Pre-Conference Workshop

Pre-Conference Working Group A: Deep Dive into U.S. Economic Sanctions Regulatory Regimes: Understanding the Latest Rules on RUSSIA, IRAN, NORTH KOREA, CUBA and VENEZUELA

May 28, 2019 1:30pm – 5:00pm

Speakers

Carlton L. Morris
Sanctions Compliance Officer, Sanctions, Compliance & Evaluation Division
Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury (Washington, DC)

Nathaniel Bolin
Partner
Drinker Biddle & Reath LLP (Washington, DC)

Day 1 - Wednesday, May 29, 2019

8:00
Registration and Continental Breakfast
9:00
Co-Chairs’ Opening Remarks
9:15
Sanctions Compliance Executive Roundtable: How to Proactively Update Your Programme in Response to Rapid Changing Regulations
10:15
Keynote from U.S. Department of State
10:45
Regulatory Updates: Latest Economic Sanctions Enforcement Developments in Asia and Compliance Expectations from OFAC
11:15
Coffee and Tea Break
11:30
Focus on Blocking Statute: How to Resolve Key Conflicts between Blocking Measure in the EU and US
12:15
Networking Luncheon for Attendees and Speakers
1:30
Navigating Complex Sanctions Data and Screening Challenges Scenarios
2:15
Focus on Training Programmes: What are the Key Components of an Effective Training Programme for Your Employees and Business Partners?
3:00
Coffee and Tea Break
3:15
Emerging Risks: Monitoring the Potential Use of Cryptocurrency and Bartering to Evade Sanctions
4:00
Export Control Reform Act of 2018: Implications of New Definitions for Emerging and Foundational Technology for the High Tech Industry and Foreign Direct Investments
5:00
Conference Adjourns to Day 2

Day 2 - Thursday, May 30, 2019

8:30
Continental Breakfast
9:00
Conference Co-Chairs’ Opening Remarks
9:05
Rising Enforcement Actions in Asia: Lessons Learned from Recent Enforcement Actions Including Huawei, ZTE, and Yantai Jereh Oilfield
10:00
Staying Compliant with New Secondary Sanctions Compliance in Russia and Iran
11:00
Coffee and Tea Break
11:15
Voluntary Disclosures: How to Meet Government Requirements When, and What to Disclose
12:00
Increased Due Diligence Demands: Evaluating Third Parties and Business Partners in Light of Increased Sanctions Risks
12:45
Main Conference Ends
Lunch for the Workshops Attendees

Post-Conference Workshops

Post-Conference Working Group B: Intersection of Sanctions & AML: How to Consolidate Anti-Money Laundering and Sanctions Compliance Controls

May 30, 2019 2:00pm – 5:00pm

Speakers

Maggie Qiu
Head of Sanctions, Financial Crime Compliance
Greater China & North Asia

Standard Chartered Bank (Hong Kong)

Nicholas Turner
Registered Foreign Lawyer
Clifford Chance (Hong Kong)

Post-Conference Working Group C: Deep Dive into Export Controls in Asia: How to Stay Compliant with Asia Multi-Jurisdiction Export Controls Requirements

May 30, 2019 2:00pm – 5:00pm

Speakers

William Marshall
Partner
Tiang & Partners (Hong Kong)

Lynn Parker
Regional Manager APAC SCMP/Trade & Customs
ASML Hong Kong Limited

Umesh Thapliyal
Asia Regional Manager Global Trade Compliance
Texas Instruments (Shanghai)

Day 1 - Wednesday, May 29, 2019

8:00
Registration and Continental Breakfast
9:00
Co-Chairs’ Opening Remarks

Jessica Lyn Bartlett
Director, Financial Crime Legal – APAC
Barclays (Hong Kong)

Alix P. Grice
VP regional Counsel, Asia-Pacific, Middle East & Africa
British Telecommunications (Hong Kong)

9:15
Sanctions Compliance Executive Roundtable: How to Proactively Update Your Programme in Response to Rapid Changing Regulations

Asta Nie
Group Trade Manager
Microsoft (Shanghai, China)

Sasha Kalb
Vice President Risk and Compliance, APAC, Global Partnerships and Alliances
American Express Global Business Travel (Hong Kong)

