Day 1 - Monday, October 5, 2015

9:00
The Fundamentals of Economic Sanctions: What Every Sanctions Professional in Canada Needs to Know About U.S. and Canadian Restrictions and Penalty Risks
1:30
Economic Sanctions Compliance Benchmarking: How to Implement the Essential Elements and Internal Controls That Should Be Part of Your Global Program

Day 2 - Tuesday, October 6, 2015

9:00
Opening Remarks from the Conference Co-Chairs
9:15
Inside The Latest OFAC Enforcement Cases Against Non-U.S. Entities: How U.S. Sanctions Are Being Applied to Canadian Industry
10:30
Networking Break
10:45
How to Reconcile Remaining U.S. Sanctions Against Cuba with Canadian Law – Managing New Risks and Opportunities for Canadian Businesses amid Eased Sanctions
11:45
Keynote Address – Bureau of Industry and Security
12:30
Networking Luncheon for Attendees and Speakers
1:45
Focus on Russia and Ukraine: How to Interpret and Apply Sectoral Sanctions to Your Financial and Export Transactions
3:00
Networking Break
3:15
Russia Sanctions in Practice: Hypothetical Exercises on How to Apply The 50% Rule, Financing Energy Exploration, and Extensions of Credit
4:15
Focus on Screening and Re-Screening – How to Test and Monitor the Effectiveness of Your Global Sanctions Screening, Re-Screening and List Management: What to Do When You Discover a “Hit” and How to Resolve False Positives
5:15
Co-Chairs’ Recap and Conference Adjourns to Day Two

Day 3 - Wednesday, October 7, 2015

9:00
Co-Chairs’ Opening Remarks
9:15
Inside the Most Effective Compliance and Risk Management Programs: Core Elements, Reporting Structure and Internal Controls
10:30
Networking Break
10:45
Iran Sanctions Compliance in Canada: How to Re-Position Your Global Sanctions Compliance Program in Response to Evolving Iranian Sanctions
11:45
Detecting Global Sanctions Risks Posed by M & A, Financing and Underwriting Transactions: How Much Due Diligence and Contractual Protections are Enough to Cover Your Bases
12:45
Networking Luncheon for Attendees and Speakers
2:00
EU Sanctions Compliance Best Practices – The Biggest EU Sanctions Compliance Risks Confronting Industry in Canada
2:45
What to Do When You Suspect or Discover a Potential U.S. or Canadian Sanctions Violation
3:45
Working with Regulators – What to do When OFAC Sends You an Inquiry Letter and Properly Interacting with US Regulators during an Investigation
4:45
Co-Chairs Closing Remarks and End of Conference

Day 1 - Monday, October 5, 2015

9:00
The Fundamentals of Economic Sanctions: What Every Sanctions Professional in Canada Needs to Know About U.S. and Canadian Restrictions and Penalty Risks

Thaddeus R. McBride
Partner
Bass, Berry & Sims PLC (Washington, DC)

Elliot J. Burger
Director, Global Compliance, Legal Counsel
ATS Automation Tooling Systems Inc. (Cambridge, ON)

This interactive working group is designed to provide you with a comprehensive overview of both the U.S. and Canada’s primary sanctions regimes including: Russia/Ukraine, Iran, Syria, Libya, Cuba, Venezuela and Myanmar. This session will also provide a thorough synopsis of SDN lists, Anti-Terrorism, Drug Kingpin, and Cybersecurity sanctions.

During this practical working session, the workshop leaders will discuss core issues related to economic sanctions laws, focus on the “nuts and bolts,” and supply you with a foundation for dealing with day-to-day sanctions compliance issues, including:

  • A primer on the relevant government agencies and laws
  • Elements of the most recent sanctions programs relating to Russia and Ukraine
    • Who is subject to these restrictions
    • What are the principle areas of risk
  • A through guide to the recent and expected changes to Iran and Cuba sanctions
  • Risks associated with narrower sanctions programs relating to Burma, North Korea, Myanmar, and Syria
  • Emerging sanctions issues involving Venezuela and cybersecurity sanctions
  • What are “targeted” sanctions, and how the increase in use of such sanctions create more risk for my business
  • The intersection of economic sanctions and export controls
  • Lessons learned from recent enforcement cases
  • Fundamentals of an economic sanctions program, including making such programs work with other compliance programs relating to international business

Whether you are new to the field of economic sanctions or are a seasoned veteran with substantial experience seeking a comprehensive refresher, you will find this workshop invaluable for getting up to speed and maximizing the benefit of the advanced discussions during the main conference.

