Day 1 - Monday, April 24, 2017

8:30
Opening Remarks from Conference Co-Chairs
8:40
Roundtable Discussion on the Trump Administration and Sanctions: First Three Months in Review
9:40
Extended Panel on Iran and Russia: What is Currently Permissible under Both US and EU Regimes, and Strategies for Minimizing Risks as the US Weighs the Future of JCPOA
11:00
Networking Break
11:20
Economic Sanctions Year in Review: Agencies Speak on Enforcement and Regulatory Priorities
12:10
Moot Court on the 50% Rule and How to Interpret Ownership and Control
1:00
Networking Lunch
2:30
Keynote Address
2:50
6:00
Cocktail Reception Sponsored by: Willkie Farr

Day 2 - Tuesday, April 25, 2017

8:25
Opening Remarks from Co-Chairs
8:30
Regulators’ Townhall Q&A: Your Chance to Ask Questions to OFAC, BIS and the DOJ on Main Issues Affecting Industry
9:20
Interactive Debate on the Value of Voluntary Self- Disclosures (VSDs): How to Best Co-Operate with the Regulators and How to Weigh VSD Value Further to Recent DOJ Guidance
10:10
Networking Break
10:30
The Most Common Mistakes that Companies Make when Conducting Investigations into Sanctions Violations
11:20
Recent Developments in EU & UK Sanctions and Enforcement and Exploring the Differences in Risk Management and Compliance
12:20
How to Achieve Company-Wide Risk Management Excellence: Integrating Sanctions Compliance Controls with AML Compliance
1:00
Networking Lunch
2:20
Where Financial Services Providers and Issuers are at their Most Vulnerable: Focus and Priorities of Non-OFAC Enforcement and What the BIS and SEC are Looking For
3:20
Cuba Update: What is Actually Feasible in Reality for US Companies and What Has Changed with the New Administration
4:00
Networking Break
4:20
Cyber, Counternarcotic/Kingpin Act and other Sanctioned Geographies: Status Update on other OFAC Jurisdictional Programs
5:00
Demystifying “Facilitation”: Test Your Knowledge with Practical Scenarios of What Is Permitted
5:40
Closing Remarks and Main Conference Ends

Post-Conference Workshops

ElitePass Workshop Bundle B + C

Apr 26, 2017 9:00am – 5:00pm

ElitePass Workshop Bundle A + C

Apr 26, 2017 9:00am – 5:00pm

Workshop B | Economic Sanctions Compliance Officer Executive Roundtable

Apr 26, 2017 9:00am – 12:30pm

Speakers

Michaela Arndt
Head, Sanctions Compliance, Americas and Group Head, US Sanctions
Standard Chartered (Newark, NJ)

Julia Court Ryan
Assistant General Counsel and Head of Trade Compliance
Varian Medical Systems (Palo Alto, CA)

Workshop A | Coordinating your Approach to OFAC, New York State and EU Sanctions Programs: Everything You Need To Know about the Latest Restrictions, Permitted Activities and Common Mistakes

Apr 26, 2017 9:00am – 12:30pm

Speakers

Jeffrey Schwartz
Senior Global Trade Counsel
Hewlett Packard Enterprise (Herndon, VA)

Barbara D. Linney
Member
Miller & Chevalier Chartered (Washington, DC)

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

Workshop C | The Critical Elements that Should Be Part of Every Comprehensive Sanctions Compliance and Screening Program

Apr 26, 2017 1:30pm – 5:00pm

Speakers

Ronald Meltzer
Partner
WilmerHale (Washington, DC)

Amy Ross
Manager, Legal Affairs
Red Hat, Inc. (Raleigh, NC)

Ronald Vega
Director, North America Trade Compliance
Dell (Round Rock, TX)

Day 1 - Monday, April 24, 2017

8:30
Opening Remarks from Conference Co-Chairs

Howard R. Fields
SVP/Group Head – AML, Trade Sanctions and Export Controls Compliance Counsel
MasterCard (New York, NY)

