Day 1 - Wednesday, July 14, 2010
7:30 Registration Begins and Continental Breakfast
8:30 Opening Remarks from the Conference Co-Chairs
Andrea Fekkes
Dynes Assistant General Counsel, International
General Dynamics (Falls Church, VA)
John Barker
Partner
Arnold & Porter LLP (Washington, DC)
8:45 Brokering under Part 129 of the ITAR: Update on Proposed Changes and How to Comply
Marynell DeVaughn
Vice President and Associate General Counsel
ATK Washington Operations (Arlington, VA)
Kathleen C. Little
Vinson & Elkins LLP (Washington, DC)
- Status of pending revisions to brokering regulations, and the impact of industry comments on November 2009 proposed rules and exemptions
- What constitutes a “broker”, “brokering” and “facilitation”, and how it applies to foreign persons otherwise subject to U.S. jurisdiction
- Defining an “agent”: When an agent can include a parent or subsidiary of a U.S. company, and an unaffiliated foreign entity
- Who is a “broker” vs. a “distributor”
- Complying with “prior notification” requirements and exemptions
- Securing license and other approvals for brokers
- Drafting broker agreements: Best practices
- Meeting reporting requirements
- Ensuring compliance by foreign agents and representatives: How to educate brokers on ITAR requirements
- Update on enforcement of the brokering provisions
9:45 Defining and Managing Foreign, Dual and Third Country Nationals: Determining Nationality – and Ensuring TAA Adherence
Beth Ann Johnson
Director, Export/Import Shared Services
Northrop Grumman Corporation (Baltimore, MD)
Helaine F. Lobman
Assistant General Counsel
Mitsubishi Electric & Electronics, USA, Inc. (Somerset, NJ)
Christopher H. Morgan
Associate General Counsel
Parker Hannifin Corporation (Cleveland, OH)
Philip S. Rhoads - Speaker & Panel Moderator
Rhoads & Reed (Washington, DC)
- Using “country of birth” vs. “last place of citizenship” to determine nationality: Update on DDTC position
- Screening and interviewing foreign nationals without discriminating on the basis of national origin: Reconciling the ITAR with EU, Australian and Canadian human rights and privacy laws
- Training HR on ITAR considerations affecting the hiring stage and employment
- Transferring technical data to foreign persons inside and outside the U.S.
- Bringing foreign nationals into a TAA
- Ensuring that US, foreign engineers and technical personnel adhere to TAA restrictions: How to train US and foreign engineers on ITAR compliance
- Managing access risks posed by offshore IT support, cloud computing and e-rooms for electronic collaboration
- Creating a framework to share information between affiliates
- Limiting the access of foreign parents, subsidiaries, sister companies and service providers
- Managing on-site visits
11:00 Networking Coffee Break
11:15 Keynote Address
Lisa V. Studtmann
Director, Office of Defense Trade Controls Compliance
Directorate of Defense Trade Controls
US Department of State (Washington, DC)
11:45 Classification: Preventing ITAR “Taint” on Foreign and Commercial Technologies
Heather C. Sears
Vice President, Trade & Security Compliance
Associate Corporate Counsel
DRS Technologies (Arlington, VA)
Susan Kovarovics
Partner
Bryan Cave LLP (Washington, DC)
- Identifying when foreign commercial products and technology can become ITAR-controlled
- How embedding US-origin content into foreign produced items can impact classification
- Reconciling conflicting US and foreign classifications: What to do when your item is ITAR-controlled, but dual-use/commercial under foreign export controls
- Commingling and integrating commercial and defense technologies
- Controlling the effect of minor military “tweaks” on jurisdiction
- Working with engineers to design around the ITAR
- Classifying sensitive technologies that are not on the USML
12:30 Networking Luncheon for Attendees and Speakers
1:45 Preventing Misuse of ITAR Licensing Exemptions: Satisfying Eligibility and Authorization Requirements
Joy Speicher
Export Compliance & Licensing Specialist
Space Systems/Loral, Inc. (Palo Alto, CA)
Ronald Meltzer
Partner
WilmerHale LLP (Washington, DC)
- Status of pending DDTC guidance and proposed changes to US Government exemptions
- Determining your eligibility for ITAR and DoD exemptions: Key criteria
- How to support your eligibility for USG 126.4 (shipments by and for government)
- Avoiding common pitfalls in using technical data, temporary imports, company employee and Canadian exemptions
