Cloud Computing From A to Z: How to Safely Store Export Controlled Data

Feb 5, 2019 9:00am - 12:30pm

Speakers

Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati (Washington, D.C.)

Maria Assusa
Director, Corporate Export Control
ManTech International Corporation (Herndon, VA)

Managing Your Global Workforce: Proven Practices to Streamline Global Export Controls Compliance Efforts

Feb 5, 2019 1:30pm - 5:00pm

Speakers

Joseph Kim
Senior Director
Xilinx

John Pisa-Relli
Managing Director, Global Trade Compliance
Accenture

Day 1 - Wednesday, February 6, 2019

7:45
Registrations and Continental Breakfast
8:30
Co-Chairs’ Opening Remarks
8:45
NEW LEGISLATION: THE ECRA OF 2018 & THE NDAA OF 2019
Global Implications for Export Controls Restrictions and New Compliance Expectations
9:45
In-House Roundtable: WHAT KEEPS YOU UP AT NIGHT?
10:30
Networking Break
10:45
DEEMED EXPORTS & LICENSING PRIORITIES
Licensing Requirements: How Current Immigration Policies Are Impacting Deemed Export Licensing and Policies
11:30
TCPs & TTCPs BEST PRACTICES
Top Five Pitfalls Avoid in Your TCPs & TTCPs
12:30
Networking Luncheon
1:30
CLOUD SERVICE PROVIDERS & YOUR COMPLIANCE PLAN
Performing Due Diligence on Your Cloud Service Providers to Safeguard Your Data
2:30
TEST YOUR KNOWLEDGE: AUDIENCE POLLING SESSION
Laptops, E-Mails and Cell Phones: How to Protect Data Abroad and Top Tips for Your Employees When They Travel
3:15
Networking Break
3:30
THE INTERSECTION OF CYBERSECURITY & EXPORT CONTROLS
Practical Considerations for Implementing New Encryption Requirements
4:30
WHAT TO EXPECT AFTER THE TRUMP TARIFFS
How to Protect Controlled Technology When Investing Abroad In Problematic Countries
5:15
End of Day One

Day 2 - Thursday, February 7, 2019

7:45
Continental Breakfast
8:30
Conference Co-Chairs’ Remarks
8:45
STAYING COMPLIANT WITH RAPIDLY CHANGING ECONOMIC SANCTIONS
How to Strengthen Your Compliance Program to Avoid Potential Sanctions Landmines
9:45
M&A DUE DILIGENCE HOT BUTTONS
What’s the Big Deal?: Investments Involving U.S. Companies with Foreign Parties
10:45
Networking Break
11:00
REGULATORY ENFORCEMENT INTERVIEW
Lessons Learned from Recent Enforcement Actions and What to Expect for 2019
12:00
EAR & ITAR LATEST DEVELOPMENTS
Dealing with Dual Regimes: Tips for the Protection of Export-Controlled Technical Data
12:45
Networking Luncheon
2:00
AUDIENCE POLLING
Enforcement, Prosecutions and Voluntary Disclosures
3:00
HYPOTHETICAL HIRING SCENARIOS
Best Practices for Establishing an Internal Vetting and Hiring Process
4:00
Q&A PANEL WITH EXPERT SPEAKERS
4:30
Conference Concludes

Day 1 - Wednesday, February 6, 2019

7:45
Registrations and Continental Breakfast
8:30
Co-Chairs’ Opening Remarks

Anne Marie Griffin
Deputy Director, Global Trade Policy and Export Outreach
Microsoft

Caroline Murray Walsh
Senior Counsel, Global Trade GBS General Counsel Staff Office of the General Counsel
Raytheon Company

8:45
NEW LEGISLATION: THE ECRA OF 2018 & THE NDAA OF 2019
Global Implications for Export Controls Restrictions and New Compliance Expectations

Silvia M. Kleer
Counsel, Global Markets Office of the General Counsel
Ford Motor Company

Melissa L. Duffy
Partner
Dechert LLP

  • Defining “emerging and foundational technologies”
  • Analyzing the NDAA rules on export controls, the Export Control Reform Act of 2018 (ECRA)
  • Countering attempts to secure technologies via espionage by problematic countries such as China
  • Reviewing the new requirements impacting export controls
  • Considering whether these critical updates will produce further export restrictions on emerging technology that are deemed critical to national security, such as cybersecurity, artificial intelligence, and machine learning

9:45
In-House Roundtable: WHAT KEEPS YOU UP AT NIGHT?