Beth Peters
Partner
Hogan Lovells LLP (Washington, DC)

8:40
Roundtable Discussion on the Trump Administration and Sanctions: First Three Months in Review

Sandra Oudkirk
Acting Deputy Assistant Secretary, Counter Threat Finance and Sanctions, Bureau of Economic and Business Affairs
US Department of State (Washington, DC)

Margaret Taylor
Chief Democratic Counsel
Senate Foreign Relations Committee (Washington, DC)

Jonathan R. Thomas
Co-Head, Government Sanctions Group
Goldman, Sachs & Co. (New York, NY)

Brian Grant
Director, Global Sanctions & Anti-Bribery and Corruption Compliance
Citi (Washington, DC)

Panel Moderator:

Kenneth Rivlin
Partner
Allen & Overy LLP (New York, NY)

There is a great deal of uncertainty within the Sanctions Community following the election in November and the change of direction the new Administration is taking. Three months into the inauguration of Donald Trump as the 45th President in the United States, this panel will seek to dissect and analyze the policy changes and announcements that have occurred thus far and what they might mean for sanctions compliance and enforcement in the over the next four years. This will include a detailed look at how Sanctions programs are put into place (and lifted) on Capitol Hill and will ask what will (or will not) be possible for the new President and his administration in respect of changing to the various programs. Some of the topics likely to be addressed include the following; however, this list is likely to be updated as we move closer to the conference, so check online for the latest developments:

  • Will the Russia-related sanctions be repealed or will Congress be able to bind them? What does the February 2017 ‘limited exceptions’ for exporters mean in practice?
  • Iran: how feasible is it to re-impose? To what extent can and will the Administration slow them down?
  • Will Obama’s Executive Order on Sudan be repealed?
  • What does Trump’s “business first” principles mean for Cuba? Will there be pressure on the island to give more if there is to be further liberalization?
  • How will Europe react and what a increasingly divergent US/EU paradigm mean for your business

9:40
Extended Panel on Iran and Russia: What is Currently Permissible under Both US and EU Regimes, and Strategies for Minimizing Risks as the US Weighs the Future of JCPOA

Tarek Fahmy
Deputy Director, Office of Sanctions Policy and Implementation
U.S. Department of State (Washington, DC)

Frederick Shaheen
Chief Counsel, Global Trade
The Boeing Company (Great Falls, VA)

Chad Thompson
Lead Counsel, GM Office of Export Compliance
General Motors (Detroit, MI)

Brian O’Toole
Senior Advisor to the Director, OFAC
U.S. Department of the Treasury (Washington, DC)

Panel Moderator:

Amanda De Busk
Partner
Hughes Hubbard & Reed LLP (Washington, DC)

  • Is the Iran program is working as planned?
    • FDI into Iran: how does financing actually occur under the program
    • How are companies navigating due diligence, eg. how do you decide if there is an IRGC connection?
    • Are US companies able to effectively use General License H?
    • Foreign subsidiaries of US Companies: what authorizations actually allow them to do and why is there so much confusion?
  • Russia analysis:
    • What are the compliance challenges in administering sectoral sanctions?
    • What issues do US companies with operations in Russia actually face?
    • To what extent are the US and EU in sync and challenges and pitfalls of navigating both programs

11:00
Networking Break
11:20
Economic Sanctions Year in Review: Agencies Speak on Enforcement and Regulatory Priorities

Moderator

Howard R. Fields
SVP/Group Head – AML, Trade Sanctions and Export Controls Compliance Counsel
MasterCard (New York, NY)

Speakers

Michael Dondarski
Chief, Regulated Industries Oversight & Evaluation Office of Foreign Assets Control
U.S. Department of Treasury (Washington, DC)

David Laufman
Chief, Counterintelligence and Export Control Section National Security Division
U.S. Department of Justice (Washington, DC)

Douglas R. Hassebrock
Director of the Office of Export Enforcement, BIS
U.S. Department of Commerce (Washington, DC)

This is your chance to hear Senior Government Officials from OFAC as well as the US Departments of Justice and Commerce review the past year’s major enforcement priorities and sanctions program changes, and offer their insights into the coming year.  

