Day 1 - Tuesday, June 5, 2018

8:30
Co-Chairs’ Opening Remarks
8:45
EAR Roadmap: A Review of Key Agencies, Their Jurisdictions and Roles – and Who to Contact with Your Questions
9:15

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
10:45
NETWORKING BREAK
11:00

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
12:00
LUNCH
1:15

SPECIAL FOCUS – DISSECTING THE 600 SERIES

How to Apply Requirements for Classification, Recordkeeping, and Exemptions
2:15

CLOUD COMPUTING

Practical Tips for Cloud Users and Providers on How to Interpret BIS Definitions and Guidance
3:00
NETWORKING BREAK
3:15

EVOLVING ECONOMIC SANCTIONS IMPACT YOUR EXPORT OPERATIONS

How to Incorporate BIS and OFAC Sanctions into Your Global Export Compliance Program
4:15

DEEMED EXPORTS

Hypothetical Scenarios: Does It Satisfy Deemed Export Requirements Under 734.13(b) of the EAR?
5:00
End of EAR Boot Camp Day One

Day 2 - Wednesday, June 6, 2018

8:55
Co-Chairs’ Opening Remarks
9:00

BENCHMARKING SESSION

The Changes that Exporters are Making to Fine Tune their Global Export Compliance Programs
10:00

HYPOTHETICAL EXERCISES

The Most Common Pain Points When Applying EAR Licensing Exceptions: STA, LVS, RPL, TSR, and More
11:00
NETWORKING BREAK
11:15

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
12:15
NETWORKING LUNCHEON
1:30
How to Know if You Need to Sound the Alarm: The Top Ten Red Flags that Can Trigger an Internal Investigation and Voluntary Disclosure
2:30

WHAT DOES ENFORCEMENT “LOOK LIKE” IN REAL LIFE?

Key Takeaways from Recent Enforcement Actions and Lessons Learned
3:30
Five More Takeaways for Your Work
4:15
EAR Boot Camp Concludes

Post-Conference Workshop

ITAR BOOT CAMP

Jun 7, 2018 12:00am – 

Speakers

David Martell
Director, Global Trade Compliance
Oshkosh Corporation (Oshkosh, WI)

Susan M.C. Kovarovics
Partner
Bryan Cave LLP (Washington, DC)

Nicole Aandahl
Counsel
Raytheon (Arlington, VA)

John Barker
Partner
Arnold & Porter LLP (Washington, DC)

Colin P. Donahue
Technology Controls Manager Strategic Export Control Americas
Rolls-Royce North America (Indianapolis, IN)

Brian Egan
Partner
Steptoe & Johnson LLP

Jon R. Schwank
Sr. Manager, Technology Management Central ITC – Operational Excellence
UTC Aerospace Systems (Charlotte, NC)

Olga Torres
Managing Member
Torres Law (Dallas, TX)

Brian R. Emmet
Director – Export Licensing & Policy
Lockheed Martin (Littleton, CO)

Joshua L. Richter
Sr. Director, Trade Compliance
Leonardo DRS (Washington, DC)

Kimberly Strosnider
Partner
Covington & Burling (Washington D.C.)

Tricia Heller
IP & Regulatory Compliance Director
Magpul Industries Corp (Denver, CO)

Steven Pelak
Partner
Holland & Hart (Washington, DC)

Jeffrey Orenstein
Attorney
Reed Smith LLP

Day 1 - Tuesday, June 5, 2018

8:30
Co-Chairs’ Opening Remarks

Pierre LaMere
Trade Compliance Manager
3M Company (Minneapolis, MN)

Melissa Duffy
Partner
Dechert LLP

8:45
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.

9:15

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

Barbara Dudas
Manager, International Trade Compliance – Mission Systems
Northrop Grumman Corporation (Chicago, IL)

Arthur Ward
Regulatory Compliance Officer
Cartridge Actuated Devices, Inc (New York, NY)

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

10:45
NETWORKING BREAK
11:00

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

Senior Licensing Officer *
Bureau of Industry and Security
U.S. Department of Commerce (Washington, DC)

Joseph A. Murray
Director, Global Compliance Corporate Compliance | Legal Dept.
Spirit AeroSystems, Inc (Wichita, KS)

Nate Bolin
Partner
Drinker Biddle & Reath LLP (Washington, DC)

  • 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

12:00
LUNCH
1:15

SPECIAL FOCUS – DISSECTING THE 600 SERIES

How to Apply Requirements for Classification, Recordkeeping, and Exemptions

Laurie Brunke
Manager International Trade & Empowered Official
Robert Bosch LLC (Greeneville, SC)

Thomas McKelvey
Trade Compliance Manager
Umicore Optical Materials USA (Raleigh, NC)

Melissa Duffy
Partner
Dechert LLP

  • 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?