Brian Falbo
Director, PG and Global Operations
Dell

Tina Shaughnessy
Director of Export/Export Sanctions
Varian Medical Systems

Vicki Wilkerson
Senior Global Trade Manager
Salesforce

Moderator:

Maria Alejandra (Jana) Del-Cerro
Counsel
Crowell & Moring LLP

Senior in-house leaders will share the top three export control concerns that their company is facing, along with their compliance priorities for the coming year.

10:30
Networking Break
10:45
DEEMED EXPORTS & LICENSING PRIORITIES
Licensing Requirements: How Current Immigration Policies Are Impacting Deemed Export Licensing and Policies

Rama Dasari
Sr. Manager, Export and Sanctions Compliance
Apple, Inc.

Lillian Norwood
Manager – Government & Regulatory Affairs Export Regulation Office
IBM

  • Analyzing the increased scrutiny of deemed export license applications for foreign persons from certain countries
  • How to establish procedures to avoid the invalidation of deemed export licenses
  • Understanding how the ECRA will apply U.S. deemed export controls to transfers of controlled technology to U.S. companies

11:30
TCPs & TTCPs BEST PRACTICES
Top Five Pitfalls Avoid in Your TCPs & TTCPs

Aaron Gothelf
Executive Counsel Compliance-ITC
GE Global Operations Legal

Steven Kott
Sr. Director, Trade Compliance CFIUS Compliance Officer
Huawei Technologies

Alexandra Baj
Of Counsel
Steptoe & Johnson LLP

  • How to control access by foreign nationals and other unauthorized persons to controlled data
  • How to “right size” compliance for your organization -Identifying tailored facility concerns for your organization (e.g., screening visitors, requiring sign-in, badges and accompanied hosts, etc.)
  • Best practices for IT controls and network access rights
  • Tips for Facility Management and Technology Control Plans

12:30
Networking Luncheon
1:30
CLOUD SERVICE PROVIDERS & YOUR COMPLIANCE PLAN
Performing Due Diligence on Your Cloud Service Providers to Safeguard Your Data

Bob Rarog
Senior Advisor, Asst. Secretary for Export Administration
Bureau of Industry and Security U.S. Department of Commerce

Anne Marie Griffin
Deputy Director, Global Trade Policy and Export Outreach
Microsoft

Brad Neumann
Global Trade Specialist
The Boeing Company

Caroline Murray Walsh
Senior Counsel, Global Trade GBS General Counsel Staff Office of the General Counsel
Raytheon Company

Tina Termei
Senior Corporate Counsel, Global Trade
Amazon Web Services (Seattle, WA)

Moderator:

David W. Addis
Of Counsel
Covington & Burling LLP

  • A comprehensive review of the BIS rule
  • Clarification of how ITAR and OFAC address the cloud
  • Traversing considerations for infrastructure as a service (IaaS), Platform as a Service (PaaS), Software as a Service (SaaS)
  • Reconciling Commercial vs. Government Cloud
  • DFARS, National Institute of Standards & Technology (NIST) 800-171, and U.S. Export Controls.
  • Practical examples of how companies are navigating compliance with these types of solutions

2:30
TEST YOUR KNOWLEDGE: AUDIENCE POLLING SESSION
Laptops, E-Mails and Cell Phones: How to Protect Data Abroad and Top Tips for Your Employees When They Travel

Antoinette D. Paytas
Partner
Thomsen and Burke LLP

Sarah Black Perry
Associate Counsel, Global Trade GBS, General Counsel Staff Office of the General Counsel
Raytheon Company

