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

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?