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European Export Controls

April 4th, 2012
in International Trade & Defense, Regulatory Compliance and Trade |

Gain an In-depth Understanding of how Export Controls are Implemented Throughout Europe and Take Home Practical Tools for Benchmarking Your European Export Controls Compliance Programme to Avoid the Risk of Violations.

Amid the new EU general export authorisations, proposed changes to export controls under the European Commission’s recent Green Paper and new sanctions continuously being issued, companies are faced with new burdens and also, new opertunites. Now is the time to ensure your company is fully prepared for the changes being made to European export controls. By strengthening your knowledge on the implementation of European export controls throughout the Member States, you gain the tools you need to maintain a competitive advantage in the market place and to avoid costly export violations.
C5‘s 2nd Advanced Forum on European Export Controls is a unique programme specifically and expertly designed to help you and your organisation conquer the challenge of remaining informed, compliant and ahead of the game.

The sessions will provide you with in-depth and practical guidance on European export control regulations and best practices for benchmarking your export compliance programme and fulfilling all your requirements when exporting controlled goods.

Key Topics Include:
Strategies for capitalising on the European Union’s Community General Export Authorisation licenses
Creating an action plan for avoiding sanction violations when exporting dual-use goods even when the list of sanctioned countries is continuously changing
How to accurately classifying dual-use goods under the EC Regulations 428/2009
Best practices for screening third parties to avoid doing business with entities on the sanctioned parties lists and mitigate the risks of diversion
Leading tactics for ended contracts with parties that have been placed on the sanctions lists
How to comply with encryption controls throughout Europe

This packed 2 day programme with deliver valuable, practical information that you can take back to your organisation and implement immediately. Participants will receive a CD-Rom containing a comprehensive set of valuable materials prepared by the speakers specifically for this event. These are invaluable reference materials which you will use again and again, long after the conference is over.

Anti-Corruption Southern Africa

March 19th, 2012
in Anti-Corruption / FCPA, International Trade & Defense, Legal, Legal Conferences, Legal Conferences, Litigation, Regulatory Compliance and Trade |

In October 2011, South African President Jacob Zuma ordered a new probe into the infamous Arms Deal that involved corruption and bribery allegations during a R30 billion procurement deal.

The new commission of enquiry will now have two years in which to finally put the arms deal scandal to rest.  Meanwhile, yet another South African police chief and government ministers have hit headlines in the latest round of corruption allegations against President Zuma’s government.

Adding to mounting pressure, Japanese-based Marubeni Corporation has agreed to pay $54.6 million to resolve FCPA charges related to a decade-long scheme to bribe government officials in Africa, further demonstrates that no company is beyond the reach of the US Foreign Corrupt Practices Act. This is coupled with the implementation of the UK Bribery Act in July 2011 which will have extraterritorial reach throughout Southern Africa for any company that carries on any “part of a business” in the UK. Accordingly, all companies doing business or investing in Southern Africa and local companies listed on foreign stock exchanges or with ties to foreign companies must take extra care to ensure their organisation fosters a culture of strict compliance from management down and that ALL potential corruption and bribery risks are detected and minimised as quickly as possible to avoid intrusive government investigations, significant fines and costly settlement arrangements.

Following last year’s sell out success, C5 is pleased to bring you C5’s second Forum on Anti-Corruption – Southern Africa Edition which will once again bring together a leading faculty of experienced in-house and private practice lawyers, compliance executives and government officials who will provide the latest strategies to facilitate compliance with Southern African, US, UK and European anti-corruption laws and mitigate damages should a violation occur.

The fully updated agenda for 2012 includes:

  • Southern Africa’s anti-corruption legislative reform and enforcement efforts:  How the past year’s developments have changed the face of corporate compliance.
  • How the Extraterritorial Reach of the UK Bribery Act will impact Southern African Business: Putting “Adequate Procedures” and a “failure to prevent bribery…” into Regional Context.
  • What’s Next for FCPA Enforcement: What local and international Southern African Based Organisations Needs to Know.
  • Building a Culture of Compliance from the Top Down: Getting Buy In and Leadership Support.
  • Conducting thorough risk-based due diligence against all third parties to control and minimise liability risks.
  • Installing a strong and safe whistleblowing system that employees will use: Accounting for cultural nuances.
  • Navigating the Southern African customs process: Who to trust? What to Avoid? How to Respond to facilitation payment requests.
  • Private to Private Corruption: New ways the private sector can be implicated in bribery and corrupt practices.

