Pre-Conference Workshops

A Deep Dive into Classification Dos and Don’ts: Practical, In-Depth Case Studies on How to Apply the Latest U.S. and Canadian Definitions and Guidance from Government Agencies

Jan 30, 2017 9:00am – 12:30pm

Speakers

Stephen Propst
Partner
Hogan Lovells (Washington, DC)

Jill Fisher
Compliance Officer Trade Compliance Management
General Dynamics Land Systems – Canada (London, ON)

Clifford Sosnow
Partner
Fasken Martineau DuMoulin LLP

A Comprehensive Review of Your Obligations Under the Controlled Goods Regulations: Everything You’ve Wanted to Know, But Were Afraid to Ask

Jan 30, 2017 1:30pm – 5:00pm

Speakers

Pascal Girard
Director
Controlled Goods Directorate (Ottawa, ON)

Jean-Marc Clement
Principal
Clement Law Offices Inc. (Montreal, QC)

Day 1 - Tuesday, January 31, 2017

8:30
Co-Chairs’ Opening Remarks
8:45
Canadian Export Briefing: Timely Updates and Q&A from DFATD and Public Works
9:45
Keynote Address: The Latest on U.S. Export and Re-Export Requirements
10:15
U.S. Department of State Keynote Address: Update on Defense-Related Export Controls
10:45
Networking Break
11:00
How to Resolve Conflicts between “Specially Designed” and “Designed or Modified” Interpretations, and Other Classification Conundrums in the U.S. and Canada
12:00
Cloud Computing & Data Security in Practice: How Industry in Canada is Addressing the Latest Grey Areas in U.S. and Canadian Regulatory Guidance
1:00
Networking Luncheon
2:15
The Latest Best Practices for Avoiding Conflicts with Human Rights Laws when Employing and Transferring Dual/Third-Country Nationals
3:15
Controlled Goods Security Standards in Practice: First-hand Insights on How to Comply with the CGP’s Enhanced Security Strategy
4:00
Networking Break
4:15
U.S./Canadian Export and Re-Export Compliance Dilemma Hypothetical Exercises: What Would You Do If…
5:30
Conference Adjourns to Day Two

Day 2 - Wednesday, February 1, 2017

8:30
Co-Chairs’ Opening Remarks
8:45
Large, Medium and Small: Right-Sizing Your Global Export Management and Compliance Program
10:00
Focus on the Canadian Exemption: Biggest Missteps to Avoid when Applying the Latest Changes and Regulatory Guidance to Best Leverage ITAR 126.5
11:00
Networking Break
11:15
Inside a U.S. Government Investigation in Canada and Cooperation with the Canadian Authorities
12:00
When Things Go Sideways: From Incident Report to Internal Investigation to Voluntary Disclosure
1:00
Networking Luncheon
2:15
Overcoming Conflicts of Law in Economic Sanctions: Best Practices in Screening and Due Diligence for Risk Mitigation
3:15
Networking Break
3:30
Global Supply Chain Roundtable Discussion: The Latest Strategies on How to Work with All Partners to Meet Classification and End-Use/End-User Requirements
4:30
Conference Concludes

Day 1 - Tuesday, January 31, 2017

8:30
Co-Chairs’ Opening Remarks

Kenneth Purchase
Director, International Trade Compliance
Pratt & Whitney Canada (Longueuil, QC)

Bryce Moroz
Controlled Goods Designated Official, Export Compliance Officer
Celestica International (Toronto, ON)

8:45
Canadian Export Briefing: Timely Updates and Q&A from DFATD and Public Works

Pascal Girard
Director
Controlled Goods Directorate (Ottawa, ON)

Wendy Gilmour
Director General, Trade Controls Bureau
Foreign Affairs, Trade and Development Canada (Ottawa, ON)

Gain insights from senior Canadian government officials from both Foreign Affairs, Trade and Development and the Controlled Goods Directorate for a comprehensive update on the state of Canadian export controls. Key topics addressed include:

  • Extent of alignment between Canadian export controls and U.S. reforms
  • Recent changes, plans and priorities through 2017
  • Status update on the Excol online permit application system, conversion to EICS II
  • Understanding implications of the UN Arms Trade Treaty to Canadian industry, including potential brokering obligations
  • Controlled Goods “Enhanced Security Strategy” (ESS) update
  • Update on Controlled Goods inspection/audit expectations

