Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

Elizabeth Cannon
Senior Corporate Counsel, Global Trade
Microsoft
Former Deputy Chief for Export Control and Sanctions, National Security Division
U.S. Department of Justice

Hon. Nazak Nikakhtar
Partner
Wiley Rein LLP
Former Assistant Secretary, Industry & Analysis, International Trade Administration
U.S. Department of Commerce

Fireside Chat

DOJ Special Update on Export Enforcement and the New Disruptive Technologies Strike Force

Matthew Axelrod
Assistant Secretary for Export Enforcement, Bureau of Industry and Security
U.S. Department of Commerce

Matthew Olsen
Assistant Attorney General for National Security
U.S. Department of Justice

Moderator:

Renee Latour
Partner
Clifford Chance

HYPOTHETICAL SCENARIOS

Managing the Real-Life Business Impacts of the U.S. Advanced Computing and Semiconductor Rule: Practical Insights on the Supply Chain Path Ahead

Jared Clark
Senior Manager, Legal and Compliance, Export Controls and Sanctions
ASML

Shama Patari
Executive Director, Legal, Government Relations and Global Trade Regulation
Lenovo

What are the short and long-term computing supply chain impacts of BIS’ latest China-focused export controls covering semiconductors and supercomputing technology? As with any complex and novel export control rule involving innovative technologies and supply chains, many anticipate that the new rules will likely have unintended consequences. Might the controls backfire without buy-in from foreign partners and allies?

This panel of experts will address the future of the U.S. microelectronics sector and supply chain amid unprecedented regulatory change.

Extended Networking Break

Case Studies

Maintaining Business Relations with China Amid an Unprecedented Period of Increased Export Compliance and Enforcement Risks: The Latest Best Practices for Aligning Business, Operations, Compliance and Risk Management

Hena Schommer
Director, Trade Legal
Applied Materials

Eva Hampl
Senior Director, Global Government Affairs
Dell

• Leveraging joint ventures to maintain select China operations
• What are the business thresholds for maintaining China operations?
• What are the impacts of China’s US export control/sanctions countermeasures on businesses in China: The relationship between The Anti-Foreign Sanction Law, Unreliable Entity List and the Blocking Order
• Completing the factual and legal due diligence and analysis needed to achieve clarity about the status of your business with China under international trade restrictions

Managing Cross Border Technology and Data Transfers Under China CAC Requirements: Aligning Risk Mitigation for Export Controls, Licensing Requirements, and Data/IP Protection to Achieve Compliance and Maintain a Competitive Advantage

Christina Zanette
Assistant General Counsel, Export Compliance
Honeywell

Larry Ward
Partner
Dorsey & Whitney LLP

• How to define technology under the export control regulations
• When is technology abroad subject to U.S. jurisdiction?
• Exemptions to technology regulation: published technology, fundamental research, nonproprietary systems descriptions
• Technology licensing requirements
• What are the steps for determining whether export authorization is required?
• What are the types of authorizations available?
• Best practice methods and procedures to make the most of EAR and ITAR license exceptions
• The treatment of dual and third-country nationals at overseas facilities
• Protecting your technology
• How to negotiate IP licensing agreements and non-disclosure
• agreements
• R&D scenarios and pitfalls
• Building a robust compliance program
• How to manage travel and hand-carried data exports
• Best practices for IT controls and network access rights

Lunch

AI, BCI and More Emerging Technologies: Perspectives on the Next Wave of New, Anticipated Export Controls

Jai Singh Arun
Head of Product Management and GTM Strategy
IBM

Josephine Aiello LeBeau
Partner
Wilson Sonsini Goodrich & Rosati

• Brain computer interface technologies (BCI): BIS’ Advance notice of proposed rulemaking (ANPRM) that would question BCI’s ethical and policy issues
• Potential new license requirements for surveillance technologies used for crowd control, facial recognition, machine learning, and biometric/AI technologies
• Potential controls around quantum computing
• State of BIS’ review of China-related export controls for surveillance technologies
• Factors to be considered in classification and licensing requirements
• Big picture trade compliance implications and how to work with the engineering teams to get the data required for classification

Networking Break

The Current and Future State of US/China Trade: Outbound Investment, Export Controls and Sanctions

Anna Puglisi
Senior Fellow, Center for Security and Emerging Technology (CSET)
Georgetown University

Tensions between the U.S. and China began to sour when the Trump Administration took a hard economic stance against China and started a trade war in 2018. Amid the Biden administration, there has been no luck in settling tensions, with Biden now trying to slow the growth of the Chinese tech sector. What can industry expect around further China trade restrictions here forward, as US/China trade tensions only continue to mount?