  • Gain insight on lessons learned from actions agencies have taken
  • Learn how best to co-operate with agencies, including on Voluntary Self-Disclosures
  • Find out how cases are built and how agencies co-ordinate with each other
  • How are agencies are going to continue to enforce Iran-related violations and what you need to know to avoid common pitfalls
  • Navigating the changes that have taken place in the main OFAC programs

12:10
Moot Court on the 50% Rule and How to Interpret Ownership and Control

William M. McGlone
Partner
Latham & Watkins LLP (Washington, DC)

Daniel B. Pickard
Partner
Wiley Rein LLP (Washington, DC)

Jeremy Zucker
Partner
Dechert LLP (Washington, DC)

Brand new for the Advanced Forum on Economic Sanctions, ACI’s unique Moot Court format addresses one of the biggest sources of contention for Sanctions practitioners: how to apply OFAC’s 50% rule and the wider issue of determining ownership and control. The Moot Court will hear three separate imagined cases that illustrate the issues and pitfalls on this topic, with leading members of the Sanctions bar taking on opposing arguments before ACI’s Moot Court Judge. The audience will have the opportunity to play the role of “jury”, with polling taken on voting devices at the end of each imagined scenario.   Scenarios to include:

  • A U.S. company is seeking to form a joint venture in Russia with an entity that is owned by a consortium of privately-owned investment firms, which are unwilling to share information on the identities of their beneficial owners and their relative ownership interests
  • A French subsidiary of a U.S. company is seeking to sell products to a BVI-incorporated entity operating in Malta, which information in the public domain suggests is 49 percent owned by an Iranian entity on OFAC’s SDN list and 51 percent owned by two individual Iranian national investors, one of whom resides in Iran, the other of whom resides in Malta and plays the role of Managing Director for the company
  • A Russian entity seeking to invest in real estate in the United States is 40 percent owned by an entity on the Sectoral Sanctions Identifications list, 40 percent owned by an entity on the SDN list, and 20 percent owned by the daughter of an individual on the SDN list

1:00
Networking Lunch

Special Interest Group (“SIG”) Lunches for

  • Technology & Telecoms
  • Extractive Industries
  • Consumer & Manufactured Goods
  • Financial Services
  ACI is pleased to announce the launch of SIG Lunches to the 2017 Sanctions program. During the lunch break participants from each selected industry will have the opportunity for structured networking and benchmarking with their peers. Tables will be reserved for each SIG to facilitate networking and maximize your opportunity for meaningful discussions. Interested participants can sign up for these special SIG Lunches. Attendance at the SIG Lunches is free of charge for conference attendees.

2:30
Keynote Address

Andrea Gacki
Deputy Director, and Associate Director for Compliance and Enforcement, OFAC
U.S. Department of the Treasury (Washington, DC)

2:50
6:00
Cocktail Reception Sponsored by: Willkie Farr

Day 2 - Tuesday, April 25, 2017

8:25
Opening Remarks from Co-Chairs
8:30
Regulators’ Townhall Q&A: Your Chance to Ask Questions to OFAC, BIS and the DOJ on Main Issues Affecting Industry

Speakers:

Matthew Borman
Deputy Assistant Secretary for Export Administration
Bureau of Industry and Security US Department of Commerce (Washington, DC)

David Laufman
Chief, Counterintelligence and Export Control Section National Security Division
U.S. Department of Justice (Washington, DC)

Daniel Fried
Coordinator for Sanctions Policy (2013-2017)
US Department of State (Washington, DC)