9:45
Keynote Address: The Latest on U.S. Export and Re-Export Requirements

Matt Borman
Deputy Assistant Secretary for Export Administration
Bureau of Industry & Security

U.S. Department of Commerce (Washington, DC)

  • State of the Commerce Department, plans and priorities for 2017
  • Update on Export Control Reform – What has been done? What is left?
  • Revised EAR definitions, including “export”
  • Cloud Computing regulations, guidance and advisory opinions
  • “Higher fence” enforcement approach update

10:15
U.S. Department of State Keynote Address: Update on Defense-Related Export Controls

Robert Hart
Acting chief, Office of Defense Trade Control Policy
Regulatory and Multilateral Affairs Division in the Department of State (Washington, DC)

  • Update on the State Department plans and priorities for 2017
  • ITAR “potential access” control revisions
  • Anticipated release of additional definition harmonization, reformed categories, cloud computing guidance, etc.

10:45
Networking Break
11:00
How to Resolve Conflicts between “Specially Designed” and “Designed or Modified” Interpretations, and Other Classification Conundrums in the U.S. and Canada

Barbara D. Linney
Member
Miller & Chevalier Chartered (Washington, DC)

Selena Hui-Garreaud
Directrice, Contrôles à l'exportation /
Director, Export Controls Contrats et Services juridiques

Contracts and Legal Services Bombardier -
Avions commerciaux / Commercial Aircraft (Montréal, QC)

  • Where do U.S. and Canadian export control classifications harmonize? Where do they differ? As a global organization, how can you effectively manage both?
  • How to plan your classification approach when your products or component parts moved from the USML to the CCL 600 series but haven’t reformed on the Canadian ECL
  • What are the differences in the U.S. specially designed “catch” and “release” and the Canadian “designed or modified” concept? How do you go about reconciling these differences?

12:00
Cloud Computing & Data Security in Practice: How Industry in Canada is Addressing the Latest Grey Areas in U.S. and Canadian Regulatory Guidance

Darren Riley
Partner
Huffman Riley (Washington, DC)

Monique Laneville
Senior Program Manager, International Trade Compliance
UTC AEROSPACE SYSTEMS

  • Review of Commerce’s cloud computing regulations, guidance and advisory opinions
  • How do you go about managing the growing intersection of cybersecurity and export controls?
  • When and how to report cybersecurity incidents to U.S. export agencies
  • What constitutes acceptable IT practices and cybersecurity precautions under the ITAR and EAR? What Canadian regulatory guidance or best practices are available?
  • Implementing safeguards for technical data on laptops, mobile and other devices for employee travel
  • Best practices for tracking technical data in the cloud

1:00
Networking Luncheon
2:15
The Latest Best Practices for Avoiding Conflicts with Human Rights Laws when Employing and Transferring Dual/Third-Country Nationals

Brett Nelson
Compliance Manager
FAG Aerospace Inc. (Stratford, ON)

Gary Stanley
President
Global Legal Services, PC (Washington, DC)

  • Understanding different treatment of dual and foreign nationals between the EAR and the ITAR
  • Leveraging the ITAR 126.18 exemption
  • Overcoming challenges associated with dual citizenship and national origin pertaining to employees when your company has controlled technology
  • Adapting global screening processes to meet Canadian security requirements
  • How to recruit/hire foreign nationals and complete a security questionnaire without violating Canadian privacy and human rights laws?
  • U.S. export controls language to incorporate into offers, employment agreements and non-disclosure agreements

3:15
Controlled Goods Security Standards in Practice: First-hand Insights on How to Comply with the CGP’s Enhanced Security Strategy

Bruce Latimer
President & General Counsel
L-3 Communications Electronic Systems (Toronto, ON)

Michael Woods
Senior Partner
Woods, LaFortune LLP (Ottawa, ON)

Selena Hui-Garreaud
Directrice, Contrôles à l'exportation / Director, Export Controls
Contrats et Services juridiques / Contracts and Legal Services
Bombardier - Avions commerciaux / Commercial Aircraft (Montréal, QC)

Agenda

  • Security assessments/certifications and compliance standards
  • Canadian Controlled Goods Directorate “Enhanced Security Strategy” (ESS) implementation challenges
  • Best practices for Designated Officials in conducting security assessments
  • Evaluating security plan effectiveness and implementing corrective action where needed
  • Reconciling Controlled Goods certification requirements with the EAR and ITAR

