Agenda (Eastern Standard Time)

Conference Program
Flip through our 2021 conference brochure and discover what’s new this year and get a free 1-hour session to watch at the same time.
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Pre-Conference Workshops
EAR AND ITAR ENCRYPTION CONTROLS BOOT CAMP
A Deep Dive into the Essentials of Key Requirements, Best Practices, and Common Missteps to Avoid in Order to Strengthen your Export Controls Program
Mar 16, 2021 11:00am – 2:30pm
Speakers
Caroline Walsh
Senior Director & Associate General Counsel – Enterprise Services Global Trade
Raytheon Technologies
Stephanie C. Hart
Sr. Manager, Global Trade Controls Program Manager
Cognizant
Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati
PUTTING THEORY INTO PRACTICE
A Complete Roadmap to Applying EAR and ITAR Encryption, Cyber and Cloud Controls in Real-Life: Case Studies on How to Solve the Most Pressing Classification and Program Implementation Challenges
Mar 16, 2021 3:00pm – 6:30pm
Speakers
Steve Bird
Manager, Trade Compliance Product Classification, Global Trade Compliance
Veritas Technologies LLC
Melissa Duffy
Partner
Dechert LLP
Day 1 - Wednesday, March 17, 2021
Day 1 - Wednesday, March 17, 2021
10:15 |
Co-Chairs’ Opening RemarksMathilde Latour Roszel C. Thomsen II |
10:30 |
U.S. State Department Keynote AddressHuman Rights Due Diligence and Surveillance TechnologiesJenny Stein Peter Micek |
11:15 |
Part I: CHINA'S NEW EXPORT CONTROL LAW IN PRACTICE: APPLICATION TO ENCRYPTION AND CYBER EXPORTSHow Exporters are Implementing New Requirements Amid the U.S.-China Trade Conflict and Emerging, Alternative Supply ChainsDebra Cheng Wendy Wysong Jennifer Maki During this practical discussion, attendees will be invited to benchmark and compare notes via a user-friendly digital polling system. The questions and discussion will focus on practical challenges that are most likely to come across your desk. Legal:
In-House:
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12:15 |
Part II: SPECIAL KEYNOTEUpdate on U.S.-China Trade Policy PrioritiesChristopher Millward |
1:00 |
1:1 Networking |
1:15 |
Break |
1:30 |
IndiaThe Impact of India’s GAICT and SCOMET, and the Impact of New Rules on Intra-Company TransfersGarima Prakash Sanjay Notani Charles Prabhu Jesuraj
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2:00 |
EUROPEAN UNION BRIEFINGPart I: Special Address on The EU’s Dual-Use RegulationStéphane Chardon This special session will feature a high-level speaker from the EU or the member state currently holding the Counsel’s rotating presidency. The talk will expound on the newly agreed rules for trade of dual-use items and their likely impact, such as enhanced competitiveness within the EU, strengthened national security, and more effective and visible promotion of human rights. |
2:30 |
EUROPEAN UNION BRIEFPart II: The Modernization of EU Dual-Use Export Controls: What Simplification Mechanisms and New Human Rights Considerations Mean for ExportersMathilde Latour Magnus Nordéus
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3:15 |
SPECIAL SESSION ON BREXITTechnology Trade After Brexit: A U.K. PerspectiveCraig Melson |
3:30 |
1:1 Networking |
3:45 |
RussiaImplementing BIS Restrictions on Exporting Encryption and Other Items to Russia: Special Considerations for Military End-Use/User and License ApprovalsKarthik Laggisetty Ajay Kuntamukkala
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4:15 |
Encryption - Intrusion Software, Secondary Encryption Keys and EU008Perspectives on Reconciling Competing Compliance, Privacy, Law Enforcement and National Security ConcernsMike Maney
|
5:00 |
Break |
5:05 |
INTERACTIVE DISCUSSIONS AND OPEN Q&AFor the following three sessions – intended as more informal conversations led by subject-matter experts – we hope that you will actively join in on the fun by sharing your audio and video! Benefit from a worthwhile opportunity for an especially interactive, engaging session that will impart more useful takeaways for your daily work. |
5:15 |
CYBER READINESS TOOLS: A SWORD OR A SHIELD?How Industry is Assessing the Risks and Benefits of the Latest Cyber Tools for Security, Compliance and Human RightsBrad Hayes
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5:45 |