  • How to use IT security software such as DLP to pull data back onto U.S. servers
  • Which countries have import/use restrictions on encryption items?
  • Concerns about accessing company networks and downloading while abroad
  • Reconciling BIS and ITAR license exceptions
  • Practical examples of travel procedures and clean device requirements

3:15
Networking Break
3:30
THE INTERSECTION OF CYBERSECURITY & EXPORT CONTROLS
Practical Considerations for Implementing New Encryption Requirements

Jeffrey Schwartz
Senior Global Trade Counsel Ethics and Compliance Office
Hewlett-Packard Enterprise

Ajay Kuntamukkala
Partner
Hogan Lovells

  • What the new regulations cover and corresponding license requirements and license exceptions
  • What the regulatory updates under the Wassenaar Arrangement entail
  • The DoD cybersecurity requirements for defense contractors that provide cloud services
  • Safeguarding Covered Defense Information (CDDI)

4:30
WHAT TO EXPECT AFTER THE TRUMP TARIFFS
How to Protect Controlled Technology When Investing Abroad In Problematic Countries

Jennifer Maki
International Trade Compliance Director & Senior Counsel
United Technologies

David Reibel
Senior Vice President & General Counsel
Rocket Software

The Trump Administration is imposing tariffs, in large part to deter problematic countries from forced technology transfers.

This session will offer best practices for managing technology transfers in order to obtain necessary export licenses, and advice on minimizing supply disruption risk to avoid increased stressing of your supply chain.

5:15
End of Day One

Day 2 - Thursday, February 7, 2019

7:45
Continental Breakfast
8:30
Conference Co-Chairs’ Remarks
8:45
STAYING COMPLIANT WITH RAPIDLY CHANGING ECONOMIC SANCTIONS
How to Strengthen Your Compliance Program to Avoid Potential Sanctions Landmines

Joseph Burke
Chief Ethics & Compliance Officer
Quest Software, Inc.

Jeff Sammon
Director, Trade Compliance, Sanctions & ITAR Controls
Microsoft

Marwa M. Hassoun
Partner
Arent Fox LLP

  • Practical tips to stay compliant with the latest sanctions restrictions on Russia, Iran, Venezuela, and North Korea.
  • How to work with OFAC to secure necessary licenses
  • Working effectively with your compliance team on complex transactions
  • Strategies to train your team on rapidly changing rules

9:45
M&A DUE DILIGENCE HOT BUTTONS
What’s the Big Deal?: Investments Involving U.S. Companies with Foreign Parties

Joseph Murray
Director, Global Compliance Spirit
Aerosystems

Kathleen Dohmlo
Global Compliance Counsel
Global Privacy & Compliance

Moderator:

Nate Bolin
Partner
Drinker Biddle & Reath LLP

  • Assessing national security and CFIUS concerns that will have an impact on foreign investment and M&A
  • How to review the adequacy of their technology control plan
  • Tips for surveying their licenses and use of license exceptions for compliance
  • Considering their practices for hiring and vetting foreign nationals
  • Evaluating whether they have evaluated all of their technologies for export controls
  • What kind of export controlled activity, classified contracts, and defense contracts does the target company have

10:45
Networking Break
11:00
REGULATORY ENFORCEMENT INTERVIEW
Lessons Learned from Recent Enforcement Actions and What to Expect for 2019

Elizabeth L. D. Cannon
Deputy Chief for Export Control and Sanctions Counterintelligence and Export Control Section
National Security Division, U.S. Department of Justice

Moderator:

Ronald I. Meltzer
Senior Counsel
WilmerHale

  • Best practices for working effectively with the DDTC, BIS, OFAC and the DOJ
  • When, how and who to disclose to, when you discover and unintentional breach
  • Opportunities for voluntary disclosure and their role in prosecutions/li>
  • Understanding your legal obligation to disclose information

12:00
EAR & ITAR LATEST DEVELOPMENTS
Dealing with Dual Regimes: Tips for the Protection of Export-Controlled Technical Data

Jonathan Kim
Trade Compliance Manager
Cree

Brent Missimer
International Trade Compliance Counsel
Leidos

Christopher B. Stagg
Export Controls & Economic Sanctions Attorney
Stagg P.C.