Use this opportunity to benchmark your practices with leading local and international organisations and pick up critical knowledge from the anti-corruption experts. This is an outstanding career, business networking and information sharing opportunity.

ITAR compliance forum

March 3rd, 2012
in International Trade & Defense, Legal, Legal Conferences, Legal Conferences, Regulatory Compliance and Trade |

Dr. John Reece Roth, former University of Tennessee professor recently began his 4 year JAIL sentence after being convicted in part for exporting defense articles and services without a license, reinforcing the seriousness of ITAR violations. However, as technology develops and the use of laptops, smart phones and tablets becomes more common place, the risk of committing inadvertent export violations increases. This is a growing concern for anyone involved in the defense industry.

At C5’s ITAR Compliance Forum: UK Edition, the industry’s foremost leaders will provide you with practical insights on how to identify and avoid the risks of exporting controlled data without the appropriate licenses in place. Avoid exorbitant fines and jail time by knowing the most up to date information on avoiding transfers of technical data.

  • Defining technical data under ITAR: which technology and communications are subject to control?
    - How does this differ from the European defence industry’s definition of technical data?
  • Best practices for protecting your technical data on site
    ­- What checks should your organisation have in place?
    ­- How to safeguard the transfer of emails
    ­- Measures for protecting conversations
    ­- How to protect your servers
  • Policies to have in place to ensure that your entire company is in full compliance with protecting technical data
  • Checks that should be performed when outsourcing IT services
  • What qualities to look for when choosing a software programme to help control your technical data
    http://www.c5-online.com/files/pdf/marketing/501×12-LON-E.pdf

Make the most of your experience by attending the highly acclaimed Pre-Conference Master Class: Fundamentals of ITAR Compliance in Practice: Key Concepts and Requirements under the International Traffic in Arms Regulation

Bringing and Defending Litigation Against EU Institutions

January 26th, 2012
in International Trade & Defense, Legal Conferences |

Writing persuasive written pleadings and maximising the time provided in the oral hearing is an art and the better you are the greater the chances of success for your client.  Although the procedural rules stipulate the requirements to be followed and there is additional guidance on the websites of the European Courts, there are no manuals or other literature to guide you.  Even for lawyers who have been in private practice for many years, litigation before the European Courts can be a real challenge as it is so different from litigation before national courts.  Fortunately these skills can be taught and we have gathered together a spectacular faculty of current and former judges and experienced practitioners to give you inside tips and techniques.  This intensive two day course is a mixture of legal grounding and practical, interactive exercises.  This programme is specially designed to help you gain confidence when litigating before the European Courts.

Working with experienced judges and practitioners you will:

Get a comprehensive breakdown of the procedural rules

Find out how the proposed amendments to the procedural rules will affect your clients

Gain a greater understanding of how to utilise fundamental rights and general principles of EU law

Get an update on the case law relating to access to documents so that you can protect vital information

Discover how to write persuasive written pleadings

Practice how to make the most of the time allocated in the oral hearing

Have an opportunity to hear directly from judges about what they want from you

ACIs 6th Houston FCPA Boot Camp

January 14th, 2012
in Anti-Corruption / FCPA, International Trade & Defense, Legal Conferences, Regulatory Compliance and Trade |

The U.S. DOJ and SEC have made it clear that corruptive behavior will remain a high priority for enforcement, particularly within the oil and gas and related services industries. Over the past year alone, FCPA enforcement by U.S. authorities has more than doubled, with recent investigations initiated in almost all major industries and regions across the world. No industry is immune from FCPA enforcement.

In an environment such as this, it is critical to avoid getting caught in the regulatory crosshairs that your company takes the necessary steps to ensure that anti-corruption compliance is made an important corporate goal and priority that is taken seriously.

