ITAR BOOT CAMP
Colin P. Donahue
Technology Controls Manager Strategic Export Control Americas
Rolls-Royce North America (Indianapolis, IN)
Jon R. Schwank
Sr. Manager, Technology Management Central ITC – Operational Excellence
UTC Aerospace Systems (Charlotte, NC)
- 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?
- 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
- 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
- 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
- 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
- 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
- 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
- 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