Global Encryption Controls

Wednesday, April 18 to Thursday, April 19, 2012

Hilton San Francisco Airport Bayfront, San Francisco, CA

DAY 1 – Wednesday, April 18, 2012

8:00 Registration Opens

9:00 Opening Remarks by Conference Co-Chairs

Steve Bird Export
Compliance Manager
Cisco Systems (San Jose, CA)

Roszel C. Thomsen, III
Partner
Thomsen & Burke LLP (Baltimore, MD)
Co-Chair, Encryption Working Group, Bureau of Industry and Security’s Information
Systems Technical Advisory Committee

9:15 How International Agreements Affect the Import and Export of Cryptography: Wassenaar Arrangement, Trans Pacific Partnership and the WTO

Michael F. Angelo
Senior Architect, Office of the CTO
NetIQ Corporation (Houston, TX)
Co-Chair, Encryption Working Group, Bureau of Industry and Security’s Information
Systems Technical Advisory Committee

Elizabeth Hafner
Director for Russia and Northern Eurasia
Office of the U.S. Trade Representative (Washington, DC)

Danielle Kriz
Director, Global Cybersecurity Policy
Information Technology Industry Council (Washington, DC)

Join our panelists for an in-depth discussion on the transforming global landscape of encryption controls, and the key policies and agreements that are impacting your compliance strategies. Each panelist brings unique experience, having been personally involved in the process and negotiations that are helping to shape this new global encryption controls environment.

10:30 Networking Coffee Break

10:45 CHINA: Overcoming Import and Export Challenges Posed by Your Encryption-Related Items and Technology

Joseph Kim
Director, Global Trade Compliance
Xilinx (San Jose, CA)

Eric Carlson
Covington & Burling LLP (Beijing, China)

• Working with Chinese agencies to facilitate your imports
• Identifying when a CCATS is reqired
  • MOFCOM
  • General Administration of Customs
  • Ministry of Foreign Affairs
  • SEMB
• Obtaining export permits from the State Encryption
• Management Bureau (SEMB)
• Understanding China’s export control regime, MOFCOM administration, and Foreign Trade Law
• Preventing product confiscation, forfeiture of illegal income, and criminal prosecution

11:45 INDIA: Incorporating Emerging Encryption Compliance Risks and Business Development Opportunities into Your Global Export Program

Dr. Kamlesh Bajaj
Chief Executive Officer
Data Security Council of India (DSCI) (New Delhi, India)

Roszel C. Thomsen, III
Partner
Thomsen & Burke LLP (Baltimore, MD)

Joel M. Margolis
Director, Policy Advocacy
U.S.-India Business Council (Washington, DC)

• Working with the Department of Information Technology, Ministry of Communications and Information Technology to help facilitate entry of your encrypted products into India
• Restrictions on key length and strength of encryption
• Status of regulations on importing encrypted hardware and security implications of encryption-related items coming in country
• Implementation of requirements on telecom companies to provide source code
• Review of key policy developments affecting your compliance status

12:45 Networking Luncheon for Attendees and Speakers

2:00 HONG KONG & MALAYSIA: Minimizing Transshipment and Re-Exports Challenges

Darie Achstein-Conway
Global Trade and Compliance Manager
QLogic Corporation (Orange County, CA)

• Complying with permit requirements and use of permit exceptions
• Impact of the Strategic Trade Act (STA) Regulations of 2010
• Addressing re-export concerns when sending products into China through Hong Kong
• Obtaining permits in Malaysia, including: single use, multiple use, bulk or special
• Applying applicable exceptions to permit requirements in Malaysia
• Preventing severe penalties for export violations, including steep fi nes and imprisonment
• Operating within the new vetting process for moving encrypted goods

2:45 Refreshment Break

3:15 CLOUD COMPUTING: Reducing Compliance Risks Posed by Shared Networks and Collaborative Platforms

Ramakrishna Dasari
Product & Technology Classification Manager
Apple Inc. (Cupertino, CA)

Neil Martin
Trade Compliance Manager
Google (Mountain View, CA)

• The challenge of finding a common definition for “cloud computing” and why vocabulary matters
• How to identify the agencies that regulate your cloud computing products and services
• How to dissect cloud computing services and assess your regulatory obligations for each facet of the product
• Best practices for compliance, such as implementing IP filters and restricted-party screening

4:30 CANADA: Complying with Complex Encryption Regulations to Prevent Business Losses, Delays and Reduced Competitiveness

Michael Morgan
Partner
Labarge Weinstein (Ottawa, Canada)

• Obtaining necessary permits with the Trade Controls & Technical Barriers Bureau (TCTBB)
• Impact of the October 2010 Export Controls Division of Foreign Affairs and International Trade Canada (ECD) policies on permits for export or transfer of information security goods, soft ware and technology
• Establishing an effi cient and comprehensive compliance plan to ensure export and transfer of controlled goods and technology
• Obtaining different Canadian permits including:
• Multi-destination, broad based, co-development, and regime decontrol permits

