U.S.-China Trade Controls

Chairperson Opening Remarks

Kevin Cuddy
Government & Regulatory Affairs Executive
IBM

Christine (Smith) Savage
Partner
King & Spalding LLP

AUDIENCE POLLING

THE ENTITY LIST: WHAT’S KEEPING YOU UP AT NIGHT? MEU, MIEU and CCMC Regulations: New Enforcement Risks— and the Hidden Lessons for Updating Compliance and Licensing Practices

Nancy Fischer
Partner
Pillsbury LLP

Rich Ashooh
Vice President Global Government Affairs
Lam Research (Former Assistant Secretary of Commerce for Export Administration)

• The nuances across the different scopes and sources of prohibitions regarding each set of Chinese trade control policies
• Key guidance on compliance, licensing requirements and heightened due diligence requirements for potential dual-use sales and technology transfers
• How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC Regulations
• Amendments to the Export Administration Regulations (EAR) to expand license requirements on exports, re-exports, and transfers of items intended for military end use (MEU) and military-intelligence end users (MIEU) in China
• Trends in license applications, approvals and denials-and lessons learned

Status and Impact of the Endless Frontier Act and Strategic Competition Act of 2021: Unpacking the Requirements, Geopolitical and Compliance Implications

Mario Palacios
Senior Director, Government Affairs & Head of International Trade Policy
Applied Materials

• To what extent the Endless Frontier Act helps to keep the U.S. economically competitive against China
• Trade policies introduced in the Strategic Competition Act to counter human rights violations, supporting democracy in Hong Kong, and addressing forced labor and other abuses in Xinjiang
• Understanding human rights violations and forced labor compliance and mitigation
• Licensing requirements and enforcement mechanisms contemplated in the new legislation
• Geopolitical factors affecting the nature, scope and fate of the bills

Break

Keynote Address

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

Emerging and Foundational Technologies: Key Takeaways on the Proposals, Due Diligence Requirements and The Business Aftermath

Barbara Linney
Partner
BakerHostetler LLP

Josh Fitzugh
Vice President Global Trade
Flex

Larry Fink
Senior Assistant General Counsel and Vice President
Leidos

• Where things stand and where they are headed: Identification and review of controls for certain emerging and foundational technologies
• Insights into the new requirements, compliance, and due diligence mechanisms
• Impact of controls on development, manufacturing, and supply chain of technologies in the U.S.

1:1 Meet-Ups

Break

China’s New Export Control Law, Guidance, and the Interplay of Blocking Statutes: Clarifying Compliance Expectations for Industry—and Mitigating the Risk of Violations

Bingna Guo
Partner
White and Case LLP

Surabhi Madan
Director, Senior Global Legal Counsel
ASM International

Cristina Brayton-Lewis
Partner
White & Case LLP

• Chinese blocking statutes control lists and industries affected by the new law
• Geopolitical influences on Chinese trade export policies
• Chinese rules to combat “extra-territorial application of foreign laws” and its effects on U.S. multinationals
• Best practices for U.S. companies to develop compliance programs under new Chinese export control laws

AUDIENCE POLLING

Data Transfers and Monitoring: How Industry is Strengthening Policies, Procedures and Employee Training

Kathy King-Madrid
Director of Compliance
Leonardo DRS

Randall Cook
Senior Managing Director
Ankura

• Monitoring, tracking and controlling the transfer of sensitive technical data
• Updating your comprehensive company-wide compliance policy and training program
• Conducting a thorough internal investigation and self-reporting data transfer violations
• Lessons learned from the Honeywell case

Afternoon Break

Fireside Chat

Elizabeth Cannon
Deputy Chief for Export Control and Sanctions
U.S. Department of Justice.

Jeremy Zucker
Partner
Dechert LLP

The Known and Lesser-Known Impact of Recent Developments on the Semiconductor Industry and Global Supply Chain

Chris Gondara
Director of Trade Compliance
Marvell Technology Inc., Marvell Semiconductor Inc.

Matt Bell
Senior Managing Director
FTI Consulting

Amy Papendorf
Director of Export Compliance
Qualcomm

• BIS introduction of new rules to further restrict the access of Chinese technology companies
• The interplay of export compliance, semiconductor manufacturing and production shortages hurting technology and automotive industries
• Export controls linked to CFIUS jurisdiction for transactions involving semiconductor technologies

ICTS Rule: Key Updates on ICTS Implementation—and Anticipated Challenges

Caroline Brown
Partner
Crowell & Moring LLP
(Former DOJ & Treasury Official)

Sarah O’Neal
Partner, Associate General Counsel, Global Trade
Microsoft

• Implications of the BIS review process for companies operating in the ICTS sector
• Guidelines for the licensing process requests to engage in ICTS transactions
• Complying with the new rules and mitigating any potential impact this new review process may have for companies in the ICTS sector

Co-Chairs’ Closing Remarks