This highly-rated Houston FCPA Boot Camp will provide you with practical strategies and best practices for addressing high risk areas for enforcement across global business operations while taking you deeper into the world of FCPA and anti-corruption compliance as the following topics are addressed:

  • What the latest settlements and investigations reveal about FCPA compliance priorities
  • Adequate standards and global structures for anti-corruption compliance programs
  • How to examine the who, what, when where, how and why of an internal FCPA investigation
  • Tips for establishing effective red and green flags to prevent common gifts, entertainment and hospitality pitfalls in high risk markets
  • Innovative strategies for ensuring the global trickle down of your FCPA compliance program

Also, benefit from

  • A special two-session Focus on Third Parties that will explore How To Apply The Right Level of Due Diligence Pre-Contract as well as Preventative Strategies for Auditing and Monitoring Compliance
  • A special Keynote Address on How to Ensure Board Buy-In of Your Anti-Bribery Compliance Program
  • New Working Group Sessions:
    • A FCPA Compliance Fundamentals
    • B Overcoming FCPA Compliance Challenges in – Nigeria
    • C Unique Bribery Risks Presented by Joint Ventures and Consortia
    • D Overcoming FCPA Compliance Challenges in Brazil and Argentina

ITAR Boot Camp: UK Edition

October 30th, 2011
in International Trade & Defense |

 

C5’s 2nd Annual ITAR Boot Camp: UK Edition is a unique event designed to give you an in-depth understanding of the complexities of ITAR as well as practical compliance strategies you can apply directly to your internal compliance programme. The Boot Camp will bring together top regulators and in-house export compliance experts for two days of intensive course on the changing issues facing ITAR compliance with the industry’s best. Get the latest updates on the Export Control Reform from Robert Kovac, Managing Director of Defense Trade Controls. Gain insights on industry trends, and discuss pragmatic approaches for tackling even the most difficult compliance challenges.
Learn the most relevant information including:

  • Using ITAR exemption 126.18 in practice to reconcile conflicting regulations on foreign national restrictions and European human rights and privacy laws
  • Identifying what factors the DDTC will look at when investigating your compliance programme
  • Strategies for securing re-export and retransfer authorisations
  • Best practices for tracking technical data
  • Comprehensive instructions on how to meet your licensing obligations and ensure that your suppliers are providing you with the correct licences and information
  • Best practices for assuring that all of your staff that comes into contact with ITAR is adequately trained to avoid cost violations

Export Controls

October 20th, 2011
in International Trade & Defense |

 

Global export controls is evolving rapidly, whilst the US Departments of Commerce and State work to restructure the US Munitions and Commerce Control lists into one single list, and reclassify all military and dual use goods and technology, the European Commission is seeking guidance from industry on the current state of European export control regimes as well as releasing new general authorisations and China is developing its own stringent controls. At the same time the US Bureau of Industry and Security continues to investigate and fine companies and individuals for export control violations. All of these developments impact export controls compliance for companies based in Europe doing business globally.

As new technologies come on the market, the challenges of classifying dual-use items and technology and ensuring the proper licenses are in place is becoming increasingly difficult.  Failure to comply with the regulations will result in high penalties so it is imperative that companies remain vigilant when monitoring their exports and maintaining a robust internal compliance procedure.

As a result C5 is proud to present its 6th European Forum on Export Controls which is designed to provide advanced business compliance solutions that can be directly applied to your company’s export control compliance programme. The panel of expert speakers will share experiences and local knowledge to allow you to benchmark your compliance policies and provide the most up-to-date guidance on how to manage global, and sometimes conflicting, regulations. Critical topics include:

  • Maintaining Compliance with European Export Controls Across the EU Member States: Results of the EU’s Green Paper on Export Controls for Dual Use Goods?
  • Comparing US and EU Dual Use Classifications: Ratification by the EU vs. US of Wassenaar Arrangement Changes
  • Complete Guide to New and Expected Export Exemptions, General Licences and Authorisations under US and EU Law
  • Avoiding “Deemed Exports” and Other Risks Associated with Transfers of Technology and Cloud Computing
  • Understanding and Effectively Complying with UK, French, Russian and US Encryption Controls
  • Latest US and EU Sanctions Regimes and Reforms Against Middle East and North Africa: How to Update your Compliance Policies to Keep Track of Potential Sanctions Risks

India Defense Procurement

September 25th, 2011
in International Trade & Defense |

 

Between 2006 and 2010, India surpassed China as the world’s largest importer of weapons systems, reflecting the country’s intent to modernize and strengthen its armed forces. Accordingly, India’s Ministry of Defence (MOD) plans to spend approximately US$80 billion on military upgrade programs by 2015, which some analysts predict will keep India on track to be one of the largest defence customers over the next decade.

