About
As the United States takes a more aggressive approach to enforcement in all areas of international trade regulation and national security, the Departments of State, Commerce, Treasury and Homeland Security are vigorously policing the export activities of U.S. firms and their foreign trading partners to ensure strict compliance with export control and economic sanctions laws.
Rising government expectations and new regulatory standards amplify risks for U.S. and foreign companies in our increasingly global business environment. Export controls are becoming ever more complex and restrictive, and U.S. exporters must develop robust internal export control compliance programs that do not unduly hamper legitimate trade. Civil and criminal penalties are rising, cases are high profile and yesterday's knowledge is simply not enough to make the right decisions today.
The ACI's Export Controls publication is a rare opportunity to get comprehensive, insightful, and practical guidance on critical export compliance issues and learn how industry is setting up internal controls to comply in this constantly changing global legal landscape.
The publication will include the latest information on:
- The current status of US/China trade policy and where it is headed
- How to set up an effective program for foreign national employees, vendors, subcontractors and customers
- Preparing for the Department of Defense proposed rule to make export compliance a contract term
- What other exporters are doing to implement state of the art export compliance programs
- Making OFAC an integral part of your overall trade compliance program
- What the current focus on enforcement regarding freight forwarders means to your company
- Strategies for technology transfers to controlled countries
- Ensuring that supply chain management is an integral part of the internal controls program
Contents & Contributors
DUAL-USE EXPORT COMPLIANCE AND ENFORCEMENT
Michael D. Turner, U.S. Department of Commerce
REGULATORY AND POLICY UPDATE
Thaddeus R. McBride, Fulbright and Jawarski LLP
U.S. AND CHINESE EXPORT CONTROLS AND TRADE POLICY
Mark D. Menefee, Baker & McKenzie
DEEMED EXPORT
Roszel C. Thomsen II, Thomsen and Burke LLP
DUAL-USE ITEMS: AT WHAT POINT DOES YOUR PRODUCT MORPH INTO AN ITAR CONTROLLED ITEM?
Peter S. Jordan, United Technologies Corporation
DUAL-USE ITEMS: AT WHAT POINT DOES YOUR PRODUCT MORPH INTO AN ITAR CONTROLLED ITEM?
Kathleen C. Little, Vinson & Elkins LLP
COMPLYING WITH ITAR CONTROLS
Heather C. Sears, Cobham
IMPLEMENTING AN EXPORT COMPLIANCE PROGRAM KEY MECHANISMS FOR SUCCESS IN A GLOBAL ECONOMY
Mark E. Sagrans, E.I. duPont de Nemours and Company
U.S. ECONOMIC SANCTIONS: WHAT DO IN-HOUSE LEGAL COUNSEL FOR NON-FINANCIAL COMPANIES NEED TO KNOW?
J. Daniel Chapman, Baker Hughes Incorporated
A FOCUS ON OFAC
Thomas E. Crocker, Alston & Bird LLP
MANAGING YOUR COMPANY'S EXPOSURE TO THIRD PARTY RELATIONSHIPS
F. Amanda DeBusk, Hughes Hubbard & Reed
EXPORT COMPLIANCE DUE DILIGENCE CHECKLIST FOR CORPORATE MERGERS & ACQUISITIONS
Peter L. Flanagan, Covington & Burling
CONDUCTING EXPORT CONTROLS DUE DILIGENCE IN MERGERS AND ACQUISITIONS
Kathleen Lockard Palma, General Electric Company
EXPORTING TECHNOLOGY AND SOFTWARE, PARTICULARLY ENCRYPTION
Benjamin H. Flowe, Jr., Berliner, Corcoran & Rowe, LLP
U.S. INTERNATIONAL TRADE CONTROLS: COMPLIANCE ISSUES WITH GLOBAL OUTSOURCING AND SUPPLY CHAIN MANAGEMENT
William L. Clements, Foley & Lardner
MEETING THE COMPLIANCE CHALLENGES OF GLOBALIZATION
Andrea Fekkes Dynes, General Dynamics
INTRODUCTION TO U.S. EXPORT CONTROLS
Thomas B. McVey, Williams Mullen Clark & Dobbins
CHINA'S NON-PROLIFERATION POLICY AND EXPORT CONTROL PRACTICE
Li Genxin, China Arms Control and Disarmament Association