5TH NATIONAL FORUM ON

INTERNATIONAL TECHNOLOGY TRANSFERS

Wednesday, September 23, 2009

About

Tech Transfer Violations Happen Routinely and Enforcement is on the Rise – How Effective Are Your Internal Technology Controls?

The US government imposes rigorous and far-reaching technology export restrictions which affect a large swath of companies. These controls impact the export and re-export of technology, software, technical assistance and services of US origin as well as foreign-origin technology that has more than a de minimis amount of US content. Many companies fail to understand how these controls have a global impact.

Engineers talking and sharing data, employees being copied on emails inadvertently containing sensitive information, a foreign client facility visit – these can all lead to export controls violations. With heightened penalties and enforcement officials becoming more seasoned in pursuing intangible export cases, the costs of non-compliance are too great to ignore. And with the constant march of technological innovation, the means and risks of unauthorized transfers multiply. Companies must put themselves ahead on the issue and upgrade their internal technology controls compliance program.

The acclaimed American Conference Institute’s 5th Forum on International Technology Transfers will provide you with the tools you need to minimize your risks, develop strategies to control transfers of intangibles and know what to do with a violation. A leading faculty of experienced in-house and private practice lawyers, senior compliance executives and government officials will provide you the latest information on:

  • Reconciling deemed export and re-export rules with foreign laws against discrimination and protecting privacy
  • How enforcement officials evaluate the seriousness of tech transfer violations
  • Designing a global technology control policy to ensure foreign third party compliance
  • Creating an effective training program tailored to your industry and risk exposures
  • Uncovering export controls violations and license transfer issues when contemplating a merger or acquisition
  • How voluntary disclosures of technology or tech data violations can be a mitigating factor and reduce penalties

Contents & Contributors

About

Tech Transfer Violations Happen Routinely and Enforcement is on the Rise – How Effective Are Your Internal Technology Controls?

The US government imposes rigorous and far-reaching technology export restrictions which affect a large swath of companies. These controls impact the export and re-export of technology, software, technical assistance and services of US origin as well as foreign-origin technology that has more than a de minimis amount of US content. Many companies fail to understand how these controls have a global impact.

Engineers talking and sharing data, employees being copied on emails inadvertently containing sensitive information, a foreign client facility visit – these can all lead to export controls violations. With heightened penalties and enforcement officials becoming more seasoned in pursuing intangible export cases, the costs of non-compliance are too great to ignore. And with the constant march of technological innovation, the means and risks of unauthorized transfers multiply. Companies must put themselves ahead on the issue and upgrade their internal technology controls compliance program.

The acclaimed American Conference Institute’s 5th Forum on International Technology Transfers will provide you with the tools you need to minimize your risks, develop strategies to control transfers of intangibles and know what to do with a violation. A leading faculty of experienced in-house and private practice lawyers, senior compliance executives and government officials will provide you the latest information on:

  • Reconciling deemed export and re-export rules with foreign laws against discrimination and protecting privacy
  • How enforcement officials evaluate the seriousness of tech transfer violations
  • Designing a global technology control policy to ensure foreign third party compliance
  • Creating an effective training program tailored to your industry and risk exposures
  • Uncovering export controls violations and license transfer issues when contemplating a merger or acquisition
  • How voluntary disclosures of technology or tech data violations can be a mitigating factor and reduce penalties

Contents & Contributors

The Enforcement Landscape: How Intangible Export Cases are Built and Why More are Expected
Joseph P. Whitehead, Assistant Special Agent in Charge, San Jose Field Office, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce (San Jose, CA)
Michael Desmond, Group Supervisor – CPI, Immigration and Customs Enforcement, U.S. Department of Homeland Security (Oakland, CA)

Foreign Nationals: Reconciling Conflicting Deemed Export, Discrimination and Privacy Rules

