imports Export controls in merger and acquisition transactions
- Screening: What you should know about your customers, suppliers, and vendors• Why you should get familiar with your company’s Export Management System
- Where to find help: Websites with useful information
- Examples and case studies
This interactive session is a unique opportunity to learn the nuts and bolts of dealing with day-to-day U.S. export compliance challenges, procedures and requirements. Senior and less experienced trade professionals and attorneys attend this acclaimed workshop session to prepare for the advanced discussions of the main conference.
B 13:30-17:00 (Registration starts at 13:00)
Getting EAR Jurisdiction Right: How to Classify under the CCL, ECCN’s, de minimis Rule and More
Larry Disenhof
Group Director, Export Compliance and Government Relations
Cadence (USA)
Judith A. Lee
Partner
Gibson, Dunn & Crutcher LLP (Washington)
The first and most important step in export compliance is determining the jurisdiction of articles, technology and related services. This is especially challenging because many of the rules are vague and unwritten. This practical workshop will take you through the nuts and bolts of determining whether an item is EAR-controlled, how to navigate the complex web of ECCN’s and prepare a CCATS.
- What is covered under the Commerce Control List (CCL)
- Factors to consider when determining whether an item is EAR-controlled
- Determining the correct ECCN: How to interpret and apply the right category to your products and technology
- When your product can fall under EAR 99 and when does an EAR99 item require an ECCN
- Classifying machinery and equipment for foreign national licensing
- Clarifying the de minimis rule: How to determine if something is of U.S. origin
- Navigating through BIS’ searchable database for ECCNs
- Retaining adequate documentation when classifying as EAR 99
- What is ITAR-controlled vs. EAR-controlled
- What is a “dual-use” item- and when it is EAR-controlled
- Items that are not EAR-controlled and when to request a Commodity Jurisdiction determination from the State Department and/or Nuclear Regulatory Commission
- When and how to prepare a Commodity Classifi cation Automated Tracking System CCATS vs. when to self-classify
Conference Details