Registration and Continental Breakfast

Co-Chairs Opening Remarks

KEYNOTE ADDRESS

Export Control Reform Act Implementation: Emerging and Foundational Technologies

Deborah Curtis
Chief Counsel for Industry and Security
U.S. Department of Commerce

• Identify and assess critical risks associated with infrastructure, digital economy and people
• Understanding the importance of the proposed rule to safeguard the Information and Communications Technology Supply Chain
• Evaluating the requirements for the ICTS transactions to avoid any prohibition or mitigation
• Determining the exceptions to the proposed rule

Due Diligence Considerations for Supply Chain Security and New 5G Technology

• How the U.S. and the UK differ in their approaches to 5G supply chain security?
• Must we learn to live with “dirty” networks?
• Potential decoupling of Western and Chinese 5G networks and standards
• Status of U.S. efforts to convince other countries to prohibit the use of technology from Huawei and ZTE

Networking Break

Understanding the Enforcement Landscape: When Criminal Prosecutions, Civil and Administrative Proceeding, and Sanctions Intersect with Trade Negotiations, What Must You Do?

• Business risks of dealing with Huawei
• Why the Huawei entity listing is not ‘ZTE Redux’ from a U.S. perspective?
• How the arrest of Huawei’s CFO in Canada changes the calculus and industry’s response?
• What is the view of the entity list and unreliable supplier list from a Chinese perspective?
• Huawei’s temporary general license – success or failure?
• Enforcement risks for non-US companies

Networking Luncheon

Decoding China’s Vague New Encryption and Cybersecurity Laws and Coping with Uncertainty

• Three Month Update on China’s Encryption Law, which became effective January 1, 2020
• The intersection of the New Encryption Law with China’s Cybersecurity Law and Vulnerability Disclosure Requirements
• Results of the Phase 1 trade agreement with China and prospects for further agreement

Wassenaar Arrangement: Dramatic Expansion of Export Controls on Cyber Tools and Cyber Warfare

• Assessment of existing controls on IMSI Catchers, Intrusion Software and IP Network Surveillance Systems
• Expansion of controls in 2020, including digital forensics, communications monitoring, and cyber warfare software and technology
• Overlap with controls on Encryption technology on the dual-use list – recommendations on license exceptions in the U.S. and general licenses in the EU

Networking Break

Asia Focus: Japan and India

• The relationship between METI, CISTEC and the export community in Japan
• Japanese parameter sheets – What are they, and why are they important?
• Japan’s enhanced controls on exports of three semiconductor materials, including hydrogen fluoride, to South Korea and removal of South Korea from its list of trusted trade partners qualified for preferential treatment in export procedures – background and implications
• India’s SCOMET regulations and new Intra-Company Transfer exemption – problems solved, and problems remaining

Compliance Program Best Practices: How to Update Your Program in Accordance with Your Organization’s Risk Profile

• Critical components of an effective program
• Industry-specific challenges
• How to conduct a risk assessment as part of your compliance program?
• Lessons learned from Apple’s OFAC settlement

Champagne Roundtables

End of Day One

Co-Chairs’ Opening Remarks

KEYNOTE ADDRESS

How the U.S. Government is Assessing the Threat from China and Leading the Response?

Honorable Nazak Nikakhtar
Assistant Secretary for Industry and Analysis, International Trade Administration
U.S. Department of Commerce

Implications of Emerging and Foundational Technology Controls for Industry and Academia

Every industry is being affected by advances in technology including artificial intelligence, robotics and the Internet of Things — and the export controls sectors are no exception. Join this think-tank of industry insiders as they discuss the latest progress, initiatives and developments with the use of emerging and foundational technologies. They will also focus on why there is a sudden increase in these technologies in export control. Gain valuable insights on which of the technologies will be forefront in the coming years.

• Quantum computing, post quantum cryptography and artificial intelligence
• Foundational Technologies: Definitional considerations, foreign availability and effectiveness of unilateral controls
• Fundamental Research and Emerging and Foundational Technology Nexus: The Challenge for University Export Control Officers, and their Government and Industry Partners

Networking Break

How Export Controls Violations Resulted in Human Rights Abuses Forcing Government to Act

• Investigating digital espionage against civil society
• Documenting Internet filtering and other technologies and practices that impact freedom of expression online
• Analyzing privacy, security, and information controls of popular applications
• Protecting yourself online with Tor

State Department New Guidelines: Tools for Implementing the State Department’s New Guidelines – How Industry and NGOs Can Be Partners in Compliance

• What the new State Department Guidelines Do (and Don’t) affect your global supply chain?
• Surreptitious Listing Controls – An Interagency Perspective

Networking Lunch

Cloud-Based Export Controls: Compliance Considerations

• EAR/ITAR End-to-End Encryption rule review
• Is there an export when using the cloud: applying Section 734.18 of the EAR?
• Compliance with export control requirements with cloud-based services
• Who is responsible for export controls: the cloud provider or user?

Dual-Use: Wassenar Mandate to Reform The Encryption Controls

• There is confusion relating to the dual-use list: will this have a bigger role in trade?
• Plenary mandate to revise category 5, part 2 of the dual-use list
• Product, marketing, functional decontrols and cryptographic “activation”
• Practical suggestions for clarity and consistency

Networking Break

Focus on the European Union: New Regulations to be Aware of

• How does the EU dual use regulation control telecommunication goods, information security and “Cyber tools”?
• How do the German export control laws control these goods?
• EU dual use reform 2020 and Cyber surveillance?
• What is the practical perception on these rules in the telecom and intelligence industry?
• Cloud computing rules and GDPR data requirements

Future Trends: What to Expect in 2020 and Beyond

• Priorities for governments to implement effective export controls
• Industry’s new challenges navigating a multi-polar world
• Engaging with the academic community and civil society

Conference Adjourns