AUDIENCE POLLING AND INTERACTIVE BENCHMARKING

Integrating Export Controls and Sanctions for an Optimal Compliance Program: Revisiting Your Organization’s Risk Profile and Detecting Program Weak Spots

Xu Bing
Chief Counsel, Global Trade Controls
Rolls-Royce
(WSN Member)*

Cristina Brayton-Lewis
Partner
White & Case LLP

Panelists will describe the evolution of their sanctions and export control compliance programs, lessons learned, what tools they have used, and other hallmarks of a best-in-class program to maintain compliance while maintaining supply due diligence and keeping supply chains moving.

• Delve into certain components that companies have integrated within their current processes
• Industry specific challenges – Semiconductor companies, telecommunication companies, aerospace companies, O&G, etc.
  • Program differences and similarities between industries
• Working with verified entities – How much due diligence is enough?
• How to conduct a sanctions risk assessment as part of your compliance program
• Keeping up with evolving export control requirements
  • Assessing the benefits of self-disclosure amid a possible violation
• Getting buy-in for compliance efforts from the top down
• Resource challenges: Getting top down buy-in
  

Close of Day One

Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

Elizabeth Cannon
Senior Corporate Counsel, Global Trade
Microsoft
Former Deputy Chief for Export Control and Sanctions, National Security Division
U.S. Department of Justice

Hon. Nazak Nikakhtar
Partner
Wiley Rein LLP
Former Assistant Secretary, Industry & Analysis, International Trade Administration
U.S. Department of Commerce

THE UFLPA

UFLPA Compliance and Your Broader International Trade Compliance Program

Aaron Gothelf
Principal Counsel – Global Trade
The Walt Disney Company

David Lynch
Global Head of Analytical Solutions
Sayari

Cindy Owens
Vice President, Legal, Trade Counsel
Polaris Inc.

Meredith Rathbone
Partner
Steptoe & Johnson LLP

For importers trying to bring in goods from China’s XUAR region, ramped-up enforcement could mean an unexpected increase in inspections of shipments to determine place of origin. Knowing how to prepare can make all the difference between delayed and on time.

• What documentation is needed for importers to demonstrate that goods were not produced in whole or in part in the XUAR region?
• What are the emerging counterpart laws in other countries that are driving further forced labor controls?
• UFLPA Compliance: Proving Source of Origin
• Supply chain tracing information
• Evidence pertaining to merchandise or any component thereof
• Evidence pertaining to miner, producer, or manufacturer
• Request an exception to the rebuttable presumption
• Commodity-specific supply chain tracing documentation
• Responding to CBP ramped-up enforcement

SEMICONDUCTOR SUBSIDIES

Navigating State Tax Credits and Incentives Under the CHIPS and IRA Acts

Taylor Sholler
Senior Director, Government Affairs
Lam Research

Amanda H. Neely
Of Counsel
Gibson, Dunn & Crutcher LLP

Hon. Nazak Nikakhtar
Partner
Wiley Rein LLP
Former Assistant Secretary, Industry & Analysis, International Trade Administration
U.S. Department of Commerce

To address U.S. semiconductor manufacturing capacity challenges, Congress passed the CHIPS Act of 2022, which includes semiconductor manufacturing grants, research investments, and an investment tax credit for chip manufacturing, as well as the Inflation Reduction Act (IRA). How can multinational companies take advantage of these incentives at both a Federal and a State level?

• Navigating eligibility and terms and conditions for obtaining the financial assistance under the CHIPS Act
• Evaluating whether the incentives under the CHIPS Act will be enough to overcome the financial disruptions caused by the New Rule (such as loss of sales and market share resulting from the new export control rules)
• Defining ineligibility if company is owned by a “Foreign Entity of Concern”
• Monitor and get ready for retaliatory measures that may be imposed by China (e.g., refusal to approve foreign mergers and acquisitions; trade controls of critical inputs such as rare earth elements)
• State-level tax grants, discretionary incentives, tax credits, exemptions, and abatements in Ohio, Tennessee, Michigan
• The proposed rule “Preventing the Improper Use of CHIPS Act Funding” and related federal corporate clawback measures
• Synchronization possibilities between US CHIPS Act and EU Chips Act

Networking Break

OUTBOUND INVESTMENT

An Update on Outbound Investment Restrictions

Hon. Mario Mancuso
Partner
Kirkland & Ellis LLP

Devin DeBacker
Chief, Foreign Investment Review Section, National Security Division
U.S. Department of Justice

Meena R. Sharma
Director (Acting), Office of Investment Security Policy and International Relations
U.S. Department of the Treasury