2:15

CLOUD COMPUTING

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

Julie Gibbs
Director
BPE Global (San Francisco, CA)

Barbara Dudas
Manager, International Trade Compliance – Mission Systems
Northrop Grumman Corporation (Chicago, IL)

  • 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

3:00
NETWORKING BREAK
3:15

EVOLVING ECONOMIC SANCTIONS IMPACT YOUR EXPORT OPERATIONS

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

Arthur Ward
Regulatory Compliance Officer
Cartridge Actuated Devices, Inc (New York, NY)

Lawrence Ward
Partner
Dorsey & Whitney LLP (Seattle, WA)

  • 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

4:15

DEEMED EXPORTS

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

Gregory Husisian
Partner
Foley & Lardner LLP (Washington, DC)

Pierre LaMere
Trade Compliance Manager
3M Company (Minneapolis, MN)

  • 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

5:00
End of EAR Boot Camp Day One

Day 2 - Wednesday, June 6, 2018

8:55
Co-Chairs’ Opening Remarks
9:00

BENCHMARKING SESSION

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

Pierre LaMere
Trade Compliance Manager
3M Company (Minneapolis, MN)

Debbie Shaffer
Empowered Official Global Trade Compliance
L3 Communications (Greenville, TX)

  • 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

10:00

HYPOTHETICAL EXERCISES

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

D. Grayson Yeargin
Partner
Jones Day (Washington, DC)

  • 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

11:00
NETWORKING BREAK
11:15

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

Steve Lita
Expertise Manager
ASML US, Inc. (Chandler, AZ)

Melissa Duffy
Partner
Dechert LLP

  • 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?

12:15
NETWORKING LUNCHEON
1:30
How to Know if You Need to Sound the Alarm: The Top Ten Red Flags that Can Trigger an Internal Investigation and Voluntary Disclosure

Kevin Wilkens
Senior Director Transportation and Logistics
MSC Industrial Supply Co (Davidson, NC)

Andrew K. McAllister
Attorney
Holland & Knight LLP (Washington, DC)

  • 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?

2:30

WHAT DOES ENFORCEMENT “LOOK LIKE” IN REAL LIFE?

Key Takeaways from Recent Enforcement Actions and Lessons Learned

Elsa Manzanares
Partner International Trade and Customs
Akerman LLP (Dallas, TX)

Dan Clutch
Special Agent-in-Charge Office of Export Enforcement, Chicago Field Office Bureau of Industry and Security
U.S. Department of Commerce

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?

3:30
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!

4:15
EAR Boot Camp Concludes

ITAR BOOT CAMP

Jun 7, 2018 12:00am – 

David Martell
Director, Global Trade Compliance
Oshkosh Corporation (Oshkosh, WI)

Susan M.C. Kovarovics
Partner
Bryan Cave LLP (Washington, DC)

Nicole Aandahl
Counsel
Raytheon (Arlington, VA)

John Barker
Partner
Arnold & Porter LLP (Washington, DC)

Colin P. Donahue
Technology Controls Manager Strategic Export Control Americas
Rolls-Royce North America (Indianapolis, IN)

Brian Egan
Partner
Steptoe & Johnson LLP

Jon R. Schwank
Sr. Manager, Technology Management Central ITC – Operational Excellence
UTC Aerospace Systems (Charlotte, NC)

Olga Torres
Managing Member
Torres Law (Dallas, TX)

Brian R. Emmet
Director – Export Licensing & Policy
Lockheed Martin (Littleton, CO)

Joshua L. Richter
Sr. Director, Trade Compliance
Leonardo DRS (Washington, DC)

Kimberly Strosnider
Partner
Covington & Burling (Washington D.C.)

Tricia Heller
IP & Regulatory Compliance Director
Magpul Industries Corp (Denver, CO)

Steven Pelak
Partner
Holland & Hart (Washington, DC)

Jeffrey Orenstein
Attorney
Reed Smith LLP

What is it about?

8:15
Co-Chairs’ Opening Remarks
 
David Martell Director, Global Trade Compliance Oshkosh Corporation (Oshkosh, WI) Susan Kovarovics Partner Bryan Cave (Washington, DC)
 
8:30
ITAR Roadmap: Who Does What, Who to Call, When and How to Build Relationships
 
As a primer for the day ahead, our Co-Chairs will review key agencies for ITAR-controlled goods, their roles, and key tips for maintaining constructive relationships with the government. Learn from the experts on how to leverage online resources to keep current.
 
8:50
USML Classification Post-Reform: How to Update Your Classification/Re-Classification Approach – and the Most Common Pitfalls Impacting Commodity Jurisdiction
 
Nicole Aandahl Counsel Raytheon (Arlington, VA) John Barker Partner Arnold & Porter (Washington, DC)
  • The most important commodity jurisdiction factors when determining if your item is ITAR-controlled
  • How are companies updating their classification and re-classification approaches to account for new and proposed DDTC and DTSA guidelines?
  • What do ITAR-applications to commercial and dual-use items “look like”?
  • When do foreign commercial products and technology become ITAR-controlled?
  • What is the effect of re-classification on suppliers? How can you mitigate them?
 