  • Understanding the differences between the definitions of export in the ITAR and EAR regarding encrypted data
  • Comparing corresponding license exceptions
  • Reviewing the treatment of third country nationals at overseas facilities
  • Analyzing export control classification of technical data
  • Interpreting EAR restrictions v. ITAR restrictions

12:45
Networking Luncheon
2:00
AUDIENCE POLLING
Enforcement, Prosecutions and Voluntary Disclosures

Kent Bossart
Manager, Trade Compliance and Licensing
SES

Daniel Fisher-Owens
Partner
Berliner Corcoran & Rowe LLP (Washington, DC)

In this session, an interactive case study will be presented to the audience. The factual scenario will involve a European company purchasing a product from a U.S. supply chain to manufacture an item. Some of the product being purchased is classified as a series 600 item and the European company sends the item to a proscribed country. The session will discuss issues including, whether there is a mandatory duty to disclose, whether a failure to disclose is a continuing violation for a manufacturer and how the 600 series rules apply in the context of foreign manufactured items.

3:00
HYPOTHETICAL HIRING SCENARIOS
Best Practices for Establishing an Internal Vetting and Hiring Process

Craig Donovan
Director, Global Export Compliance
Intel Corporation

Jahna Hartwig
Associate General Counsel, Trade Compliance
Booz Allen Hamilton

  • How to identify potential and available foreign national candidates
  • An update on discrimination laws, labor and employment laws, and applicable licensing requirements
  • The effect of the EU’s General Data Protection Regulation (GDPR) on obtaining potential employee data

4:00
Q&A PANEL WITH EXPERT SPEAKERS
4:30
Conference Concludes

Cloud Computing From A to Z: How to Safely Store Export Controlled Data

Feb 5, 2019 9:00am - 12:30pm

$600

Speakers

Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati (Washington, D.C.)

Maria Assusa
Director, Corporate Export Control
ManTech International Corporation (Herndon, VA)

What is it about?

As more and more data is stored in the cloud, U.S. trade control issues are a common challenge for most companies. This comprehensive and interactive workshop will examine topics including:

  • Who is responsible for knowing and communicating the export jurisdiction/classification of the data?
  • What are the different requirements if the data are ITAR or EAR controlled?
  • How are the trade compliance requirements maintained among the different players?
  • Who has responsibility for identifying, correcting and reporting a trade compliance issue if it arises?
  • How is reporting of the problem carried out (both to the USG and to others, including customers/vendors, etc.)?
  • What corrective steps would help prevent a recurrence of the problem?
  • What should be stored in the cloud?
  • What are your due diligence responsibilities as an exporter or user of the cloud?
  • What responsibilities are there of the cloud service provider?

Managing Your Global Workforce: Proven Practices to Streamline Global Export Controls Compliance Efforts

Feb 5, 2019 1:30pm - 5:00pm

$600

Speakers

Joseph Kim
Senior Director
Xilinx

John Pisa-Relli
Managing Director, Global Trade Compliance
Accenture

What is it about?

The objective of this working group is to identify challenges in managing global export compliance for a company with your workforce operating under many different jurisdictions. Session leaders will discuss policy, procedures, systematic processes to manage the challenges, including:

  • Managing the global workforce in line with your export authorizations and agreements
  • Strategic planning to decide the right vehicles of authorization for your employees and contractors
  • It’s more than juggling! How to efficiently manage export compliance, hiring, and anti-discrimination
  • Managing the global movement of employees during migrations, relocation of ExPats, and contractors deployed throughout your global network
  • How to respond to the follow common scenarios:
    • Expiration of authorization
    • Non-U.S. employee transfers to a different program
  • Reconciling varying jurisdictional compliance requirements
  • Managing regional authorization requirements with global compliance objectives
  • Creating a culture of international collaboration and foreign national participation