Co-Chairs’ Opening Remarks

EAR Roadmap: A Review of Key Agencies, Their Jurisdictions and Roles – and Who to Contact with Your Questions

During this practical, opening session, our Co-Chairs will review key agencies, their roles, as well as tips for how to contact the agencies and leverage online resources for keeping current.

CONQUERING THE CCL POST-REFORM

The Latest, Best Practices for Updating Your Self-Classification Approach – and How Exporters are Classifying Under the “Specially Designed” Framework

Best practices for navigating CCL categories, product groups and series

• Military items controlled under the EAR and the 600 Series
• Determining the ECCN for your product
  • Questions to ask when classifying new technologies and conducting market and IT functionality analyses
  • When to contact the manufacturer, producer or developer
  • Determining the appropriate CCL Categoryand Group
  • How to apply the “specially designed” criteria in the CCL
  • How to match specific characteristics of your item to an ECCN
• What to do once you obtain your ECCN, and how to determine if an export license is required
• What do you do if no ECCN fits your product?
• When and how to submit a commodity classification request (CCATS) to BIS
• Tips and tricks for self-determining items as “specially designed” and understanding exemptions
• How to successfully “catch” and “release” – navigating paragraph (a) and (b)
• The most common pitfalls in the new “catch” and “release” process
• Documentation and appropriate record keeping to support your determination

NETWORKING BREAK

THE DOS AND DON’TS OF SECURING AN EAR LICENSE

Inside the License Application Process in Real Life – and Special Considerations for the 600 Series, License Amendments, and Re- Export Licenses

• Form BIS-748P and the SNAP-R system
• Export Control Reform transition rules affecting EAR licensing
• 600 Series licensing and challenges
• How to draft effective license applications
  • BIS requirements and expectations
  • Supplemental information required
  • Developing data sheets, end-user statements and cover letters
• Preparing supporting documentation
• The approvals process, expected timeline and how to reduce the risk of delay
• Requests for additional information
• How are licensing determinations made by BIS?
• What triggers a Return without Action (RWA)?
• Accepting and implementing conditions
• Process for amending a license
• Re-export licenses and obligations for foreign parties

LUNCH

SPECIAL FOCUS – DISSECTING THE 600 SERIES

How to Apply Requirements for Classification, Recordkeeping, and Exemptions

• What are the key differences between the treatment of ITAR items and 600 Series ECCNs?
• What are the key requirements for classification of 600 Series items?
• What recordkeeping is necessary throughout the product development of a 600 Series item?
• Which exceptions can apply?

CLOUD COMPUTING

Practical Tips for Cloud Users and Providers on How to Interpret BIS Definitions and Guidance

• Who is an “exporter” in a cloud environment?
• What are some of the practical questions being asked by cloud users amid the BIS interpretive rulings?
• Vetting prospective service providers: understanding who is hosting and managing your cloud environment
• The most common pitfalls regarding “export” and “exporter” definitions
• The lengths and limits of EAR exclusions for certain activities in the cloud

NETWORKING BREAK

EVOLVING ECONOMIC SANCTIONS IMPACT YOUR EXPORT OPERATIONS

How to Incorporate BIS and OFAC Sanctions into Your Global Export Compliance Program

• Review of current sanctions restrictions and how that has affected export protocols for industry
• What are anticipated U.S. and foreign economic sanctions developments for 2018 and beyond?
• How changing U.S. Treasury regulations and sanctions impact your compliance with the EAR
• How to meet all U.S. government agency compliance expectations, due diligence, and protecting your organization

DEEMED EXPORTS

Hypothetical Scenarios: Does It Satisfy Deemed Export Requirements Under 734.13(b) of the EAR?

• Key definitions including “deemed export”, “re-export” and “foreign national”
• When is a BIS license required for a foreign national?
• Practical tips for interpreting deemed export rules
• Minimizing the risk of sharing controlled technical data with suppliers, customers, and business partners.
• TCP and Cloud considerations for deemed export applications

End of EAR Boot Camp Day One

Co-Chairs’ Opening Remarks

BENCHMARKING SESSION

The Changes that Exporters are Making to Fine Tune their Global Export Compliance Programs

• What are the core elements of an effective export management and compliance program?
• Concrete examples of the changes that exporters are making to stay compliant in 2018 and beyond
• How exporters are upgrading their tracking of classification and re-classification
• Designing internal training programs for your company – training sales, HR, procurement, contracts, accounting, and more to foster compliance awareness

HYPOTHETICAL EXERCISES

The Most Common Pain Points When Applying EAR Licensing Exceptions: STA, LVS, RPL, TSR, and More

• Key exemptions and their scope of application: STA, TSR, TSU, RPL, GOV, Repairs, TMP, LVS
• License exemptions for the export of 600 Series items
• When 600 series items will and will NOT qualify for the STA exception
• How to avoid costly mistakes when utilizing EAR Licensing Exemptions

NETWORKING BREAK

KNOW YOUR SUPPLY CHAIN

Managing the Practical Impact of Re-Classification on Your Supply Chain—How to Identify and Resolve EAR Risks Posed by Third Party Relationships

• Key EAR requirements for third parties throughout the supply chain – and what re-classification means to your supply chain and partners
• Where does my responsibility for export compliance within my supply chain begin and end?
• What are the most important risk areas to consider when screening, vetting, and choosing suppliers?
• How can companies identify and resolve third party risks early on?

NETWORKING LUNCHEON

How to Know if You Need to Sound the Alarm: The Top Ten Red Flags that Can Trigger an Internal Investigation and Voluntary Disclosure

• Overview of the top red flags and irregularities that indicate an internal investigation needs to be conducted
• Developing an investigative plan, and determining internal and external team members
• Documentation collection and review processes inherent to an internal investigation
• Factors to consider for a global organization with multi-national offices and operations
• How does BIS assess voluntary disclosures and what are the key factors in their penalty assessments?

WHAT DOES ENFORCEMENT “LOOK LIKE” IN REAL LIFE?

Key Takeaways from Recent Enforcement Actions and Lessons Learned

Check website for speaker updates.

• How do enforcement agencies work together to enforce the EAR?
• What kinds of EAR violations trigger an enforcement response?
• How has ECR affected enforcement plans and priorities?
• What pushes a case from warning letter to a penalty – and what can lead to criminal prosecution
• What can mitigate versus increase your company’s exposure?
• How do you handle law enforcement requests for help in the investigation of a third party?

Five More Takeaways for Your Work

To conclude the EAR Boot Camp, our faculty will provide the five last takeaways to bring back to your business. Don’t miss this concluding session to gain important compliance tips by industry and outside counsel!

EAR Boot Camp Concludes