Stephen Peepels
Head of U.S. Securities - Asia Pacific
Hogan Lovells (Hong Kong)

  • How leading Asian companies are maintaining an effective global sanctions programme
  • What is the best strategy to structure your sanctions programme
  • How to update for the newest lists, and what kind of data to use Best practices for monitoring potential legislation and potential new sanctions targets
  • Best practice on assessing risks, and what are the high risk areas to pay attention to
  • How to measure and categorize the clients or third party depending on the level of risks, in response to the new parties added to the Sanctions list
  • How to use internal resources efficiently to implement the compliance programme into daily operations

10:15
Keynote from U.S. Department of State

David Peyman
Deputy Assistant Secretary
Bureau of Economic and Business Affairs, Office of Threat Finance and Sanctions, U.S. Department of State (Washington, DC)

10:45
Regulatory Updates: Latest Economic Sanctions Enforcement Developments in Asia and Compliance Expectations from OFAC

Carlton L. Morris
Sanctions Compliance Officer, Sanctions, Compliance & Evaluation Division
Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury (Washington, DC)

11:15
Coffee and Tea Break
11:30
Focus on Blocking Statute: How to Resolve Key Conflicts between Blocking Measure in the EU and US
Louise Aitken

Louise Aitken
Legal Counsel
Crédit Agricole Corporate & Investment Bank (Hong Kong)

Matthew Townsend
Partner
Allen & Overy LLP (London)

  • What does it mean for different kind of companies
  • What companies in Asia can do under both US Regulations and EU blocking mechanism now
  • How does EU blocking statute affects to current US Sanctions programme
  • What is the new normal for companies in Asia who falling into the trap of EU blocking statutes
  • How to respond to EU member states when extraterritorial sanctions directly or indirectly affect the economic or financial interest of the company
  • How will damages be calculated?

12:15
Networking Luncheon for Attendees and Speakers
1:30
Navigating Complex Sanctions Data and Screening Challenges Scenarios

Kevin Marr
Executive Director, Assistant General Counsel
APAC Global Financial Crimes Legal

J.P. Morgan (Hong Kong)

Aline Doussin
Partner
Hogan Lovells (London)

  • How to effectively screen under the GDPR, privacy law, and cyber security law requirements
  • Data and screening challenges in Bule
  • How to find information for the small parties whose information is not public available
  • Tips to build local database nowadays and how to connect data across the department
  • How to consolidate screening for OFAC, UN, EU list and other Asia unilateral Sanctions

2:15
Focus on Training Programmes: What are the Key Components of an Effective Training Programme for Your Employees and Business Partners?

Alix P. Grice
VP regional Counsel, Asia-Pacific, Middle East & Africa
British Telecommunications (Hong Kong)

David Wolber

David Wolber
Associate General Counsel Global Financial Crimes Legal Advisory, Asia Pacific Legal Department
The Hongkong and Shanghai Banking Corporation Limited (Hong Kong)

  • How leading company design their sanctions compliance training programmes of employees
  • What strategy to implement for different department to enhance the awareness
  • Frequency of training necessary
  • How to coordinate with HR and implement training of operation and supply chain
  • How to train your clients and third parties
  • How frequent to train your employees and how to make them understand
  • How to measure the result

3:00
Coffee and Tea Break
3:15
Emerging Risks: Monitoring the Potential Use of Cryptocurrency and Bartering to Evade Sanctions

Jessica Lyn Bartlett
Director, Financial Crime Legal – APAC
Barclays (Hong Kong)

Stephen Browne
Co-Founder
Crypto IB (Hong Kong)

  • Bartering, cryptocurrencies, state-backed mainstream –sanctions avoidance or sanctions evasion or both
  • Regulatory responses to crypto risks
  • What could be a sanctions evasion from cryptocurrency?
  • How to meet government requirements for “reasonable and proportionate” How to monitor and control Crypto currency, payers, receivers and for other emerging payment method
  • How to identify and monitor possible high risk customers or third parties as payers are not traceable
  • Discussion on new technology developments tools to detect the risks such as mining, AI, and other software

4:00
Export Control Reform Act of 2018: Implications of New Definitions for Emerging and Foundational Technology for the High Tech Industry and Foreign Direct Investments
Umesh Thapliyal

Umesh Thapliyal
Asia Regional Manager Global Trade Compliance
Texas Instruments (Shanghai)

Barbara D. Linney
Partner
Baker Hostetler (Washington, D.C.)

