Day 1 - Thursday, August 13, 2020

10:00
Co-Chair Opening Remarks

Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati

Wendy Wysong
Partner
Steptoe & Johnson LLP

10:15
BIS Keynote

Matthew Borman
Deputy Assistant Secretary of Commerce for Export Administration
U.S. Department of Commerce

10:45
The Entity List and Your Business Relationships: Resolving Hidden Pitfalls Affecting Due Diligence, Compliance and Reputational Risk

Kami Leiman
VP, Global Trade Policy and Compliance
GlobalFoundries

Peter Lichtenbaum
Partner
Covington & Burling LLP

Carmen Fellows
VP, International Trade Governance, Business Development Office
Leonardo DRS, Inc

  • What are the restrictions that typically apply under the Entity List? How do they differ from other prohibited party lists issued by the government including the SDN list, Denied Party list, Unverified list and Debarred Party list?
  • What is the process the government uses to designate companies on the Entity List? Is there a process to seek removal from the List? What are the challenges there?
  • How do the Entity List restrictions apply to parents, subsidiaries or other affiliates of listed persons?
  • The Huawei listing: how should companies interpret the new “direct product” rule? What are the key interpretive issues? What are the prospects for changes to the rule or BIS guidance?
  • Other recent designations, e.g. related to Xinjiang
  • Other considerations: reputational risk, contractual considerations, etc

11:45
Break
12:15
DOJ Interview – China Initiative, National Security and Export Enforcement

John Demers
Assistant Attorney General for National Security
U.S. Department of Justice

Interviewed by

Edward O’Callaghan
Partner
Wilmer Hale
Former Principal Associate Deputy Attorney General, U.S. Department of Justice

12:45
Hypothetical Exercises-What Would You Do If…: How to Apply the Military User and End-User Regulations

Kathleen Palma
Senior Executive, International Trade Compliance
GE

Gary L. Stanley
President
Global Legal Services, PC

A unique, interactive opportunity to compare your approach to resolving complex, high stakes scenarios. Participate in user-friendly, anonymous polling, and compare notes on applying this new export control regulation.

The session will take you through three scenarios and how to apply this rule accordingly.

1:30
The Lengths and Limits of License Requirements and Exceptions: Navigating the Grey Areas of License CIV, Anticipated APR Changes and the Foreign Direct Product Rule

Kay Georgi
Partner
Arent Fox

Eileen Albanese
Director of the Office of National Security and Technology Transfer Controls
Bureau of Industry and Security

  • Why did BIS eliminate license exception CIV?
  • Why is BIS proposing to eliminate APR?
  • Practical pointers for obtaining flexible licensing replacements for CIV and APR
  • How should companies interpret the new foreign “direct product” rule?
  • What are the key interpretive issues?
  • When are items “produced or developed” by Huawei? What level of technical contribution does it take?
  • Is the rule triggered when the shipments are directed by Huawei to third parties?
  • What are the prospects for changes to the rule or BIS guidance?

2:15
Break
2:45
The Crossover of Critical Technologies with CFIUS: Clarifying the New Requirements and Real-World Impact for Deals Coming Down the Pipeline

Kevin Wolf
Partner
Akin Gump Strauss Hauer & Feld LLP

Alan Levesque
Senior Managing Director
Former CCO, Raytheon

Ankura (Washington, DC)

  • Connection between export controls and CFIUS re export controls
  • Reason for this connection
  • Standards for identifying emerging technologies
  • Prospects for future changes

3:30
Focus on Hong Kong: The Future of Exports, Re-Exports and Sanctions-and How to Stay Compliant

Christopher R. Wall
Partner
Pillsbury Winthrop Shaw Pittman LLP

Wendy Wysong
Partner
Steptoe & Johnson LLP

  • Special status of Hong Kong in US legislation
  • Consequences of determination that Hong Kong is not autonomous
  • Export and reexport requirements that would apply if special status is revoked
  • Hong Kong Autonomy Act and potential sanctions on foreign financial institutions

4:15
Predicting the Future of U.S.-China Trade Relations and Export Controls: What to Watch Out for Post-Election

Peter Harrell
Adjunct Senior Fellow
Center for a New American Security

Matt Bell
Senior Managing Director, Forensic & Litigation Consulting
Practice Leader - Export Controls and Sanctions

FTI Consulting, Inc.

  • Current state of U.S.- China relations
  • Crystal ball readings into the future from both potential election outcomes
  • Will the increased tariffs remain?
  • The future of controls on Hong Kong
  • Trade Policies through targeting of specific Chinese companies
  • Potential retaliation from China

4:45
What’s Keeping You Up at Night? Dialogue with In-House Decision-Makers

Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati

Ken Carlstedt
Director, Global Trade Compliance
Sensata Technologies

Jen Maki
Director, Global Trade Compliance
Micron

Submit your questions anonymously in advance to our faculty of in-house decision-makers to discuss topics that are top of mind.

Speakers will also share concrete examples and takeaways for addressing evolving, complex challenges affecting he future of your program and business.

5:30
Closing Remarks