4:00
Networking Break
4:15
U.S./Canadian Export and Re-Export Compliance Dilemma Hypothetical Exercises: What Would You Do If…

Kenneth Purchase
Director, International Trade Compliance
Pratt & Whitney Canada (Longueuil, QC)

Joe Gustavus
Senior Principal
MillerCanfield (Troy, Michigan)

Turning theory into practice, this interactive session addresses some top export classification and compliance dilemmas. The exercises will address common, but complex challenges encountered by industry when applying Canadian and U.S. export control requirements.

5:30
Conference Adjourns to Day Two

Day 2 - Wednesday, February 1, 2017

8:30
Co-Chairs’ Opening Remarks

Kenneth Purchase
Director, International Trade Compliance
Pratt & Whitney Canada (Longueuil, QC)

Bryce Moroz
Controlled Goods Designated Official, Export Compliance Officer
Celestica International (Toronto, ON)

8:45
Large, Medium and Small: Right-Sizing Your Global Export Management and Compliance Program

Melissa Mason
Trade Compliance Specialist
Standard Aero Ltd. (Winnipeg, MB)

Bryce Moroz
Controlled Goods Designated Official, Export Compliance Officer
Celestica International (Toronto, ON)

Larry Vonckx
General Counsel
IFS North America (Itasca, IL)

  • Benchmarks depending on your company size, and common compliance threads no matter the size of your organization
  • Implementing a continuous improvement methodology into your export management and compliance program
  • Best practices in testing, auditing and measuring the effectiveness of your controls
  • Managing a holistic compliance program with multiple sets of regulations, including the U.S., Canadian and others
  • Compliance automation and how to leverage the right compliance tools for your organization

10:00
Focus on the Canadian Exemption: Biggest Missteps to Avoid when Applying the Latest Changes and Regulatory Guidance to Best Leverage ITAR 126.5

Bryce Moroz
Controlled Goods Designated Official, Export Compliance Officer
Celestica International (Toronto, ON)

Kay Georgi
Partner
Arent Fox LLP (Washington, DC)

  • Who can use the Canadian Exemption and when, including its application to defense services and technical data
  • Understanding the most recent regulatory guidance from DDTC
  • Overcoming challenges with transferring products from one Canadian company to another when the end-user doesn’t change
  • Recordkeeping and reporting requirements associated with the Canadian Exemption

11:00
Networking Break
11:15
Inside a U.S. Government Investigation in Canada and Cooperation with the Canadian Authorities

Ronald Marcell
Assistant Attaché
Homeland Security Investigations (Toronto, ON)

  • How U.S. enforcement officials will treat suspected and actual violations
  • What triggers suspicion amid ongoing reforms?
  • Coordination between U.S. and Canadian agencies, case referrals
  • Understanding administrative, civil and criminal penalties

12:00
When Things Go Sideways: From Incident Report to Internal Investigation to Voluntary Disclosure

Elliot J. Burger
Director, Global Compliance, Legal Counsel
ATS Automation Tooling Systems Inc. (Cambridge, ON)

Milos Barutciski
Partner
Bennett Jones LLP (Toronto, ON)

Thaddeus McBride
Partner
Bass Berry (Washington, DC)

An interactive panel comprised of experienced in-house and external counsel will use a hypothetical scenario to walk through the paces from discovery of potential non-compliance through preliminary assessment and investigation to the decision to make a voluntary self-disclosure. The speakers will address multi-agency issues, including export controls, ITAR/CGD and sanctions issues, as well as the strategic and tactical considerations when working in multiple jurisdictions. Issues to be examined will include:

  • Responding to red flags and irregularities and when they warrant an internal investigation
  • Appropriately scoping the internal investigation
  • Multi-jurisdictional exposure and coordination in a global organization
  • Agency guidelines, expectation and requirements for voluntary disclosures (BIS/DDTC/OFAC and GAC/CBSA/CGD/RCMP)
  • New Canadian CGD 3-day disclosure requirement for actual or potential security breach

1:00
Networking Luncheon
2:15
Overcoming Conflicts of Law in Economic Sanctions: Best Practices in Screening and Due Diligence for Risk Mitigation