9:40
The Most Common Misunderstandings About the “Specially Designed” Definition: Where Exporters Have Gone Right and Wrong in Determining ITAR Jurisdiction
 
David Martell Director, Global Trade Compliance Oshkosh Corporation (Oshkosh, WI) Susan Kovarovics Partner Bryan Cave (Washington, DC) Brian J. Egan Partner Steptoe & Johnson LLP (Washington, DC)
  • What is the “specially designed or modified” reach of the ITAR?
  • What are the qualifiers for a “specially designed” designation?
  • A review of the most common mistakes by industry when making this determination
  • Walk through the do’s and don’ts for selfclassifying items as “specially designed”
  • How to ensure adequate documentation to support your position
  • Hypothetical exercises and case studies
 
10:30
NETWORKING BREAK
   
10:45
HYPOTHETICAL EXERCISES Working through the Classification of “Defense Articles”, “Technical Data” and “Defense Services”: Key Pitfalls and Lessons Learned
 
Jon R. Schwank Sr. Manager, Technology Management Central ITC – Operational Excellence UTC Aerospace Systems (Charlotte, NC) Olga Torres Managing Member Torres Law (Dallas, TX)
  • When are defense articles, technical data, and defense services ITAR-controlled?
  • How original design intent, government funding, specifications, underlying technology, and intended market, can affect jurisdiction
  • Definition of technical data and defense services
    • ITAR’s see through rule
    • Common examples of defense services and pitfalls to avoid
    • Definition of public domain
    • Integrating commercial and defense technologies
 
11:30
EXPORT CONTROL REFORM BENCHMARKING SESSION How Companies Have Migrated to the EAR Post-Reform – and Special Considerations for Goods and Technologies Still Controlled by the ITAR
 
David Martell Director, Global Trade Compliance Oshkosh Corporation (Oshkosh, WI) Colin P. Donahue Technology Controls Manager Strategic Export Control Americas Rolls-Royce North America (Indianapolis, IN)
  • What does migration look like for previously ITAR-controlled companies?
  • What should be considered for goods that are still ITAR-controlled
  • How have compliance, recordkeeping, and supplier relationships changed in practice?
  • What are the lessons learned along the way?
  • Considerations for classification of sensitive technologies that are not on the USML
 
12:15
NETWORKING LUNCHEON  
 
1:30
MOCK LICENSE APPLICATION How to Secure an ITAR License, TAA and MLA, and Utilize Exemptions: A Deep Dive into the Electronic Filing Processes, and Avoiding RWAs
 
Brian Emmet Director – Export Licensing & Policy Lockheed Martin (Littleton, CO) Susan Kovarovics Partner Bryan Cave (Washington, DC)
  • Overview of the different types of ITAR licenses, what is required, the timeline, and how to reduce the risk of delay
  • What are the most common issues industry can run into when securing an ITAR license and utilizing exemptions?
  • Mock License Applications – Nuts and bolts of how to prepare a license application, TAA and MLA
  • What are DDTC’s expectations for a full license application?
  • Most common reasons for RWAs and license denials, and how to prevent them
   
2:30
FOREIGN, DUAL AND THIRD COUNTRY NATIONAL RULES AND REGULATIONS IN PRACTICE Checking All the Required Boxes to Manage Foreign Employee Access in the Cloud, on Email Servers, and Other Technology
 
Joshua Richter Sr. Director, Trade Compliance Leonardo DRS (Washington, DC) Jeffrey Orenstein Attorney Reed Smith LLP
  • What are the differences between “foreign national”, “dual national”, “third country national”
  • Controlling foreign nationals’ access to ITARcontrolled data: when a password, absolute lockdown and/or email controls are required
  • Managing access risks posed by offshore IT support, cloud computing and e-rooms for electronic communication
  • Protecting US origin data on laptops and servers
  • Managing email transfers of technical data: tracking and marking sensitive communications and designating communication
  • Protecting hardware and servers: when to create separate servers for controlled information and/or partition drives
 
3:15
NETWORKING BREAK
 
3:30
BROKERING RULES DEMYSTIFIED “Broker” and “Brokering”: What is Now Required for Screening and Monitoring
 
Kimberly Strosnider Partner Covington & Burling LLP (Washington, DC)
  • Review of the current requirements and how they impact industry
  • What activities constitute “brokering”? Who is considered a “broker”?
  • Application to foreign persons otherwise subject to U.S. jurisdiction
  • When and how to get ITAR license approvals for brokers and meet reporting requirements
  • Satisfying “prior notification” requirements and exemptions for large exporters and SMEs
  • Best practices for broker agreements and activities
  • Monitoring compliance by agents and representatives
 
4:15  
ITAR ENFORCEMENT ON THE GROUND Real-World Case Studies on What Can Happen During an ITAR Investigation  
 
Tricia Heller IP & Regulatory Compliance Director Magpul Industries Corp (Denver, CO) Triplett Mackintosh Partner Holland & Hart (Denver, CO)
  • Impact of export control reform on enforcement plans, priorities and penalties amounts
  • What pushes a case from a warning letter to a penalty, and what can lead to a criminal persecution
  • What are the steps to mitigate your company’s exposure?
  • Top mistakes that companies make that can increase their exposure
 
5:00
ITAR Boot Camp Concludes