The CloudITAR, Five Eyes and the Cloud: How Far Industry Can Now Go in Using the Cloud for Military, Government Cooperation and National Security PurposesAnne Marie Griffin Arthur Shulman David Lorello
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6:15 |
EMERGING AND FOUNDATIONAL TECHNOLOGIES THINK TANKStatus of BIS Definitions of Emerging and Foundational Technologies, and the Potential Impact on Competitiveness, Cost-Efficiency and InnovationAndrew Puryear Adilia F. Koch Josephine Aiello LeBeau
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6:45 |
Conference Concludes |
EAR AND ITAR ENCRYPTION CONTROLS BOOT CAMP
A Deep Dive into the Essentials of Key Requirements, Best Practices, and Common Missteps to Avoid in Order to Strengthen your Export Controls Program
Caroline Walsh
Senior Director & Associate General Counsel – Enterprise Services Global Trade
Raytheon Technologies
Stephanie C. Hart
Sr. Manager, Global Trade Controls Program Manager
Cognizant
Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati
What is it about?
Laying the groundwork for the main conference discussions, this in-depth working group will take you through the ins and outs of U.S. requirements, and recent changes. Seasoned experts will provide a deep dive into complex definitions and requirements for encryption controls under the EAR and ITAR.
In addition to helpful reference materials and discussion points, there will be ample time to ask your questions and solidify your knowledge of the essentials. Topics will include:
- Roadmap of current U.S. encryption controls and their scope of application
- Who to contact and where to look toward mapping out your classification and licensing strategy
- Utilizing early product analysis and evaluating intended use
- Determining classification under the EAR and ITAR
- ITAR’s encryption carveout: What does not constitute an “export”
- ITAR and State Department guidelines on encryption in the cloud to prevent the unauthorized release of technologies
- Classifying public domain or publicly available information containing encryption
- Preparing a CJ request for encryption products subject to ITAR regulations: What you need to submit, what supporting materials to include and other key elements
- Requirements for obtaining a mass market cryptography classification
- Managing export license conditions and scope limitations on encryption products
PUTTING THEORY INTO PRACTICE
A Complete Roadmap to Applying EAR and ITAR Encryption, Cyber and Cloud Controls in Real-Life: Case Studies on How to Solve the Most Pressing Classification and Program Implementation Challenges
Steve Bird
Manager, Trade Compliance Product Classification, Global Trade Compliance
Veritas Technologies LLC
Melissa Duffy
Partner
Dechert LLP
What is it about?
Building on the previous workshop, learn and problem-solve alongside industry experts via case studies and hypothetical exercises. Navigate the grey areas of U.S. encryption, cloud and cyber controls in practice, including importing and exporting certain encrypted items and technologies from product development to end-use. The discussion will cover mass market software programs, networking devices, web-based services and telecom items.
In addition to helpful reference materials prepared by the expert speakers, take this opportunity to hear “war stories” from seasoned professionals and learn how to put a myriad of complex requirements into practice. Topics of discussion will include:
Legal:
- Case studies on mass market software programs
- Networking devices, web-based services and telecom items
- Working with partners in different countries and incorporating global laws into your product development
- When and how to file paperwork for software and hardware encryption items
- What to do if you are travelling from country to country with encrypted items such as a laptop or mobile phone
- How to take software or hardware internationally: What does the application look like?
- Who are the end-users or “crypto consumers”
- Sharing of tech and source code—when do you need a license?
- How to manage chips with encryption issues when re-exporting to third parties
- How U.S. export laws come into play during re-exporting