- When government authorizations are required and overcoming key challenges to getting them
- The consequences of misusing exemptions
- Best practices for recordkeeping of ITAR exemption use
- Application of Department of Defense “certified” exemptions: When to use them, and the process to obtain “certification”
2:45 Keynote Address: Prosecuting ITAR Violations
Patrick Murphy
Trial Attorney, Counterespionage Section
National Security Division, US Department of Justice
Prosecutor in BAE Systems PLC case (Washington, DC)
3:15 Networking Refreshment Break
3:30 Handling Suspected or Actual ITAR Violations: Conducting Effective Internal Investigations - and When to Seek Outside Counsel
Karen Jones
Vice President of Export Compliance
Xe (Moyock, NC)
Frederick F. Shaheen
Chief Counsel, Global Trade Controls
The Boeing Company (Arlington, VA)
Wendy Wysong - Panel Moderator
Partner
Clifford Chance LLP (Washington, DC)
- Investigating actual/potential violations in the US vs. abroad: Key differences and challenges
- Dealing with “minor” or suspected violations: Assessing the potential seriousness of a violation and if one really exists
- When to seek outside counsel: Measuring the strength of your internal resources
- Determining the structure and scope of review, and how far to drill down
- When and how to get HR involved in the process
- Controlling and gathering information, documents and conducting employee interviews
- Determining if a violation is systemic vs. an isolated incident
- Safeguarding privilege protections
- Foreign legal considerations affecting your investigation overseas
- Implementing corrective action and remedial measures, and ensuring that they are effective
4:30 Voluntary Disclosure Do’s and Don’ts: Critical Pitfalls to Avoid in Your Disclosures
Karl Abendschein
Director, Export Compliance & Associate General Counsel
The MITRE Corporation (McLean, VA)
Beth Peters
Partner
Hogan & Hartson LLP (Washington, DC)
Through a review and analysis of sample disclosures, speakers will provide practical insights for fine tuning your disclosures. Topics will include:
- When to disclose: Factors to consider when determining whether to file a voluntary disclosure
- How much to disclose in your report
- What attachments to provide and how to summarize them
- What to say and how to say it
- Disclosing small vs. large violations: Differences in your disclosure approach
- How DDTC assesses the disclosure of a one-time vs. series of incidents, and their expectations for corrective action
- Tracking the voluntary disclosure: Is no news good news?
5:30 Conference Adjourns
Day 2 - Thursday, July 15, 2010
8:30 Opening Remarks from the Co-Chairs
8:35 Keynote Addresses: ITAR Reform Update
Brian H. Nilsson
Director of Non-Proliferation Strategy
National Security Council
Remy NathanAssistant Vice President, International Affairs
Aerospace Industries Association (Washington, DC)
9:15 Ensuring Accurate Disclosures of Payments, Fees and Commissions: How to Reduce the Risk of Overlapping ITAR and FCPA Liability
Lisa Prager
Partner
Wilson Sonsini Goodrich & Rosati LLP (Washington, DC)
- How FCPA enforcement can overlap with or lead to ITAR investigations: Lessons learned from the BAE Systems PLC case and others
- Extent of referrals and cooperation between export and FCPA enforcement agencies
- Verifying the accuracy of Part 130 statements for certification purposes
- How to disclose payments, fees and commissions in ITAR license applications, and the consequences of inaccurate or false declarations
- Ensuring that payments, fees, commissions are tracked and recorded
- Integrating ITAR and FCPA controls and reporting mechanisms into your global compliance program, audit and internal investigation processes
10:00 Networking Coffee Break
10:15 Strengthening Your Global ITAR Compliance Program: Best Practices for Effective Management Buy-in, Training and IT Controls
Lawrence R. Fink
Vice President for International Trade Compliance
Corporate Counsel
SAIC (McLean, VA)
Frank W. Kenniasty
Vice President of Contracts and General Counsel
Comtech Systems, Inc. (Orlando, FL)
Emily Cromwell
Meyer
Government Relations and Trade Counsel
Corporate Export Compliance Officer
Aeroflex, Inc. (Arlington, VA)
Andrea Fekkes Dynes - Panel Moderator
Assistant General Counsel, International
General Dynamics (Falls Church, VA)
- Reconciling ITAR compliance with local laws and regulations governing exports/imports
- Securing US and non-US management buy-in for a global training budget: Communicating ITAR enforcement risks and dealing with resistance due to budgetary constraints
