Agenda

Pre-Conference Workshops

The Fundamentals of Export Controls: EAR, ITAR and OFAC Demystified

Nov 18, 2019 9:00am – 12:30pm

Speakers

Elsa Manzanares
Partner
Stinson LLP (USA)

Jackie Prince
Manager, Customs Trade Compliance
American Airlines (USA)

Obtaining Export Licenses for Foreign Sales, Foreign Teaming and Sourcing, and Domestic Technology Transfers (“Deemed Exports”)

Nov 18, 2019 1:30pm – 4:30pm

Speakers

Nathaniel Bolin
Partner
Drinker Biddle & Reath LLP (USA)

Sooji Seo
VP Legal, Ethics and Compliance
Dell (USA)

Day 1 - Tuesday, November 19, 2019

8:30
Registration and Continental Breakfast
9:00
Chair Opening Remarks
9:15
Keynote Address
9:45
Confronting Increased U.S. Export Control Requirements – Implications of the Export Control Act of 2018 & the New Focus on Emerging & Foundational Technology
10:30
Networking Break
11:00
What’s Keeping You Up at Night – Meeting New Challenges for European Companies Subject to Global Export Controls
12:00
Intersection of Export Controls and Economic Sanctions: Navigating Potential Sanctions Landmines in a Rapidly Changing World
1:00
Networking Luncheon
2:00
ITAR and EAR: Top Five Pitfalls to Avoid for Classifications, Exemptions and Licenses
2:45
Fundamentals of Export Control in the EU
3:15
Networking Break
3:45
Key EU Recommendations for Internal Compliance Programmes
4:30
Conference Adjourns

Day 1 - Tuesday, November 19, 2019

8:30
Registration and Continental Breakfast
9:00
Chair Opening Remarks

Bryce Bittner
Director of Global Trade Compliance
Textron (USA)
9:15
Keynote Address
Richard Ashooh

Rich Ashooh
Assistant Secretary of Commerce, Bureau of Industry and Security
U.S. Department of Commerce
9:45
Confronting Increased U.S. Export Control Requirements – Implications of the Export Control Act of 2018 & the New Focus on Emerging & Foundational Technology

Bryce Bittner
Director of Global Trade Compliance
Textron (USA)

Ajay Kuntamukkala
Partner
Hogan Lovells (USA)

  • New priorities for BIS
  • Increased focus on China and new regulations to come
  • What are emerging and foundational technologies?
  • How much closer scrutiny can EU businesses expect?
  • U.S. Commerce Department prohibitions pertaining to Huawei and how they apply to transactions by non-U.S. companies
10:30
Networking Break
11:00
What’s Keeping You Up at Night – Meeting New Challenges for European Companies Subject to Global Export Controls

Valerie Josien
Global Trade Compliance Lawyer
Trade Conformity Limited (UK)

Julien Sauvageot
Group Export Compliance Officer
Solvay (Belgium)

Milan Godin
Legal Advisor, Strategic Goods Control
Department of Foreign Affairs
Flemish Government (Belgium)

  • Light at the end of the tunnel? Updates on negotiations on an EU export regime on dual-use goods – Key differences between EU and US approaches
  • Brexit and Export Controls – UK-EU control changes in dual use – What you need to know
  • How the abandonment of a multilateral approach is impacting global business
12:00
Intersection of Export Controls and Economic Sanctions: Navigating Potential Sanctions Landmines in a Rapidly Changing World

Kostas Katsoulis
Global Trade Director
CardinalHealth (Switzerland)

Till Mueller – Ibold
Senior Counsel
Cleary Gottlieb (Belgium)

Roberto Soprano
Director, Global Trade Compliance and Dangerous Goods
Firmenich (Spain)

  • Russia: What is the future? State of play today and beyond. Where do we see these regimes going, what are companies planning and how are they adjusting their businesses to what has happened and what will happen?
  • Iran: How are companies in the EU reconciling U.S. sanctions with the EU blocking statue?
  • Comparing EU and US approaches: U.S. nexus with EU and U.S. deminimus — How to structure sanctions clauses in your contracts
1:00
Networking Luncheon
2:00
ITAR and EAR: Top Five Pitfalls to Avoid for Classifications, Exemptions and Licenses

Melissa L. Duffy
Partner
Dechert LLP (USA)

Annemieke de Groot
Senior Manager Global Export Trade
Cisco Systems International B.V. (The Netherlands)

