ITAR Compliance

PRE-CONFERENCE WORKING GROUPS – MONDAY, JULY 23, 2012

A 9:00 a.m. - 12:30 p.m. (Registration opens at 8:30 a.m.)

Preventing ITAR Migration throughout the R & D and Product Life Cycle: How to Classify New, Innovative and Emerging Technologies

Karl Abendschein
Director, Export Compliance & Associate General Counsel
The MITRE Corporation (McLean, VA)

Jason M. Silverman
Partner,
McKenna Long & Aldridge LLP (Washington, DC)

Amid the broad scope of ITAR jurisdiction and the looming risk of EAR - ITAR migration throughout the product life cycle, defense, aerospace, high technology and other industries face the daunting task of carefully monitoring the development, modification and use of innovative technologies in both commercial and military contexts.Using case studies and concrete examples, this practical working group will provide you with the tools you need to resolve complex classification issues affecting existing, new and emerging technologies. As the rules of the road continue to evolve and with the advent of new technologies that are sometimes not on the USML, don’t miss this invaluable opportunity to make sense of confusing, vague and unwritten rules impacting your analysis.Topics will include:

• When defense technology is “ITAR-controlled”: What is covered by the U.S. Munitions List (USML) vs. Commerce Control List, and the impact of proposed export control reforms
• How original design intent, government funding, R&D, testing, specifications, underlying technology, tamper-proofing and intended market factor can affect the classification
• The “specially designed or modified” reach of the ITAR, the “see-through” rule and their application to your products
• Conducting market and IT functionality analyses
• Classifying sensitive technologies that are not on the USML
• What constitutes a “military” software application: Assessing software functionality
• How much commercial predominance is enough
• Commingling and integrating commercial and defense technologies: Impact on classification
• When to do a CJ vs. self-determination
• Controlling the effect of minor military “tweaks” on jurisdiction

B 1:30 p.m. - 5:00 p.m.(Registration opens at 1:00 p.m.)

Exclusive Empowered Official Benchmarking Session: How to Handle Complex Scenarios that Keep EOs Up at Night

Karen Jones
Director, Trade Compliance
Exelis Electronic Systems Division (Norfolk, VA)

Charlotte Farrar
Senior Empowered Official
Senior Export Licensing & Compliance Advisor
Hawker Beechcraft Corporation (Wichita, KS)

William G. van Amerongen
Empowered Official
Director, International Trade Compliance
International Rectifier Corporation (El Segundo, CA)

At this unique closed-door session for private sector professionals only, highly experienced empowered officials will take you through a variety of common, high risk and complex scenarios that, if improperly handled, could have significant consequences for your business and trigger vigorous ITAR enforcement. Benefit from first-hand insights on how to analyze, manage and resolve critical ITAR compliance challenges, and how to prevent repeat scenarios in the future. The working session speakers will take you through concrete examples, checklists and case studies that will provide you with best practices for your daily work. A questionnaire will be sent to all attendees before the event to ensure that the session is tailored to attendees’ key interests. Ample time will be left for Q & A, so come prepared with your questions!Topics will include:

• When and how DDTC questions companies about the qualifications of empowered officials
• Measuring the risk of personal liability for ITAR violations
• When an empowered official can be held to a higher standard than other compliance personnel: Qualifications for the position
• What is required to maintain EO status
• What should happen when an empowered official learns about an ITAR violation
• To what degree an empowered official should delegate and how much is too much
• Scope of a company’s responsibilities to train and re-train its empowered officials
• Recommended attributes, knowledge and practical tools for empowered officials and their employers

- Actions -

- Share -