  • Analyzing the Export Control Reform Act of 2018 (ECRA) and its impact on license requirements and foreign investment review
  • Defining “emerging and foundational technologies”
  • Impact on transactions involving emerging technology deemed critical to national security, such as cybersecurity, artificial intelligence, and machine learning
  • Extra-territorial reach of U.S. export controls and the role of financial institutions in monitoring compliance
  • Impact of increased CFIUS reviews for Asia
  • Countering attempts by problematic countries to secure technologies via espionage

5:00
Conference Adjourns to Day 2

Day 2 - Thursday, May 30, 2019

8:30
Continental Breakfast
9:00
Conference Co-Chairs’ Opening Remarks

Jessica Lyn Bartlett
Director, Financial Crime Legal – APAC
Barclays (Hong Kong)

Alix P. Grice
VP regional Counsel, Asia-Pacific, Middle East & Africa
British Telecommunications (Hong Kong)

9:05
Rising Enforcement Actions in Asia: Lessons Learned from Recent Enforcement Actions Including Huawei, ZTE, and Yantai Jereh Oilfield

Leeann Morentz
Senior Vice President
Asia Pacific Head of Financial Crimes Risk Management

Wells Fargo (Hong Kong)

Tatman Savio

Tatman R. Savio
Partner
Akin Gump Strauss Hauer & Feld LLP (Hong Kong)

Discuss the impact of huge penalties resulting from multiple agency investigations and enforcement. Learn from these from these v violations from the perspective of the regulators, private practitioners, and in-house counsels, and how to bullet proof your compliance process.

10:00
Staying Compliant with New Secondary Sanctions Compliance in Russia and Iran

Daniel Moger
Regional Head of Sanctions, APAC
Citi (Hong Kong)
Former Principal Deputy Assistant Secretary Terrorist Financing and Financial Crimes

Jodi Wu
Partner
Kirkland & ELLIS (Shanghai)

Part 1

Managing Secondary Sanctions Risk for Companies Doing Business in Asia
  • Recent high profile cases on secondary sanctions penalties
  • What is secondary sanction
  • Tools for screening secondary sanctions
  • How to dig for the information for end customers
  • How deep you should conduct due diligence?
  • What is the strategy to mitigate the risks
 

Part 2

Real World Scenarios: Iran and Russia Secondary Sanctions Screening and Due Diligence Challenges Participate in real world scenarios that will provide the details on the secondary sanctions risks in Asia.
  • Transaction by transaction screening on Iran Sanctions Parties and Names
  • Delineating “ownership” and “control” when applying Russia Sanctions 50% rule

11:00
Coffee and Tea Break
11:15
Voluntary Disclosures: How to Meet Government Requirements When, and What to Disclose

Heywon Shin
Vice President
Global Economic Sanctions Bank of America Merrill Lynch (Hong Kong)

Wade Weems

Wade Weems
Counsel
Kobre & Kim (Shanghai)
Former U.S. Department of Justice Prosecutor

  • Lessons learned from a sanctions investigation in Asia including unique challenges for the Non-US Companies
  • What are the steps you should follow for internal investigations? Who you should talk to, how long the investigation will last, and what will happen?
  • How to analyze the transaction
  • Key factors to determine whether to make a voluntary disclosure to
  • What documents you should disclose to OFAC How to comply with Cyber Security Regulation when you conduct internal investigations

12:00
Increased Due Diligence Demands: Evaluating Third Parties and Business Partners in Light of Increased Sanctions Risks

Naeree (Valentine) Kang
Chief Compliance Officer – Asia
Veolia (Hong Kong)

Brian Egan

Brian Egan
Partner
Steptoe & Johnson LLP (Washington, DC)
Former Senior Legal Official White House/the National Security Council
U.S. Treasury Department, U.S. State Department

  • What exceptions are available for non-US Companies and how to appropriately proceed
  • Understand and evaluate your partners business to detect risks and prevent them
  • Best practices for monitoring indirect exposure from clients
  • How multinational companies are managing sanctions risk for new business opportunities

12:45
Main Conference Ends
Lunch for the Workshops Attendees

Pre-Conference Working Group A: Deep Dive into U.S. Economic Sanctions Regulatory Regimes: Understanding the Latest Rules on RUSSIA, IRAN, NORTH KOREA, CUBA and VENEZUELA

May 28, 2019 1:30pm – 5:00pm

Carlton L. Morris
Sanctions Compliance Officer, Sanctions, Compliance & Evaluation Division
Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury (Washington, DC)

Nathaniel Bolin
Partner
Drinker Biddle & Reath LLP (Washington, DC)

What is it about?