Andy Wall, Senior Manager – Technology Exports, Applied Materials (Austin, TX)
Beth Mersch, Director, Export Operations, Northrop Grumman Corporation, (Washington, DC)
Panel Moderator:,John F. McKenzie, Baker & McKenzie LLP (San Francisco, CA)

Developing Effective Training Programs to Promote Technology Transfer Controls Awareness
Jeff Rittener, Export Compliance Manager, Intel Corporation (Santa Clara, CA)
Robert Vander Lugt, Director of Export Compliance, Northrop Grumman Corporation (Dallas, TX)

Protecting Intangibles in Tech Support and R&D Offshoring Ventures
Steven Kott, Senior Manager, Global Trade, Advanced Micro Devices, (San Jose, CA)
Josephine Aiello LeBeau, Wilson Sonsini Goodrich & Rosati LLP, (Washington, DC)

Developing Controls to Meet Innovations in Data Transportability, Storage and Computing
George N. Grammas, Squire Sanders & Dempsey LLP (Washington, DC)
Dr. Raj Shea, Center Export Administration, NASA Ames (Moffett Field,CA)

M & A Due Diligence: Addressing License Transfer, Policy Integration and Export Controls Violation IssuesChristopher R. Wall, Pillsbury Winthrop Shaw Pittman LLP (Washington, DC)

Performing Defense Services: Minimizing the Risks of Export Violations and Preventing ITAR Taint of Commercial Services
Sean P. Fleming, Senior Counsel, International and Trade Compliance, Hughes Network Systems (Germantown, MD)
Stephen R. Roberti, Associate General Counsel and Director of Global Trade Compliance, Woodward Governor Company (Fort Collins, CO)
Jeremy K. Huffman, Huffman Riley Kao PLLC (Washington, DC)

Drafting Solid TCPs and TTCPs to Meet Scope of Export Authorization
Emily Meyer, Government Relations and Trade Counsel, Aeroflex Corporation, (Arlington, VA)
Michael X. Marinelli, Cooley Godward Kronish LLP (Washington, DC)

Ensuring Compliance of Foreign Third Parties in Your Global Supply Chain
Lillian Norwood, Governmental Programs Executive, IBM Corporation, (Washington, DC)
Wynn H. Segall, Akin Gump Strauss Hauer & Feld LLP (Washington, DC)

Evaluating the Pros and Cons of Voluntary Disclosures for Tech Transfer Violations
Spencer Leslie, Director, International Trade Compliance, Tyco Thermal Controls, (San Francisco, CA)
Arvind Sharma, Senior Export/Import Counsel, Flowserve Corporation, (Irving, TX)
Darryl W. Jackson, Kelley Drye & Warren LLP (Washington, DC)
Panel Moderator:, Steven K. Brotherton, Fragomen, Del Rey, Bernsen & Loewy, (San Francisco, CA)

Complying with Complex Domestic and International Encryption Controls
Trudi I. West, Global Trade Compliance Director, Hitachi Data Systems, (Santa Clara, CA)
Mike Arden, Senior Export Compliance Officer, Thales Communications, Inc. (Germantown, MD)
Roszel Thomsen II, Thomsen & Burke LLP (Baltimore, MD)