Mike Mosier
Acting Deputy Director, OFAC; Associate Director,
U.S. Department of Treasury

Moderator:

Beth Peters
Partner
Hogan Lovells LLP (Washington, DC)

Speakers will answer questions and comments from the audience in a moderated discussion. Participants will be contacted in advance of the event to suggest comments and questions for discussion, and there will also be time reserved for live audience Q&A. Questions can be submitted in advance of the conference to [email protected]

9:20
Interactive Debate on the Value of Voluntary Self- Disclosures (VSDs): How to Best Co-Operate with the Regulators and How to Weigh VSD Value Further to Recent DOJ Guidance

Michaela Arndt
Head, Sanctions Compliance, Americas and Group Head, US Sanctions
Standard Chartered (Newark, NJ)

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

Ryan Fayhee
Partner
Baker & McKenzie (Washington, DC)

  • What does the DOJ do in the context of the FCPA, and how does this compare with the National Security Division’s “For Export” Controls and Sanctions Compliance? What lessons can be drawn from this when analyzing OFAC’s enforcement guidelines?
  • Debate on the role and significance of the Yates memo: what actually is the policy and its implications for VSDs
  • What are the implications of dual disclosure requirements (Administrative/Civil authorities vs DOJ)? Does this have a bearing on the value of undertaking a VSD?

10:10
Networking Break
10:30
The Most Common Mistakes that Companies Make when Conducting Investigations into Sanctions Violations

Molly Miller
Senior Director, Economic Sanctions and Trade Controls
Capital One (New York, NY)

Judith Lee
Partner
Gibson Dunn (Washington, DC)

Wendy Wysong
Partner
Clifford Chance (Washington, DC)

  • What are the implications of not properly protecting your internal investigation with attorney-client privilege?
  • How mistakes in defining the scope in the investigation in the beginning (too broad vs too narrow) can lead to problems down the line
  • Lessons learned from recent enforcement actions: how not to repeat the same mistakes

11:20
Recent Developments in EU & UK Sanctions and Enforcement and Exploring the Differences in Risk Management and Compliance

Anna Bradshaw
Of Counsel
Peters & Peters LLP (London, UK)

Matthew Townsend
Partner
Allen & Overy LLP (London, UK)

Greta Lichtenbaum
Partner
O’Melveny & Myers LLP (Washington, DC)

  • Iran, Russia and Cuba: what are the major differences between the US and EU programs with respect to the ‘big three’ sanctioned jurisdictions
  • How enforcement authorities work in the EU and what the differing approach means for multinational compliance solutions?
  • How are European authorities likely to react to changes across the Atlantic if the Trump administration takes a new direction with respect to sanctions?
  • What consequences does Brexit have for the UK’s sanctions programs and what direction is the newly established Office of Financial Sanctions Implementation (OFSI) at the UK Treasury likely to go on enforcement?
  • What have been recent legal developments and litigation relating to EU and UK sanctions?

12:20
How to Achieve Company-Wide Risk Management Excellence: Integrating Sanctions Compliance Controls with AML Compliance

Daniel Chapman
Vice President, Chief Ethics and Compliance Officer
VEON (Amsterdam, Netherlands)

Ann Broeker
ITC & Economic Sanctions Compliance Leader
GE Capital (Chicago, IL)

Silvia Kleer
Counsel, Global Trade and Transactions
Ford Motor Company (Dearborn, MI)

  • Consequences for US and non-US workflows: distinctions for what US and non-US persons can do
  • Conflict of laws issues: what to do when US persons are obligated to do something under local law
  • Choosing which standards to follow when designing programs

1:00
Networking Lunch

Special Interest Group (“SIG”) Lunches for

  • Technology & Telecoms
  • Extractive Industries
  • Consumer & Manufactured Goods
  • Financial Services

2:20
Where Financial Services Providers and Issuers are at their Most Vulnerable: Focus and Priorities of Non-OFAC Enforcement and What the BIS and SEC are Looking For