5:15 End of Day 1

DAY 2 – Thursday, April 19, 2012

9:00 Conference Co-Chairs’ Opening Remarks

9:05 U.S. Encryption Policy Update: Status Report on Current and Pending EAR, ITAR and OFAC Reforms

Daniel M. Fisher-Owens
Partner
Berliner, Corcoran & Rowe LLP (San Francisco, CA)

• State of play for ERN filing and self-classification reporting
• Impact of potential restructuring on category 13 of the USML: Commercial v. military encryption
• U.S. perspective on potential Wassenaar reforms to Category 5, Part 2
• How the changes to OFAC general license for personal communications/ web browsers has impacted export operations

9:35 RUSSIA’s Membership in the WTO and the U.S.- Russia 2006 Bilateral Agreement: The Latest on Russia Encryption Compliance Expectations and Inter-Agency Cooperation

Elizabeth Hafner
Director for Russia and Northern Eurasia
Office of the U.S. Trade Representative (Washington, DC)

Betsy Hafner will provide strategic insight on the current Russian import and export requirements for encryption items. Hear the latest on how these recent developments impact your export program and what to watch out for in 2012 from the FSB in Russia.

10:05 Networking Coffee Break

10:20 CUSTOMS UNION OF RUSSIA, KAZAKHSTAN & BELARUS: Satisfying Complex Encryption Import Licensing Requirements

Dr. Alexander Zubarev
Information Security Director
Hewlett-Packard (Moscow, Russia)

Lynn Wallace
Manager, Trade Compliance
Symantec Corporation (Mountain View, CA)

Michael T. Gershberg
Of Counsel
Steptoe & Johnson LLP (Washington, DC)

• What is required to secure a license
• Determining what proprietary information is protected
• and increasing your communication with the FSBFSB’s definition of “strong encryption”
• Complying with requirements for bulk products with identical encryption parameters
• Reconciling US encryption export rules with Russian import licensing requirements
• Whether mass market items qualify for notifi cation requirements
• Managing the eff ect of the new rule on mobile devices
• New initiatives on simplification of import of products with cryptography in the CU countries

11:30 NETHERLANDS & IRELAND as Key Software and Hardware Distribution Centers: Overcoming Clearance, Re-Export and Tax Implications

Anita C. Esslinger
Partner
Bryan Cave LLP (London, England)

Daniel Minutillo
Partner
DCM, A Professional Law Corporation (San Francisco, CA)

• Understanding where the exporter is established and knowing which export control authority is the regulator
• Comparing EU/UK/Irish export encryption controls
• Comparison to CCL and the absence of 992 and EAR99 on the EU Dual-Use List
• Understanding what licenses are available in the UK and Ireland
• Working with Customs to declare and clear your goods in the Netherlands
• Working within the Irish export control system for exporting US-origin goods
• Key regulatory differences for EU distribution through Ireland vs. UK: Hardware v. soft ware distribution

12:30 Luncheon for Attendees and Speakers

1:45 ISRAEL: Complying with Encryption Registration and Distribution Requirements to Prevent Strict Penalties and License Revocation

Ramakrishna Dasari
Product & Technology Classification Manager
Apple Inc. (Cupertino, CA)

Eyal Roy Sage
Partner
Amar Reiter Jeanne Sage Cohen & Co. (Tel Aviv, Israel)

• How to distribute, register and notify the Israeli
• Government of your encryption products coming into the country
• Working with Israel’s Ministry of Defense (MOD) to ensure compliance
• How Israel’s IT and cryptography industry fit into their national security framework
• Working with the Director-General to facilitate the granting of encryption licenses
• Obtaining special, restricted and general use licenses, and defining “free means”
• How to prepare a successful license application, and license renewals

2:45 Refreshment Break

3:00 MEXICO: Managing the Practical Impact of New Export Controls on your Encryption Compliance Strategy

Martin Hagerman
Partner
Hagerman Abogados (Mexico City, Mexico)

Nora Ochoa
Latin America Regional Trade Compliance Manager
Weatherford (Mexico City, Mexico)

• Review of the new Mexican export control regulations and when they go into effect
• Scope of controlled products, and restriction on setting up a new entity in Mexico
• When and how to file an end-user statement
• When to file a license per sales order or a blanket license
• Determining which exemptions are available for your encryption items
• When would you be subject to the regulations as a multinational corporation, and what triggers compliance requirements

4:00 A Round-Up of Encryption Controls Compliance Best Practices: Lessons Learned for Updating Your Global Encryption Compliance Program Led by:

Steve Bird
Export Compliance Manager
Cisco Systems (San Jose, CA)

Linda Gamaunt
Senior Export Analyst
Ingram Micro Inc. (Santa Ana, CA)

At this unique panel, you will hear directly from industry experts on their experiences and challenges to implementing and monitoring a global encryption compliance program. Learn key lessons on how to blend conflicting U.S. and foreign requirements, and prepare for increased global encryption regulation and enforcement. Th is interactive discussion will have ample time for Q & A so please submit questions before the Summit!

Email questions to crypto@americanconference.com

5:00 End of Summit

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Location:
Hilton San Francisco Airport Bayfront
San Francisco, CA