EAR Boot Camp

A Tuesday, January 24, 2012 | 9:00am – 12:30pm

A COMPLETE ROADMAP TO SELECTING THE RIGHT ECCN: How to Navigate the ECCN Maze to Ensure Correct EAR Classification

Mark C. Joye,
Partner,
Baker Hostetler LLP (Houston, TX)

Nate Millsap,
Export Compliance Manager,
Marinette Marine Corporation (Marinette, WI)

Through a series of case studies and hands-on exercises, this practical workshop will provide you with the tools you need to navigate the complex web of Export Control Classifi cation Numbers (ECCN) and the EAR classification process. The working session leaders will discuss the ins and outs of how to classify your items and technologies, and determine any license approvals you will need in the export process. Particular attention will be paid to the the gamut of pitfalls to avoid in selecting the right ECCN and preventing key classification errors. Topics will include:

• What is covered under the Commerce Control List (CCL)
• Factors to consider when determining whether an item is EAR-controlled
• Navigating ECCN categories and groups
• The varying degrees of export control under ECCNs based on the country of end-us
• How to determine the ECCN for your product:
  • when to contact the manufacturer, producer or developer of the product
  • selecting the appropriate category and group that most accurately fits your product
  • reviewing the general characteristics of your item and identifying the appropriate section of the CCL
  • matching the specific characteristics of your item to an ECCN
• Demystifying the “reasons for control” listed within ECCN categories, and assessing whether a license is required
• What to do after obtaining the ECCN: How to review the Commerce Country Chart to determine whether an export license is required
• ECCNs with license exceptions associated with the export restrictions based on Low Value Shipment (LVS) or other mitigating factors
• Restrictions under ECCNs that apply to certain denied parties What to do if no ECCN fi ts your product, and determining whether a license is not required
• The scope and application of EAR99

B Tuesday, January 24, 2012 | 1:30pm – 5:00pm

THE INS AND OUTS OF USING EAR LICENSE EXCEPTIONS: When and How to Use Exceptions STA, ENC, APR, TSU, TMP, RPL and More

Gene Christiansen,
Senior Licensing Officer, Bureau of Industry & Security,
U.S. Department of Commerce (Washington, DC)

Eric Cannon,
Senior Manager
Contracts-CoreL-3 Communications (Dallas, TX)

Laura Molinari,
Counsel,
International Trade, GE Aviation (Washington, DC)

Whether you are exporting hardware or software, effective use of EAR license exceptions can create a more cost-efficient fl ow of your item or technology. This hands-on working group will provide participants with the tools to determine when and how to use an exception, and the criteria for assessing the applicability of a given exception to your products and technologies. With a number of exceptions available to exporters for dual-use items, this interactive working group will delve into the complex decision-making process that must be implemented when assessing the scope of a given license exception, including STA, ENC, APR, TSU, TMP, and RPL. Topics include:

• Key license exceptions and their limitations, including:
  • Strategic Trade Authorization (STA): How this new exception is being implemented and how effective it is in limiting overall license applications
  • ENC: Applying the four tiers of product eligibility and the scope of the encryption exception
  • Additional Permissive Re-Exports (APR)
  • Technology and Software Restricted (TSR) vs. Unrestricted (TSU)
  • RPL: Availability in servicing, repair and replacement
  • TMP: Ensuring sufficient recordkeeping requirements
• Determining what is a license exception as per Part 740, restrictions on using exceptions and criteria for using exceptions
• Coordinating and educating engineers, lawyers, and other export compliance professionals on the scope and limitations of license exceptions
• Review of country groups and how this affects the use of exceptions
• Best practices for maximizing efficiency using SNAP-R
• Critical pitfalls to avoid in using exceptions and the consequences of misuse

C Friday, January 27, 2012 | 9:00am – 12:30pm

A Practical Guide to Implementing Deemed Export Requirements: How to Select, Apply and Monitor IT and Physical Controls on Foreign National Access

Miguel A. Garcia,
Director, International Trade Compliance
ACS, a Xerox Company (Dallas, TX)

Suzanne D. Reifman,
Partner,
Vinson & Elkins LLP (Washington, DC)

Understanding the deemed export rule is just the beginning and not enough to satisfy BIS’ compliance expectations or reduce penalty risks. Without the practical know-how for implementing the requirements in real-life, your organization could unknowingly be violating strict EAR requirements. Knowing how to properly select, roll out and monitor the effectiveness of your IT and physical controls is the critical factor in minimizing your company’s exposure. Amid the increasing threat of cyber attacks, and facility/IT breaches, companies must ensure ongoing daily compliance or face heavy fines and loss of business.Through a review of sample manuals, procedures, checklists and other tools, the workshop leaders will discuss the types of effective physical and IT controls, and how to overcome key challenges at the implementation stage. The discussion will also focus on how to monitor the effectiveness of your program, and how to identify appropriate upgrades and risk areas on a continual basis. Topics include:

• Controlling physical employee and visitor access to restricted areas
• Nuts and bolts of developing a Technology Control Plan and Technology Transfer Control Plan
• Limiting foreign nationals’ access to technical data: When a password, absolute lockdown and/or email controls are required
• Managing access risks posed by offshore IT support, cloud computing and e-rooms for electronic collaboration
• Protecting US-origin data on laptops and servers
• Managing email transfers of technical data: Tracking and marking sensitive communications, and designating emails
• Protecting hardware and servers: When to create separate servers for controlled information and/or partition drives
• Working with your IT Department, and conducting reviews of your IT program
  • setting up secure firewalls, passwords and servers
  • overcoming challenges of shared services such as file servers, printers
  • controlling the use of the Internet and information available to foreign national employees on company networks
• How to train your engineers and technical personnel on export compliance
• How to incorporate your TCP into you overall EMCP

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