As a result of these Indian market developments coupled with the drastic defence spending cuts in the US and across the EU, C5 is pleased to present its first European Forum on India Defence Procurement which is taking place on Tuesday 6th – Wednesday 7th December 2011 in Berlin, Germany. This exceptional event will bring together key Indian government representatives as well as defence and aerospace industry experts from across India, the US and Europe to discuss the current status of the Indian defence market, expected technology and R & D spending and how to compete for a piece of the action whilst complying with Indian Defence Procurement Procedure (DPP), Offset and Foreign Direct Investment (FDI) policies.

Don’t miss presentations from India Defence Market experts including:

Ø  S N Misra, Principal Controller of Defence Accounts, Indian Navy, Former Joint Secretary (Aerospace), Department of Defence Production, Ministry of Defence (India)

Ø  Col. Rajiv Chib, Associate Director, PricewaterhouseCoopers (India),Former Secretariat, DOFA, Ministry of Defence (India)

Ø  Wg Cdr Neelu Khatri, Manager, Defence and Security Advisory Services, KPMG Advisory Services (India)

Ø  Christopher R. Yukins, Professor of Government Contract Law and Co-Director, Government Procurement Law Program, The George Washington University Law School

Ø  Stefan Billep, Head of Eurofighter Typhoon, Cassidian (India)

Ø  Brinley Salzmann, Director – Overseas & Exports, A|D|S (UK)

Ø  Lars Ajaxon, Former VP, Industrial Cooperation, Saab, Senior Advisor, Swedish Security and Defence Industry

There is no other conference in Europe which gives focused practical guidelines to companies across the aerospace and defence sector on how to maximize current lucrative opportunities within the Indian defence procurement market.

European Export Controls

August 29th, 2011
in International Trade & Defense, Legal, Legal Conferences, Legal Conferences, Regulatory Compliance and Trade |

At C5’s Advanced Forum on Export Controls, you were asked to evaluate the conference and list which topics you wanted to hear more about at a future C5 event. Overwhelmingly conference attendees  responded that they would like to attend a conference that focuses on European Export Controls.

Well, we would like to let you know that we listened. Based on your feedback, we carefully researched and designed C5’s First Advanced Forum on European Export Controls. This event has been developed to help you bring your compliance system up to speed with all the latest changes taking place on European export controls of dual-use goods. Find out what you need to do to overcome the challenges of remaining compliant with European export controls on dual-use goods.

Key topics include:

  • European Commission’s new Green Paper on export controls of dual-use goods presented by Piotr Rydzkowski of the European Commission
  • Strategies for avoiding diversion including practical advice on spotting red flags, meeting your due diligence requirements and building contractual protections into your agreements with freight forwarders
  • Rationale of screening denied parties prior to exporting dual-use goods in order to avoid unnecessary violations
  • How to update your internal export compliance programme to meet the requirements of the EU export controls requirements
  • Understanding and complying with European encryption controls

While you’re there, take advantage of our Master Class:

Encryption: Implementing a Global Encryption Strategy, 29th September, 2011

Be sure to book your place quickly! This event is taking place during Oktoberfest and you will want to book your room in advance.

June2011: ACI Blog update

June 17th, 2011
in Advertising & Marketing, Anti-Corruption / FCPA, Employment & Benefits, Expert Guest Blog Entries, Financial Services, Healthcare, Insurance and Reinsurance, Intellectual Property, International Trade & Defense, Legal Conferences, Litigation, Regulatory Compliance and Trade, Surveys and Polls |

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