​9:00 am to 12:30 pmRegistration Begins at 8:30 am

1:30
Economic Sanctions Compliance Benchmarking: How to Implement the Essential Elements and Internal Controls That Should Be Part of Your Global Program

Barbara D. Linney
Member
Miller & Chevalier Chartered (USA)

Participants of this interactive workshop will receive and exchange best practices for strengthening their global sanctions compliance program. Benefit from this unique opportunity to participate in an in-depth discussion about how other organizations in Canada are addressing unprecedented risk factors. Topics will include:

  • Addressing how foreign sanctions regimes apply to Canadian companies
  • How to determine the appropriate standard of care
  • Best practices for resolving red flags
  • Strategies for maintaining up-to-date sanctions compliance programs
  • Effective testing for your program
  • Companywide compliance training
  • Establishing effective internal self-assessments
  • Incorporating effective internal auditing into your compliance program
  • Appointing the proper compliance official
  • Senior management sanctions accountability
  • Complying with reporting requirements

​1:30 pm to 5:00 pmRegistration Begins at 1:00 pm

Day 2 - Tuesday, October 6, 2015

9:00
Opening Remarks from the Conference Co-Chairs

Jacqueline Shinfield
Partner, Financial Services
Blakes, Cassels & Graydon LLP

G. Stephen Alsace
Senior Director, Sanctions
CIBC (Toronto, ON)

9:15
Inside The Latest OFAC Enforcement Cases Against Non-U.S. Entities: How U.S. Sanctions Are Being Applied to Canadian Industry

Maura Rezendes
Senior Counsel
Allen & Overy LLP (Former Chief, Office of Enforcement, OFAC)

Frank Boudra
Compliance Officer, Sanctions Compliance and Evaluation Division
Office of Foreign Assets Control US Department of the Treasury

Robert Sims
Partner
Latham & Watkins LLP

  • Lessons learned and take aways from recent big U.S. settlements, including BNP Paribas, Schlumberger, Commerzbank, Paypal
  • The trend toward increased coordination across international and domestic government agencies
  • Emerging theories in civil liability – Arab Bank and other pending cases
  • Developing theories of “facilitation”
  • Pros and cons of voluntary disclosures
  • Penalties and prosecution risks for employees and corporate
    officers
  • The role “cooperation” plays in calculating U.S. settlements

10:30
Networking Break
10:45
How to Reconcile Remaining U.S. Sanctions Against Cuba with Canadian Law – Managing New Risks and Opportunities for Canadian Businesses amid Eased Sanctions

Paul D. Burns
Partner
Baker & McKenzie LLP

Satish M. Kini
Partner
Debevoise & Plimpton LLP

  • An overview of Helms Burton and the Canadian “Blocking Statute” and how they apply to your business
  • Understanding key changes to the U.S. Cuban embargo
  • Understanding the implications of removing Cuba from the U.S. State Department’s list of State Sponsor of Terrorism
  • Identifying which activities remain prohibited by the U.S. embargo
  • Compliance challenges that accompany the partial lifting of Cuban sanctions
  • The future of the U.S. Cuban Embargo – which changes require congressional action

11:45
Keynote Address – Bureau of Industry and Security

Matthew Borman
Deputy Assistant Secretary for Export Administration
Bureau of Industry and Security US Department of Commerce

12:30
Networking Luncheon for Attendees and Speakers
1:45
Focus on Russia and Ukraine: How to Interpret and Apply Sectoral Sanctions to Your Financial and Export Transactions

Milos Barutciski
Partner & Co-Chair, International Trade & Investment
Bennett Jones LLP

Frank Boudra
Compliance Officer, Sanctions Compliance and Evaluation Division
Office of Foreign Assets Control US Department of the Treasury

Janet Bolton
Managing Counsel
TD Bank

Erin Crockett
Director Global Trade Compliance
Colfax Corporation

  • Calibrated sanctions and the future of U.S. sanctions policy
  • How Russian sectorial sanctions function in practice
  • “Artic”, “Offshore”, “Shale” – Understanding sectorial sanctions lingo
  • Navigating the complexities of the 50% Rule
  • Debt, equity, and financing: When do the 30-day and 90-day rules apply
  • Development and evolution of US Crimea sanctions

3:00
Networking Break
3:15
Russia Sanctions in Practice: Hypothetical Exercises on How to Apply The 50% Rule, Financing Energy Exploration, and Extensions of Credit

Paula Kadric
Senior Manager, Global Economic Sanctions
Royal Bank of Canada

Jacqueline Shinfield
Partner, Financial Services
Blakes, Cassels & Graydon LLP

This practical panel will take you through case studies on how to deal with the intricacies of Russian and Ukrainian sanctions under Canadian and U.S. law. Expert speakers will take you through 3 complex scenarios and discuss how best to address each of them. Find out:

  • How to figure out 50% ownership when there are multiple minority partners
  • How to determine which, if any, energy exploration rule applies to your transaction
  • Determining if your transaction is subject to extension of credit restrictions

4:15
Focus on Screening and Re-Screening – How to Test and Monitor the Effectiveness of Your Global Sanctions Screening, Re-Screening and List Management: What to Do When You Discover a “Hit” and How to Resolve False Positives

Selena Hui-Garreaud
Director, Export Controls
Bombardier Commercial Aircraft (Montreal, QC)

G. Stephen Alsace
Senior Director, Sanctions
CIBC (Toronto, ON)

Stephanie Zummo-Soucy
International Trade Compliance Specialist
Pratt & Whitney Canada