John Boscariol
Partner
McCarthy Tétrault LLP (Toronto, ON)

Giovanna M. Cinelli
Partner
Chair of the US region’s Export Controls and National Security Practices

Dentons (Tysons, VA)

  • Compare and contrast U.S. and Canadian perspectives on sanctions regulations
    • Iran – practical impact of the JCPOA, and opportunities for certain industries
    • Russia – how sectoral sanctions function in practice and the 50% rule
    • Cuba – overcoming conflict of law between Canada and the U.S.
  • Update on Canadian sanctions regulations, including the latest Belarus guidance
  • Differences in denied party screening in the US and Canada, including lists that must be screened for each
  • Re-transfer issues involving parts and components
  • How are you penalized as a non-U.S., company in terms of extraterritorial sanctions violations?

3:15
Networking Break
3:30
Global Supply Chain Roundtable Discussion: The Latest Strategies on How to Work with All Partners to Meet Classification and End-Use/End-User Requirements

Kate Seaman
Senior Trade Compliance Manager
Esterline, Avionics Systems (St-Laurent, QC)

Arielle Boulanger-Houde
Classification, Export Control & Customs Specialist
Siemens Canada Limited (Dorval, QC)

  • Conducting required due diligence on potential partners: suppliers, freight forwarders, distributors, customs brokers, customers, third parties
  • Understanding the origin of parts and components throughout your supply chain
  • Resolving disagreements with customers and suppliers on classification and licensing
  • How to keep a dispersed network of partners operating under one umbrella of compliance standards?

4:30
Conference Concludes

A Deep Dive into Classification Dos and Don’ts: Practical, In-Depth Case Studies on How to Apply the Latest U.S. and Canadian Definitions and Guidance from Government Agencies

Jan 30, 2017 9:00am – 12:30pm

Stephen Propst
Partner
Hogan Lovells (Washington, DC)

Jill Fisher
Compliance Officer Trade Compliance Management
General Dynamics Land Systems – Canada (London, ON)

Clifford Sosnow
Partner
Fasken Martineau DuMoulin LLP

What is it about?

Even years after U.S. Export Control Reform, categories continue to migrate from the ITAR to the EAR 600 series. Definitions also continue to harmonize between the two sets of regulations, forcing global organizations to continually update classification procedures. However, there are many lingering discrepancies between the U.S. and Canadian regulations. This interactive workshop takes a deep dive into the definitional and classification structures of each regulatory regime, followed by complex classification case studies in both the U.S. and Canadian contexts. Topics will include:
  • Definition analysis across the EAR, ITAR, Canadian ECL and the Controlled Goods Program: What aligns, what doesn’t, and what you can do to overcome discrepancies?
  • Difference in the U.S. “specially designed” and Canadian “designed or modified” approaches
  • Product Transformation – When does an item, during the production process, become “ITAR-controlled”? At what point does a product remain controlled?
  • Technical Data Classification – What happens when two technologies are coming together to create one new product?
  • What happens when products or components fall into more than one category on the Export Control List?
  • How often do you review classifications?
  • Working with Suppliers – With the onus of classification on your supplier, what do you do if the classification is incorrect?

A Comprehensive Review of Your Obligations Under the Controlled Goods Regulations: Everything You’ve Wanted to Know, But Were Afraid to Ask

Jan 30, 2017 1:30pm – 5:00pm

Pascal Girard
Director
Controlled Goods Directorate (Ottawa, ON)

Jean-Marc Clement
Principal
Clement Law Offices Inc. (Montreal, QC)

What is it about?

This interactive and intensive session focuses on the ins and outs of the Canadian Controlled Goods Program requirements, from registration and exemptions to security assessments and inspections. This workshop will not only address the fundamentals of the program, but also the most recent modifications and amendments to the regulations. Topics will include:

  • Understanding your role and obligations within the Controlled Goods Program
  • Canada’s international trade commitments, including Wassenaar and (most recently) the U.N. Arms Trade Treaty
  • Controlled Goods Program’s Enhanced Security Strategy, and your obligations in terms of security standards and assessments
  • Relationship between the Controlled Goods List and USML goods
  • Canadian controls on U.S.-origin goods and technology, and their relationship with U.S. government agencies
  • When do you need to apply for an export permit?
  • Best practices for a Canadian compliance program

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