Tracy L. Price
Assistant Director, FCPA Unit
U.S. Securities and Exchange Commission (Washington, DC)

Andy Gelinas
Executive Director, Global Financial Crimes Legal Advisory Group
Morgan Stanley (New York, NY)

Polly Greenberg
Managing Director
Duff & Phelps (New York, NY)

  • Inside recent SEC and BIS sanctions enforcement actions: main targets and lessons learned about what can trigger an investigation
  • What compliance-focused strategies firms should implement order to minimize their exposure
  • What scrutiny are Financial Institutions facing from other regulatory bodies?
  • How do regulators work together on sanctions investigations?

3:20
Cuba Update: What is Actually Feasible in Reality for US Companies and What Has Changed with the New Administration

Kim Strosnider
Partner
Covington & Burling LLP (Washington, DC)

Ross Crumlish
Senior Sanctions Licensing Officer OFAC
US Department of Treasury (Washington, DC)

Diego Marquez
Senior Counsel – Sanctions
General Electric Company (Washington, DC)

  • How to navigate the interplay between the Commerce Department and OFAC
  • Deep Dive into the series of expansions of what is permissible: perspectives from medical device and energy industries
  • Did the liberalizations really open the door to Cuba for US companies and their foreign affiliates?
  • What lessons can be learned from the practical challenges of doing business in Cuba which play into the sanctions and export controls risk analysis?

4:00
Networking Break
4:20
Cyber, Counternarcotic/Kingpin Act and other Sanctioned Geographies: Status Update on other OFAC Jurisdictional Programs

Davin Blackborow
Assistant Director for Licensing
Office of Foreign Assets Control U.S. Department of the Treasury (Washington, DC)

Erich Ferrari
Founder
Ferrari & Associates P.C. (Washington, DC)

Andrew Shoyer
Partner
Sidley Austin LLP (Washington, DC)

  • Assessment of compliance risks with respect to the Cyber-related sanctions program and evaluation of developments under the Trump Administration
  • Impact of the Kingpin Act on doing business, especially in Central and South America: “up tooling” your compliance program to minimize sanctions risks
  • General License on Sudan: how best to explore business opportunities but remain fully sanctions compliant further to the lifting of restrictions
  • Myanmar: what is now feasible in practice after the termination of the program, and potential pitfalls
  • Update on other jurisdictional programs: why questions on jurisdictions such as Syria, Venezuela, Belarus and North Korea are still arising

5:00
Demystifying “Facilitation”: Test Your Knowledge with Practical Scenarios of What Is Permitted

Michael Zytnick
Senior Advisor, Group Legal – Global Financial Security
BNP Paribas (New York, NY)

Nicole Sayegh Succar
Senior Vice President, Head of Sanctions Advisory
HSBC North America (New York, NY)

Ashley Coselli
Compliance Attorney
Noble Energy (Houston, TX)

  • Changing nature of the Iran program: now that authorizations for subsidiaries of US persons are permitted, what could a US person still be “facilitating”
  • Aviation, healthcare and other industries: where is the facilitation risk in common industry scenarios?
  • Crimea sectorial sanctions: what can defense, banking and energy players do to ensure they are not engaging in prohibited facilitation of activities with respect to medium and long-term financings?

5:40
Closing Remarks and Main Conference Ends

Workshop A | Coordinating your Approach to OFAC, New York State and EU Sanctions Programs: Everything You Need To Know about the Latest Restrictions, Permitted Activities and Common Mistakes

Apr 26, 2017 9:00am – 12:30pm

Jeffrey Schwartz
Senior Global Trade Counsel
Hewlett Packard Enterprise (Herndon, VA)

Barbara D. Linney
Member
Miller & Chevalier Chartered (Washington, DC)

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

What is it about?