Marie-Hélène Tardif
Senior Export Controls Specialist
Siemens Canada Limited (Montreal, QC)

  • When to conduct further due diligence with an apparent false positive
  • Resolving issues with conflicting data during due diligence
  • How to handle the lack of reliable publically available information
  • Handling sanctions concerns and data privacy issues
  • Tips for keeping your sanctions screening procedures up to date

5:15
Co-Chairs’ Recap and Conference Adjourns to Day Two

Day 3 - Wednesday, October 7, 2015

9:00
Co-Chairs’ Opening Remarks

Jacqueline Shinfield
Partner, Financial Services
Blakes, Cassels & Graydon LLP

G. Stephen Alsace
Senior Director, Sanctions
CIBC (Toronto, ON)

9:15
Inside the Most Effective Compliance and Risk Management Programs: Core Elements, Reporting Structure and Internal Controls

Vincent DeRose
Partner
Borden, Ladner, Gervais LLP

John M. Hodgens Jr.
AVP, MFC Chief AML Officer and Chief Counsel Global Compliance
Manulife Financial/John Hancock Financial

Brian Wilson
Global Head of Sanctions
UBS

  • How to successfully share staff and resources
  • How to coordinate data collection among financial crime units
  • Timing and delivery of training
  • Using cross controls to mitigate risk – How to meet regulators expectations
  • Making compliance a company-wide function
  • Deciding whether centralized or decentralized compliance programs are better for your organization
  • Establishing effective internal self-assessments and quality control reviews
  • How to keep your compliance program updated with evolving sanctions programs

10:30
Networking Break
10:45
Iran Sanctions Compliance in Canada: How to Re-Position Your Global Sanctions Compliance Program in Response to Evolving Iranian Sanctions

Paul Marquardt
Partner
Cleary Gottlieb Stten & Hamilton LLP

  • The evolution of Iranian sanctions amidst nuclear talks
  • How P5+1 sanctions impact Canadian companies
  • Key differences between US, Canadian, and EU Iranian sanctions
  • What types of business activity have the biggest potential to involve Iran sanctions
  • When and how can a Canadian company legally do business with Iran

11:45
Detecting Global Sanctions Risks Posed by M & A, Financing and Underwriting Transactions: How Much Due Diligence and Contractual Protections are Enough to Cover Your Bases

George Wang
Partner
Partner Simpson Thacher & Bartlett LLP (New York)

Gordon Cameron
Principal
Stikeman Elliott LLP

  • What prospective acquirers should focus on in sanctions due diligence
  • Evaluating red flags during the due diligence process
  • What to do if pre-merger efforts reveal problems
  • Negotiating contractual protections
  • Differences in control transactions versus minority investments
  • Dealing with long-tail obligations
  • Post-closing follow-up: Compliance programs and internal controls in the new entity and addressing post-closing regulatory obligations

12:45
Networking Luncheon for Attendees and Speakers
2:00
EU Sanctions Compliance Best Practices – The Biggest EU Sanctions Compliance Risks Confronting Industry in Canada

Anahita Thoms
Counsel
Freshfields Bruckhaus and Deringer (New York, NY)

  • Understanding key restrictions with EU sanctions policy
  • How far do EU sanctions reach? Who has to comply?
  • The effect of German Anti-Blocking Laws on Canada and the U.S
  • Updates on enforcement by EU agencies
  • Best practices for integrating EU sanctions into your compliance program

2:45
What to Do When You Suspect or Discover a Potential U.S. or Canadian Sanctions Violation

Alex Lakatos
Partner
Mayer Brown LLP

Jean-Marc Clement
Counsel, Head of Customs and International Trade Consulting
BCF Business Law

  • When is an internal investigation necessary?
  • Scoping the investigation
    • Topics to be addressed
    • What team members should be involved
    • Work product to be generated (e.g., oral report, written report, other)
    • Who should receive the report?
  • Protecting privilege during the investigation
  • Preventing data loss
    • Documents and electronic data
    • Personnel turn over
  • Investigative methods: Electronic data and interviews
  • Issues in cross border sanctions-related investigations: Data privacy, blocking statutes, and managing multiple regulators and regimes
  • Remedial efforts
    • New policies, new procedures, new training?
    • Disciplinary actions?
  • Should you self-report the violation to the regulator?
    • How soon should you do so?
    • Pros/cons of self-reporting
    • Case specific considerations (e.g., severity of violation, penalty history, what government already knows).
    • Having a policy vs. ad hoc determinations

3:45
Working with Regulators – What to do When OFAC Sends You an Inquiry Letter and Properly Interacting with US Regulators during an Investigation

Jamie Boucher
Partner
Skadden (USA)

John M. Hodgens Jr.
AVP, MFC Chief AML Officer and Chief Counsel Global Compliance
Manulife Financial/John Hancock Financial

  • Which sanctions violations are most likely to prompt U.S. enforcement?
  • What types of penalties can result from regulatory investigations?
  • When is handling a sanctions violation internally an option?

4:45
Co-Chairs Closing Remarks and End of Conference