- DDTC’s IT security and compliance expectations: Scope of required investment and resources
- Protecting ITAR-controlled data on laptops, Blackberries, servers and emails
- Structuring and monitoring the effectiveness of your technology control plan
- Implementing data maintenance, preservation and retrieval procedures for your overseas offices
- Requirements for global recordkeeping and storage: Servers, helpdesks, software programming and database restrictions
- Tailoring training programs for engineers, sales, compliance and other personnel: Teaching employees how to identify potential violations
- Creating an organization-wide culture of compliance
11:30 What Triggers ICE and CBP Suspicion
Scott Greg Slavens
Special Agent,
National Export Enforcement Coordination
Network, US Immigration and Customs Enforcement
US Department of Homeland Security (Washington, DC)
Robert C. Rawls
Outbound Program Manager
Outbound Enforcement Division
US Customs and Border Protection(Washington, DC)
12:15 Networking Luncheon
1:30 Developing a Successful Global Licensing Strategy: Maximizing DSP-5s, MLAs and TAAs for Foreign Affiliates, Third Parties and Offshore Procurement
Mary C. Menz
Director, Trade Controls and Compliance
Harris Corporation (Rochester, NY)
John Barker
Partner
Arnold & Porter LLP (Washington, DC)
- Streamlining your licensing approach to meet US and local requirements
- Assessing the risk of license denials in US and foreign jurisdictions
- Using MLAs vs. DSP-5s in offshore procurement: Tech support, manufacturing and R & D
- Securing DSP-5s vs. TAAs for foreign nationals
- Preventing licensing pitfalls for foreign affiliates, contractors and service providers
- Key challenges to licensing foreign re-sellers and distributors
- Managing export license conditions and scope limitations
2:30 The Expanding Extra-Territorial Reach of the ITAR and the Risk of Individual Liability: Lessons Learned from Recent Enforcement Actions
Giovanna M. Cinelli
Partner
Patton Boggs LLP (McLean, VA)
- Impact of recent administrative and criminal cases on corporate and individual conduct
- The reach of the ITAR to non-US entities: How ITAR jurisdiction is being interpreted by enforcement officials
- How fines/penalties are being applied and which violations have proven most costly: The increasing use of deferred prosecution and settlement agreements
- Extent of mitigation afforded by voluntary disclosures
- The range of conduct that leads government to target an individual vs. the corporation in an export investigation
- When separate counsel for individuals is required
- What to do when individual and corporate interests collide
3:00 Networking Refreshment Break
3:15 What to Expect from DDTC Audits and Visits
Denise Lester
Manager Export Compliance
Export Import Shared Services
Northrop Grumman Corporation
John Liebman
Of Counsel
McKenna Long & Aldridge LLP (Los Angeles, CA)
- What triggers an audit vs. a visit
- How to respond to a visit vs. mandated independent audit
- What an audit and company visit entail, and what DDTC looks for
- Preparing for the visit or audit: Type and extent of preparation
- Handling DDTC requests and correspondence
- If and when to assert privilege
- Ensuring the availability of compliance personnel, management, outside counsel and data
- Preparing company officials for interviews
4:00 Vetting and Monitoring Third Party ITAR Compliance: Minimizing Liability Risks for the Sins of Others
Michael Slonim
Senior Manager, Corporate Export Control
Honeywell International (Washington, DC)
- Quantifying the potential exposure of a third party relationship: Key factors impacting your assessment at the due diligence stage
- Where your company’s responsibility for exports and reexports begins and ends: Degree of exposure for third party violations
- Contractual safeguards to include in contracts with third parties: Fees, commissions, indemnification, insurance provisions, audit rights and NDAs
- When and how much to train third parties on ITAR compliance
- Monitoring third party compliance and assessing risk factors on an ongoing basis
- Dealing with suspected and actual violations in third party relationships
- Recordkeeping: What documents/information to collect from foreign third parties, and how to review them
- When the risks outweigh the benefits: When to forego or terminate a third party relationship
5:00 Conference Concludes
Conference Details
