Co-Chairs’ Opening Remarks

Mathilde Latour
Legal, Global Export Trade Manager
Cisco (France)
(Former Desk Officer, Domestic and Export Control Unit at French Cybersecurity Agency, ANSSI, 2015-2020)

Roszel C. Thomsen II
Partner
Thomsen and Burke LLP

U.S. State Department Keynote Address

Human Rights Due Diligence and Surveillance Technologies

Jenny Stein
Special Advisor for Internet Freedom and Business and Human Rights
U.S. Department of State

Peter Micek
General Counsel
Access Now
(Lecturer on Internet Governance, Columbia University School of International and Public Affairs, SIPA)

Part I: CHINA'S NEW EXPORT CONTROL LAW IN PRACTICE: APPLICATION TO ENCRYPTION AND CYBER EXPORTS

How Exporters are Implementing New Requirements Amid the U.S.-China Trade Conflict and Emerging, Alternative Supply Chains

Debra Cheng
Senior Corporate Counsel, Global Trade
Salesforce

Wendy Wysong
Partner
Steptoe & Johnson LLP (Hong Kong)

Jennifer Maki
Director, Global Trade Compliance
Micron Technology, Inc.

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:

• The ECL came into effect on Dec. 1, 2020: How the restrictions on exports of dual-use and military products will play out in practice
• When and for what products are licenses required under the ECL
• Chinese authorities’ investigative powers
• What constitutes an export violation, and what can trigger penalties

In-House:

• Concrete examples of how to apply the new export control law in practice
• The biggest challenges to complying with the law-and how to overcome them
• How industry is managing the interplay between geopolitics and export compliance:
• The US-China trade war and what we can expect from a Biden administration
• The status of Hong Kong and the concomitant implications for industry operating in the U.S. and China

Part II: SPECIAL KEYNOTE

Update on U.S.-China Trade Policy Priorities

Christopher Millward
President and Managing Director
United States Information Technology Office (USITO)

1:1 Networking

Break

India

The Impact of India’s GAICT and SCOMET, and the Impact of New Rules on Intra-Company Transfers

Garima Prakash
Senior Associate
NASSCOM (India)

Sanjay Notani
Partner
Economic Laws Practice

Charles Prabhu Jesuraj
Senior Manager, Export Compliance
Qualcomm (India)

• Concrete examples of experiences with India’s SCOMET (Special Chemicals, Organism, Materials, Equipment and Technologies)
• Applying license requirements for exchanging information among subsidiaries under India’s Global Authorisation for Intra-Company Transfer (GAICT)
• How U.S. companies and their supply chains will be impacted by India’s new import restrictions and recently published export regulations
• India’s recent joining of the Wassenaar agreement – and what it means in practice

EUROPEAN UNION BRIEFING

Part I: Special Address on The EU’s Dual-Use Regulation

Stéphane Chardon
Head of Sector, Strategic Export Controls
European Commission

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.

EUROPEAN UNION BRIEF

Part II: The Modernization of EU Dual-Use Export Controls: What Simplification Mechanisms and New Human Rights Considerations Mean for Exporters

Mathilde Latour
Legal, Global Export Trade Manager
Cisco (France)
(Former Desk Officer, Domestic and Export Control Unit at French Cybersecurity Agency, ANSSI, 2015-2020)

Magnus Nordéus
Group Head of Trade Compliance
Ericsson (Sweden)

• How proposed regulations have evolved over the years-and perspectives on what is coming down the pipeline
• Impact of the new EU-level coordination mechanism to address concerns of human rights
• Enhanced coordination and transparency between EU authorities: Commission, member states’ licensing bodies and customs, and EU Parliament
• New EU license exceptions and what they mean for companies, and additional simplification that might be welcomed (e.g., digital exports, SaaS, cloud storage)

SPECIAL SESSION ON BREXIT

Technology Trade After Brexit: A U.K. Perspective

Craig Melson
Head of Digital Devices, Market Access, Environment and Sustainability
techUK (United Kingdom)

1:1 Networking

Russia

Implementing BIS Restrictions on Exporting Encryption and Other Items to Russia: Special Considerations for Military End-Use/User and License Approvals

Karthik Laggisetty
Director, Global Trade Compliance
Hitachi Vantara

Ajay Kuntamukkala
Partner
Hogan Lovells

• New BIS restrictions on exports to Russia
• Status of restrictions on exports to certain “military end-users” and for “military end-uses” in Russia
• The latest on Russia’s crypto import regulations-and what compliance pain points might be anticipated
• Countering America’s Adversaries Through Sanctions Act (CAATSA) and other designations
• What to expect from a policy approach perspective under the new U.S. administration

Encryption - Intrusion Software, Secondary Encryption Keys and EU008

Perspectives on Reconciling Competing Compliance, Privacy, Law Enforcement and National Security Concerns

Mike Maney
Director, Global Trade Compliance and Government Affairs
Veritas Technologies LLC

• Will new EU and U.S. plans to prohibit secure encryption require companies to provide secondary encryption keys to law enforcement?
• Understanding the practical implications of the EU’s new General Authorization for Encryption (EU008)
• Implementation of the most recent Wassenaar changes in the U.S., and what they mean for U.S. exporters
• The latest on post-quantum cryptography and quantum computing
• China’s SM Series Algorithms

Break

INTERACTIVE DISCUSSIONS AND OPEN Q&A

For 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.

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 Rights

Brad Hayes
Chief Technology Officer
Circadence
(Assistant Professor of Computer Science & Director, Collaborative AI and Robotics Lab at University of Colorado Boulder)

• The EU Commission’s plan to present a final draft on inter-company tech cyber transfers: What’s the status of the general license of intra-company tech transfers?
• Where are the limits in using cybersecurity tools, and when are their application considered defensive vs. offensive?
• The interplay between cybersecurity and human rights – and what it means in practice: Exporters share insights and best practices

The Cloud

ITAR, Five Eyes and the Cloud: How Far Industry Can Now Go in Using the Cloud for Military, Government Cooperation and National Security Purposes

Anne Marie Griffin
Director of Regulatory Affairs
Microsoft

Arthur Shulman
(Former Director - Licensing, Policy, Sanctions and Global Customs, Global Trade Controls at Boeing, 2017-2020)
(Former Acting Director, Office of Defense Trade Controls Compliance at U.S. Department of State, 2016-2017)

David Lorello
Of Counsel
Covington & Burling LLP (United Kingdom)

• ITAR and Five Eyes: The prospect of having cloud-based services in support of military operations cooperation
• FedRAMP/Cross-Domain Solution: Securely using cloud platforms for military use?
• Deciphering how Canada’s Controlled Good’s Program treats cloud computing
• Cloud-based services: How export controls apply and what the responsibilities are for cloud-based service providers

EMERGING AND FOUNDATIONAL TECHNOLOGIES THINK TANK

Status of BIS Definitions of Emerging and Foundational Technologies, and the Potential Impact on Competitiveness, Cost-Efficiency and Innovation

Andrew Puryear
Chief Technology Officer
Ultra Electronics
(Chairman, Emerging Technology Technical Advisory Committee at U.S. Department of Commerce)

Adilia F. Koch
Director of Export Compliance
California Institute of Technology

Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati

• Anticipated impact of new controls on innovation and competitiveness in global supply chains
• Status update on BIS, Advance Notice of Proposed Rulemaking (ANPRM) on how to define foundational technologies, and its request for public comments from industry
• Foundational technologies: Definitional considerations, foreign availability and effectiveness of unilateral controls
• Behind the increase in emerging and foundational technologies and AI in export controls

Conference Concludes