DOCUMENT TYPES: PDF PPT PRESENTATIONS AVAILABLE: 23

8:00
Registration and Continental Breakfast
8:30
Opening Remarks from Conference Co-Chairs
Mr. Jeff Rittener
Director of Global Export Compliance
Intel Corporation
Ms. Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati LLP
8:45
The Enforcement Landscape: How Intangible Export Cases are Built and Why More are Expected
-Mr. Joseph P. Whitehead
Assistant Special Agent in Charge‚ San Jose Field Office
BIS - U.S. Department of Commerce
1 file
U.S. Department of Commerce Bureau of Industry and Security Office of Export Enforcement
1.3 MB 20 pages Presentation
PPT - U.S. Department of Commerce  Bureau of Industry and Security Office of Export Enforcement
Mr. Michael J. Desmond
Group Supervisor - CPI
Immigration and Customs Enforcement‚ U.S. Department of Homeland Security
1 file
ICE
3.2 MB 30 pages Presentation
PDF - ICE
Mr. Kevin Phelan
Senior Supervisory Agent
Federal Bureau of Investigation
Mr. Gary G. Fry
Assistant United States Attorney‚ National Security Unit
Office of U.S. Attorney
9:45
Networking Coffee Break
10:00
Foreign Nationals: Reconciling Conflicting Deemed Export‚ Discrimination and Privacy Rules
Mr. Andy Wall
Senior Manager - Technology Exports
Applied Materials
1 file
Foreign National Export Compliance
719.5 KB 9 pages Presentation
PPT - Foreign National Export Compliance
Ms. Beth Mersch
Director‚ Export Operations‚ Export/Import Shared Services
Northrop Grumman Corporation
1 file
Employment Licenses
2.2 MB 10 pages Presentation
PPT - Employment Licenses
John F. McKenzie
Partner
Baker & McKenzie LLP (San Francisco, CA)
1 file
Technology Transfers and Deemed Exports: Export Control and Employment Law Challenges
266 KB 7 pages Presentation
PPT - Technology Transfers and Deemed Exports:  Export Control and Employment Law Challenges
11:30
Developing Effective Training Programs to Promote Technology Transfer Controls Awareness
Mr. Jeff Rittener
Director of Global Export Compliance
Intel Corporation
1 file
Global Export Compliance at Intel
2.6 MB 21 pages Presentation
PPT - Global Export Compliance at Intel
Mr. Robert Vander Lugt
Director of Export Compliance
Northrop Grumman Corporation
1 file
Effective Export Compliance & Technology Transfer Training
918.5 KB 9 pages Presentation
PPT - Effective Export Compliance & Technology Transfer Training
12:15
Networking Luncheon for Attendees and Speakers
13:30
Protecting Intangibles in Tech Support and R&D Offshoring Ventures
Mr. Steven Kott
Senior Director, Trade Compliance
FutureWei Technologies Inc.
Ms. Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati LLP
1 file
Protecting Intangibles in Tech Support and R&D Offshoring Ventures
398.5 KB 11 pages Presentation
PPT - Protecting Intangibles in Tech Support and R&D Offshoring Ventures
14:30
Developing Controls to Meet Innovations in Data Transportability‚ Storage and Computing
-Mr. George N. Grammas
Partner
Squire‚ Sanders & Dempsey L.L.P.
1 file
Export Compliance and Licensing: Stored and Transmitted Data
3.3 MB 29 pages Presentation
PPT - Export Compliance and Licensing: Stored and Transmitted Data
Dr. Raj Shea
Center Export Administrator‚ Protective Services
NASA Ames
1 file
Government/Customer’s Expectations for Export Compliance and Internal Controls NASA Ames Research Center
4.8 MB 20 pages Presentation
PPT - Government/Customer’s Expectations for  Export Compliance and Internal Controls NASA Ames Research Center
15:15
Refreshment Break
15:30
M & A Due Diligence: Addressing License Transfer‚ Policy Integration and Export Controls Violation Issues
Ms. Tina M. Luther
Director‚ Export Operations-Compliance
Teledyne Technologies Incorporated
1 file
ACI’s 5th National Forum on Complying with Export Controls on International Technology Transfers
8.4 MB 18 pages Presentation
PPT - ACI’s 5th National Forum on Complying with Export Controls on International Technology Transfers
Mr. Christopher R. Wall
Partner
Pillsbury Winthrop Shaw Pittman LLP
1 file
The Role Of Export Control Counsel In M & A Transactions
643 KB 14 pages Presentation
PPT - The Role Of Export Control Counsel In M & A Transactions
16:30
Performing Defense Services: Minimizing the Risks of Export Violations and Preventing ITAR Taint of Commercial Services
Mr. Sean P. Fleming
Sr. Counsel‚ International and Trade Compliance
Hughes Network Systems
1 file
Performing Defense Services
3.2 MB 35 pages Presentation
PPT - Performing Defense Services
Mr. Stephen R. Roberti
Associate General Counsel‚ Director Global Trade Compliance
Woodward Governor Company
1 file
Performing Defense Services
3.2 MB 35 pages Presentation
PPT - Performing Defense Services
Mr. Jeremy K. Huffman
Partner
Huffman Riley Kao PLLC
1 file
Performing Defense Services
3.2 MB 35 pages Presentation
PPT - Performing Defense Services
17:30
Conference Adjourns for the Day
8:45
Drafting Solid TCPs and TTCPs to Meet Scope of Export Authorization
Ms. Emily Meyer
Government Relations and Trade Counsel
Aeroflex Corporation
1 file
Technology Control Plans
157 KB 14 pages Presentation
PPT - Technology Control Plans
Mr. Michael X. Marinelli

