Day 1 - Friday, June 12, 2020

8:00
Opening Remarks
8:05
Impact of COVID-19 on Export Controls

Melissa L. Duffy
Partner
Dechert LLP

8:20
Focus on Intellectual Property: How to Effectively Use Commercial Measures to Protect Your Technology

Joseph Burke
Assistant General Counsel ,Employment, Privacy and Corporate Compliance
Quest

Liz Johnson
General Counsel
SonicWall (San Jose, CA)

  • Commercial strategies to protect your technology abroad
  • How to negotiate IP licensing agreements and non-disclosure agreements
  • Ensuring that your contract manufacturers and JV partners protect your technology
  • R&D scenarios and pitfalls

9:20
Deep Dive on Export Controls Regulation of Technology Transfers

Bill Oswald
Government and Regulatory Affairs Executive - Export Regulation Organization
IBM

Kathleen Gebeau
Senior Director, Export Compliance
Qualcomm

  • How to define technology under the export control regulations
  • Exemptions to technology regulation: published technology, fundamental research, nonproprietary systems descriptions
  • When is technology subject to U.S. jurisdiction
  • What are the steps for determining whether export authorization is required
  • What are the types of authorizations available

10:15
Break
10:45
Human Resources Best Practices: Establishing an Internal Hiring and Monitoring Process for Your Global Workforce

Jonathan Kim
Manager, Global Trade Compliance
Cree (Durham, NC)

Matthew Silverman
Senior Export Controls Manager
ASML (Chandler, AZ)

Part-1 Onboarding: Navigating the Line between Export Controls and Anti-Discrimination Laws

  • Risks of deemed export noncompliance
  • An update on anti-discrimination laws and their intersection with export controls
  • What is permissible when screening for nationality to satisfy export control requirements
  • Working with HR to on how to properly communicate and document nationality and export control issues with job candidates
  • How to incorporate export compliance in job descriptions and offer letters

Part-2 Ongoing Requirements: Tracking Compliance with Technology Controls for Existing Employees

  • Keeping track of changes in job descriptions and requirements for access to technology
  • Tracking changes to nationality status in compliance with employment, anti-discrimination, and privacy laws
  • Managing the global movement of employees during relocation and transfers to new roles involving access to technology
  • Managing the global workforce in line with your export authorizations

11:45
ITAR and EAR Authorizations: Technology Licensing Requirements and How to Benefit from License Exceptions

Alexandra Lopez-Casero
Partner
Nixon Peabody LLP (Boston, MA)

Caroline Murray Walsh
Senior Counsel and Director, Global Trade
Raytheon Company (Arlington, VA)

  • Export control classification of technical data
  • Interpreting EAR restrictions vs. ITAR restrictions
  • Best practice methods and procedures to make the most of EAR and ITAR license exceptions
  • The treatment of dual and third-country nationals at overseas facilities
  • Record-keeping and reporting requirements

12:45
Lunch Break
1:30
Regulatory Update on Proposed New Technology Controls

Michael Lutz
Senior Director, Global Trade Compliance
Nvidia

Jocelyn Brown
Senior Manager Global Export
Cisco Systems (San Francisco, CA)

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

  • Emerging and foundational technologies
  • De Minimis and Foreign Direct Product Rule, what does the future hold?
  • How to position your company to cope with regulatory changes impacting your technology
  • Strategies for engaging with the regulators

2:30
Technology Control Plan (TCP) Roundtable Discussion: How to Establish and Maintain a Robust Compliance Program

Melissa L. Duffy
Partner
Dechert LLP

Rebecca Napolitano
Senior Counsel, Global Trade Legal Intel Legal Department
Intel Corp.

  • How to establish a plan to secure your technology, tailored for your type of organization
  • Best practices for IT controls and network access rights
  • Tips for facility management and physical security
  • How to manage travel and hand-carried data exports
  • How to ensure your R&D, JV, and other business partners comply with export control rules when handling your technology

3:30
Virtual Cocktail Hour