  • Best practices for managing ITAR/EAR risks and strengthening compliance
  • How to benefit from ITAR and EAR exemptions
  • Top tips for proper U.S. export control classifications
  • Dual and third country national’s compliance under EAR and ITAR
  • How to have effective interaction and manage regulatory risk with U.S. suppliers, subsidiaries, parent companies and customers
  • Best practices for keeping required records & filing mandatory reports
2:45
Fundamentals of Export Control in the EU

Clare French
Export Control Manager
Hitachi Europe (UK)

  • An overview of how export control is structured in the EU
  • Latest on the proposed modernisation of the existing dual use legislation
  • Areas where EU controls differ to those in the US
  • What else is happening in the EU: Brexit, sanctions and enforcement
3:15
Networking Break
3:45
Key EU Recommendations for Internal Compliance Programmes

Julien Sauvageot
Group Export Compliance Officer
Solvay (Belgium)

Mahmut Sen
Legal & Compliance, Export Control and Customs
Siemens Healthineers AG (Germany)

  • Top level management commitment
  • Organization structure, responsibilities and resources
  • Transaction screening process and procedures (classification, KYC, license determination, etc)
  • Performance review, audits, reporting and corrective actions
  • Recordkeeping and documentation
4:30
Conference Adjourns

The Fundamentals of Export Controls: EAR, ITAR and OFAC Demystified

Nov 18, 2019 9:00am – 12:30pm

Elsa Manzanares
Partner
Stinson LLP (USA)

Jackie Prince
Manager, Customs Trade Compliance
American Airlines (USA)

What is it about?

Whether you are new to the field of export controls or seeking a comprehensive refresher, this is an invaluable opportunity to revisit intricate EAR, ITAR and OFAC controls, the mandates of federal agencies and the export items they regulate. This practical and interactive workshop will provide you with the nuts and bolts for dealing with day-to-day export compliance challenges, procedures and requirements and help you benefit from the advanced discussions that are the hallmark of the main conference.  
  • What qualifies as an export?
    • Goods and services
    • Deemed exports
    • Technology
  • Identifying agencies that regulate exports
    • What the Department of State oversees
    • Department of Treasury’s role in sanctions and embargoes
    • Department of Commerce regulations and role relative to the Department of State
    • Enforcement role of U.S. Customs and Border Protection
    • Where the Department of Energy fits in the export controls scheme
  • Export acronyms demystified: AECA, BIS, CBP, DDTC, DTSA, DTRA, EAA, EAR, ECCN, ITAR, MLA, NISPOM, OFAC, SED, TAA, TCP, TTCP, USML
  • The difference between defense and “dual-use” items
  • Who you CAN’T do business with: Embargoed countries and denied parties
  • Which exports require a license
  • Deemed exports to foreign persons
  • Exemptions
  • The difference between “U.S. 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 EMS
  • Where to find help: Websites with useful information
  • Examples and case studies

Obtaining Export Licenses for Foreign Sales, Foreign Teaming and Sourcing, and Domestic Technology Transfers (“Deemed Exports”)

Nov 18, 2019 1:30pm – 4:30pm

Nathaniel Bolin
Partner
Drinker Biddle & Reath LLP (USA)

Sooji Seo
VP Legal, Ethics and Compliance
Dell (USA)

What is it about?

This interactive and practical workshop will provide export managers and their supervisors with an in-depth look at export licensing issues under the EAR and the ITAR. The workshop will address issues related to “traditional” exports, technology exports, and deemed exports. Using case studies and hands-on licensing problems, speakers will provide you with practical advice to analyzing your complicated licensing issues, including:  
  • Unlocking the world of successful licensing
  • »» What the government want to see in a license application
  • »» The approval process
  • »» Anticipated timelines for approval
  • »» Expediting the process
  • »» Desirability of meeting with government personnel
  • The EAR: keys to a successful process
    • The “magic” to a smooth application process
    • Classification
    • Preparation of licenses
    • Encryption licensing
  • The ITAR: keys to get it right the first time
    • The “magic” needed to avoid an “RWA” notice
    • DSP-5s: tips and pitfalls
    • TAAs/MLAs
  • Deemed exports: awaking a sleeping giant
    • Identifying deemed exports (and deemed re-exports!)
    • Gathering the right information from the foreign nationals
    • Presenting the information effectively
    • Proper EAR licensing procedures
    • How to complete the license
    • Intelligence template
    • Renewals
    • Proper ITAR licensing procedures
    • DSP-5s
    • TAAs, if required
    • Recent enforcement of deemed export issues