(Registration at 13:00)   Understanding how the U.S. Treasury’s Office of Foreign Assets Control (OFAC) puts in place, administers and enforces US economic sanctions is essential for any compliance professional. Expert speakers will provide a comprehensive update on important new developments of the past few months. Learn the nuts and bolts of how OFAC’s sanctions programmes operate, including recent actions involving Iran, Russia and North Korea. Join this workshop to learn from US experts on how economic sanctions fit into compliance risks for global companies. Topics covered include:
  • A deep dive into various sanctions regimes: Russia, Iran, North Korea, Cuba and Venezuela
  • Spotlight on screening: conflicting or complementary? What you need to know on US versus EU versus UN Sanctions, and Asia regional Sanctions keeping blacklists, current and ensuring everything is accounted for
  • What are the risks? How Asia transactions may turn into an economic sanctions investigation
  • Potential liability for the company, its employees and executives; potential civil liability, regulatory actions and shareholder suits; reputational damage; risk of investigation
  • How to minimize “facilitation” pitfalls
  • What are OFAC expectations for your company’s sanctions compliance programme
  • How to work effectively with OFAC to expedite licensing process
  • How to respond to an OFAC investigation
  • Taking a risk-based approach to continuously assess your programme’s effectiveness: monitoring, testing and auditing

Post-Conference Working Group B: Intersection of Sanctions & AML: How to Consolidate Anti-Money Laundering and Sanctions Compliance Controls

May 30, 2019 2:00pm – 5:00pm

Maggie Qiu
Head of Sanctions, Financial Crime Compliance
Greater China & North Asia

Standard Chartered Bank (Hong Kong)

Nicholas Turner
Registered Foreign Lawyer
Clifford Chance (Hong Kong)

What is it about?

(Registration at 13:30)  
  • When AML, sanctions laws converge — How to develop a robust and effective compliance programme
  • How harmonizing policies and processes across disciplines can streamline your company’s compliance programme
  • How your company can use automation structure to establish screening and internal approval procedure: Introducing innovation strategy and operational tools to help integration
  • Experience sharing on compliance metrics and structure to integrate sanctions and AML screening
  • Using the database of sanctioned countries and entities to screen potential transactions: How to consolidate information and utilize existing or silo resources
  • Customizing your AML protocols based on the unique risks presented by your business

Post-Conference Working Group C: Deep Dive into Export Controls in Asia: How to Stay Compliant with Asia Multi-Jurisdiction Export Controls Requirements

May 30, 2019 2:00pm – 5:00pm

William Marshall
Partner
Tiang & Partners (Hong Kong)

Lynn Parker
Regional Manager APAC SCMP/Trade & Customs
ASML Hong Kong Limited

Umesh Thapliyal
Asia Regional Manager Global Trade Compliance
Texas Instruments (Shanghai)

What is it about?

(Registration at 13:30)  
  • Hong Kong Strategic Commodities Control developments
  • What is the local requirement to apply for license and permit, and how to register
  • Export controls regimes in Asia Pacific: Recent China, Korea, India, Japan, Philippine, Indonesia, Thailand, Australia export control regulations update
  • What is the link between U.S. export control and other countries export controls
  • What are the mandatory disclosure rules?
  • How to interact with local government officials and managing the unique challenges of communicating with each local government
  • How to position internal resources to comply with local requirements and manage new risk factors
  • How to set up a regional trade compliance programme
  • How can companies effectively screen the trade process and goods
  • Multi-jurisdiction technology Transfer regulations, how to apply for the licenses, exemption, and update lists
  • What delays the company process, and what where are the highest risks