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

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