Outbound Investment Restrictions

• Updates to OFAC’s Non-SDN Chinese Military Industrial Complex list
• Commerce’s Expansion Clawback under the CHIPS Act
• New outbound investment executive order
• Evaluating transactions and coordinating with foreign regimes

COMPLEX HYPOTHETICAL SCENARIOS: MEU, MIEU, AND CCMC – The 3 Biggest Grey Areas and How to Address Them

Kay C. Georgi
Partner
ArentFox Schiff LLP

Nancy Fischer
Partner
Pillsbury LLP

As the U.S. government (as well as jurisdictions around the world) continue to implement more comprehensive export controls, the responsibility placed on organizations operating in the global marketplace to remain compliant continue to grow as well. During this practical session, expert practitioners will walk you through some of the most complex, vexing compliance dilemmas— and the newest best practices for resolving them.

• The grey areas across the different scopes and sources of prohibitions regarding each set of Chinese trade control policies
• How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC regulations: What are best practices?
• License applications, approvals, and denials: What are the lessons learned from ever-evolving trends?

Networking Lunch

Complex Hypothetical Scenarios

Insights into the Present and Future of U.S.-China Trade Relations

Jeanette Chu
Vice President, National Security Policy
National Foreign Trade Council
Former Senior Policy Advisor, Bureau of Industry Security (BIS)
U.S. Department of Commerce

Eric C. Emerson
Partner
Steptoe & Johnson LLP
Counsel
The U.S. China Business Council

The war in Ukraine and China’s East-Asia posturing have not only created great geopolitical uncertainty, but they have also exacerbated an already tense U.S.-China trade war. How will the combination of the war, China’s tense positions on Taiwan and Japan, and a continued ramping up of U.S. sanctions and export controls against China impact U.S./China trade relations, as well as the global supply chain over the long term?

• How is the war and China’s East-Asia power play impacting China’s trade relations with the U.S. and the world in general?
• Assessing the growing surge of U.S. regulatory enforcement activity around China sanctions and export controls due to the war and China’s East-Asia posturing
• Will China continue to respond with increased sanctions and export controls of its own?
• The Cyberspace Administration of China’s (“CAC”) cybersecurity review of US Micron: Should this be viewed as a retaliation against the US and its allies’ increasingly tight export controls targeting China’s semiconductor industry?
• How is this dynamic impacting global supply chains?

Networking Break

Navigating the Most Vexing China Sanctions Challenges: Benchmarking and Best Practices

Eric Carlson
Partner
Covington & Burling LLP

Osmar Jose Benvenuto
Managing Director & Head of Financial Crimes Risk
Morgan Stanley
Former Deputy Chief, Criminal Division, U.S. Attorney’s Offices, U.S. Department of Justice

Sahra Su
Lead Senior Legal Counsel, Export Control (Global)
SAP

• Impact of US sanctions on business operations related to China/Hong Kong
• Best practices for diligence on counterparties in China (including XPCC)
• Understanding risks under China’s Countering Foreign Sanctions Law and related countermeasures
• Potential counter measures
• Micron ban
• Consultancy ban
• Examples from Russia that may be used
• Identifying impacts and adjusting
• Congressional and Administration responses
• Pending legislations/ special committees/ hearings
• G8/APEC, etc.
• Multilateral responses? Who joins and who doesn’t

THE FINAL CYBER RULE

Dissecting BIS’ Final “Cyber Rule” for Intrusion Software

Ursula Rothrock
Associate Export Compliance Counsel
Google

Tamer Soliman
Partner
Mayer Brown

The long-anticipated “cyber rule” and debated export controls on intrusion software have balanced U.S. foreign policy and national security concerns with the need for maintaining a regulatory framework that allows for legitimate cybersecurity transactions. The language of the interim rule reflected several years of negotiations codified in the multilateral 1996 Wassenaar Arrangement and incorporated significant U.S. stakeholder input received by BIS over the years through its various attempts to propose the controls. How should industry be applying this rule? What questions should they be asking and what steps should be taken to ensure compliance?

• Are items that are being exported outside the U.S. controlled as cybersecurity items?
• Do other standards apply, e.g., ITAR, certain encryption controls, or surreptitious listening or national security controls?
• Mapping the country of destination for these items and its eligibility under License Exception ACE
• Defining the proposed “end users” of these items and whether they would fall within one of the categories of government end users
• Determining the proposed end use or purpose for these items, including whether any exception would apply
• Regulations being proposed that might require companies to maintain a detailed and up to date Software Bill of Materials (SBOM)
• Comparing the Cyber Rule with other countries’ cyber-surveillance mitigation efforts

Close of Conference