This unique post-conference workshop is specially designed to allow participants more time to go deeper into the issues discussed in the main conference, and will provide a more global and holistic overview to the world of economic sanctions compliance and enforcement: both for those who are new to the sanctions compliance role or seasoned professionals seeking a chance to zoom out and see the wider picture. In addition to giving a thorough overview to all the main sanctions programs as they currently stand, the forum will allow space for exploring issues such as:
  • Criminal Investigations: Voluntary Disclosures to the DOJ rather than just to the Regulatory Agencies and analysis of diverse views on the DOJ’s Guidelines
  • Russia: given the significant amount of alignment between Russia and EU, what is the impact of companies that are operating out of Europe and will co-ordination between EU and US break apart?
  • Iran: practical guidance on what is permitted, and given how the US and EU appear to be diverging: how do US companies deal with non-US companies doing business in Iran
  • Third party due diligence: how to work with distributors to oversee your operations do not violate sanctions provisions

Workshop B | Economic Sanctions Compliance Officer Executive Roundtable

Apr 26, 2017 9:00am – 12:30pm

Michaela Arndt
Head, Sanctions Compliance, Americas and Group Head, US Sanctions
Standard Chartered (Newark, NJ)

Julia Court Ryan
Assistant General Counsel and Head of Trade Compliance
Varian Medical Systems (Palo Alto, CA)

What is it about?

This unique boardroom-style forum will provide exclusive networking and benchmarking on a broad range of global compliance challenges and the evolving Economic Sanctions Compliance Officer role. Attendance is exclusively for qualified applicants who hold the Economic Sanctions Compliance Officer title at their respective organizations (or who hold similar senior-level titles and scope of job responsibilities). In order to ensure a smaller group setting, attendance at the Economic Sanctions Compliance Executive Roundtable meeting will be limited. Some of the topics to be discussed include though not necessarily limited to:  
  • Evolving the Sanctions Compliance Officer in response to new business realities and emerging geopolitical and legal trends affecting the compliance function
  • Demonstrating your value to C-Suite and the Board: how to quantify the value of the in-house compliance function and shift the “cost center” mentality
  • Cross-departmental synergies and effectiveness: how C-level, General Counsel, Audit and HR executives are aligning their functions to strengthen ethics and compliance at all levels
  Attendance is exclusively for qualified applicants who hold the Chief Compliance Officer (CCO) title at their respective organizations (or who hold similar senior-level titles with the same level and scope of job responsibilities). Applicants will be reviewed and contacted regarding eligibility to participate.

Workshop C | The Critical Elements that Should Be Part of Every Comprehensive Sanctions Compliance and Screening Program

Apr 26, 2017 1:30pm – 5:00pm

Ronald Meltzer
Partner
WilmerHale (Washington, DC)

Amy Ross
Manager, Legal Affairs
Red Hat, Inc. (Raleigh, NC)

Ronald Vega
Director, North America Trade Compliance
Dell (Round Rock, TX)

What is it about?

Constant evaluation and testing of your sanctions compliance program are critical to its success. During this uniquely designed workshop, compliance professionals will have the chance to dive deeper into the nuts and bolts of building and maintaining a flexible, efficient and responsive compliance program – one that allows your business to thrive and take advantages of global opportunities while at the same time remain fully compliant with the law. Delivered by experts who have first-hand experience of building and running such programs, this session also provides a unique opportunity to benchmark your firm’s program against that of its peers.   Just some of the issues to be discussed during this comprehensive session include:
  • Common areas of risk to be taken into account when tailoring your program
  • Implementing a review and monitoring mechanism for your compliance program globally
  • Developing a risk-based approach to compliance program audits and monitoring of key controls
  • Why periodic audits are important and who should do the work (internal vs external?)

ElitePass Workshop Bundle A + C

Apr 26, 2017 9:00am – 5:00pm

ElitePass Workshop Bundle B + C

Apr 26, 2017 9:00am – 5:00pm