U.S.-China Trade Controls

Co-Chairs’ Opening Remarks

Kay Georgi
Partner
Arent Fox LLP

Douglas N. Jacobson
Managing Partner
Jacobson Burton Kelley PLLC

Keynote Address

Matthew Borman
Deputy Assistant Secretary of Commerce for Export Administration
Bureau of Industry and Security
U.S. Department of Commerce

The Application of the Entity List to All Parties: How Industry is Strengthening Screening, Compliance, Supply Chain and Human Rights Due Diligence

Ibie Falcusan
Vice President & Chief Export General Counsel
Honeywell

Ajay Kuntamukkala
Partner
Hogan Lovells

• How the Entity List restrictions apply to all parties, including freight forwarders, purchasers, parents, subsidiaries and other affiliates of listed persons
• Updates on recent additions and changes to the Entity List: Evolving restrictions on Huawei Technologies and designated non-U.S. affiliates
• How Entity List restrictions differ from other prohibited party lists, including the SDN list, Denied Party list, Unverified list and Debarred Party list
• The latest best practices for prohibited party screening programs
• Xinjiang Uyghur Autonomous Region (XUAR):
• Updates on the addition of Chinese state-owned and commercial organizations to the Entity List for being “implicated in human rights violations and abuses” in the
• Developing protocols for human rights due diligence, and close monitoring of upstream and downstream supply chain exposure

Break

Keynote Address

The Newest, Unwritten Lessons for Applying Military User and End-User Regulations

Debi Davis
Vice President-Global Compliance
TransDigm Group

Joanne Rapuano
Chief Compliance Officer-North America
Embraer SA

F. Amanda DeBusk
Partner
Dechert LLP

This unique, interactive session will provide an opportunity to work through the latest, most complex dilemmas coming across your desk. Participate in user-friendly, anonymous audience polling to compare notes on applying new export control regulations.

The expert panelists will take you through three scenarios and how to apply complex requirements in practice.

License Requirements and Exceptions

The Foreign Direct Product Rule, License CIV and APR: The Finer Points of Interpreting and Applying Recent Changes-and Managing Their Practical Impact

Christine E. Savage
Partner
King & Spalding LLP

• Increasing number of foreign-made items captured by the EAR, including certain generic, commercial and off-the-shelf items
• What is entailed in the case-by-case review policy for foreign-made items that are capable of supporting the “development” or “production” of telecom systems, equipment and devices at only below the 5G level
• How should companies interpret the new Foreign Direct Product Rule?
• What are the prospects for more changes to the Foreign Direct Product Rule and/or BIS guidance?
• Aftermath of the expiration of the Huawei Temporary General License
• Impact of the elimination of license exception CIV?
• Status of BIS’ proposal to eliminate APR
• Securing flexible licensing replacements for CIV and APR
• When are items “produced or developed” by Huawei? What level of technical contribution does it take?

Break

Controlling Foundational Technologies: Where Are We-and What is Coming Down the Pipeline?

During this interactive discussion, benefit from expert perspectives on the present and future of export controls on foundational technologies. Topics will include:

• Status and impact of the ANPRM: Defining and identifying “foundational technologies”
• How the controls might affect “legitimate commercial or scientific applications”
• Update on industry feedback
• Which technologies are likely to be subject to stricter controls

Critical Technologies, TikTok and CFIUS: Mandatory Filing Requirements, Investigations- and What They Reveal about Committee Approvals Moving Forward

Aimen Mir
Partner
Freshfields Bruckhaus Deringer

Brooks Allen
Counsel
Skadden, Arps, Slate, Meagher & Flom LLP
Former Assistant General Counsel, Office of the U.S. Trade Representative

• Status of the proposed regulation that changes the trigger for mandatory filing
• How CFIUS has looked at deals involving critical technologies
• How to adjust due diligence procedures to account for export controls instead of industry focus
• Potential new categories of investments and foreign investors
• How CFIUS treats “personal data” and “data security”
• Key takeaways from the 2019 Annual Report

Break

Hong Kong on the Eve of the U.S. Election: The Uncertain Future of Exports, Re-Exports and Sanctions-and How to Cover Your Compliance Bases

Led by the Co-Chairs, benefit from expert insights and ask your most pressing questions!

• Special status of Hong Kong in U.S. 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

INTERACTIVE BENCHMARKING

Contingency Planning in Practice: Industry Decision-Makers Discuss U.S. China Trade Relations, Export Compliance-and their Blueprints for Effective Risk Management

Jeff Rittener
Chief Government Affairs Officer; Vice President of Governments, Markets and Trade
Intel Corporation

Kathleen Palma
Senior Executive, International Trade Compliance
GE

Part I: What’s Keeping You Up at Night from Now Until January?

Part II: “Compare Notes” on Your Post-Election Compliance Roadmap-and Strategy for 2021

• Current state of U.S.- China relations, and the impact on export compliance and operations
• 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

Co-Chairs’ Closing Remarks