Cooley Godward Kronish LLP
1 file
Technology Control Plans
315 KB 16 pages Presentation
PPT - Technology Control Plans
9:45
Ensuring Compliance of Foreign Third Parties in Your Global Supply Chain
Ms. Lillian Norwood
Manager, Governmental Programs - Export Regulation Office
IBM
1 file
Ensuring Compliance of Foreign Third Parties in Your Global Supply Chain
291 KB 16 pages Presentation
PPT - Ensuring Compliance of Foreign Third Parties in Your Global Supply Chain
Mr. Wynn H. Segall
Partner
Akin Gump Strauss Hauer & Feld‚ LLP
1 file
Ensuring Compliance of Foreign Third Parties in Your Global Supply Chain
291 KB 16 pages Presentation
PPT - Ensuring Compliance of Foreign Third Parties in Your Global Supply Chain
10:30
Coffee Break
10:45
Evaluating the Pros and Cons of Voluntary Disclosures for Tech Transfer Violations
Mr. Spencer Leslie
Director‚ International Trade Compliance
Tyco Thermal Controls
1 file
International Trade Compliance Voluntary Disclosures – Tech Transfer Violations
1.5 MB 18 pages Presentation
PPT - International Trade Compliance Voluntary Disclosures – Tech Transfer Violations
Arvind Sharma
Senior International Trade Counsel, Business Integrity & Compliance
Flowserve Corporation
1 file
International Technology Transfers Evaluating the Pros and Cons of Voluntary Disclosures
490.5 KB 5 pages Presentation
PPT - International Technology TransfersEvaluating the Pros and Cons of Voluntary Disclosures
Mr. Darryl W. Jackson
Partner
Kelley Drye & Warren LLP
1 file
Making Voluntary Self-Disclosures in Technology Transfer Cases: The Challenges and Benefits
1 MB 10 pages Presentation
PPT - Making Voluntary Self-Disclosures in Technology Transfer Cases:The Challenges and Benefits
Steven K. Brotherton
Partner
Fragomen‚ Del Rey‚ Bernsen & Loewy‚ LLP
1 file
Voluntary Disclosures
282 KB 5 pages Presentation
PPT - Voluntary Disclosures
11:45
Complying with Complex Domestic and International Encryption Controls
Ms. Trudi I. West
Director‚ Global Trade Compliance
Hitachi Data Systems
1 file
U.S. Encryption Export Controls
204 KB 15 pages Presentation
PPT - U.S. Encryption Export Controls
Mr. Michael Arden
Senior Export Compliance Official
Thales Communications (USA)
1 file
American Conference Institute: Complying with Complex Domestic and International Encryption Controls (ITAR)
338 KB 9 pages Presentation
PPT - American Conference Institute:Complying with Complex Domestic and International Encryption Controls (ITAR)
-Mr. Roszel C. Thomsen, II
Partner
Thomsen and Burke LLP
1 file
Complying with Complex Domestic and International Encryption Controls
453.5 KB 10 pages Presentation
PPT - Complying with Complex Domestic and International Encryption Controls
12:45
Conference Ends