Seminar  Seminar

Coping With U.S. Export Controls 2013


Why you should attend

This year, the Obama Administration formally launched its export control reform initiative with the filing of the first so-called Section 38(f) notifications, to be followed by the publication of final rules transferring export control jurisdiction of a large number of items from the State Department to the Commerce Department. Congress has enacted even stronger sanctions legislation targeting Iran, including new securities reporting requirements, and the Administration has significantly strengthened sanctions on Syria. Export enforcement activity remains vigorous with the announcement of record fines against financial institutions and defense companies.

It is more important than ever for institutions in all sectors of the economy to stay on top of export control and sanctions developments in the United States and other countries. Companies and financial institutions must be aware of their obligations under existing laws and regulations, the enforcement and disclosure risks they currently face, and those they may face in the future. Implementing and strengthening compliance programs is an increasingly important priority in all industries.

For over twenty years, PLI’s Coping with U.S. Export Controls has been the go-to program on trade control laws and regulations. The program enables attendees to “get inside” international trade controls through give-and-take among key officials from the government agencies that regulate cross-border trade and investment, experienced company managers and top lawyers in the field.

What you will learn

  • Export control reform: Scope, status and implementation at the Departments of Commerce, State and Defense
  • Economic sanctions policy: Iran, Syria, Sudan, Burma and Cuba
  • Scope of end-use controls for China and managing compliance risk
  • Implementation of new authorities for retaliatory sanctions
  • Requirements and best practices for Iran-related SEC disclosure obligations
  • Multilateral trade control developments
  • Lessons from recent leading cases in trade control enforcement
  • Enforcement and voluntary disclosures: Penalties and enforcement policies
  • Compliance programs: How to design and implement an effective and efficient system

Plus - register for this program and receive complimentary access to a One-Hour Audio Briefing on the Basics of Export Controls the week prior to the program.

Who should attend

Attorneys from law firms and law departments; counsel and managers from companies selling consumer, high-tech, and defense products; and from banks, carriers, and trade logistics firms.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

DAY ONE: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:00 p.m.

9:00 Introduction and Welcoming Remarks

Peter L. Flanagan, Christopher R. Wall

9:15 ECR Here and Now (Part I) – EAR Issues

  • Movement of items from the USML to the CCL
  • Transition issues
  • EAR “specially designed” definition
  • Munitions Licensing Division
  • License Exception STA
  • De minimis issues
  • Impact on shippers and AES changes

Speakers: Eileen M. Albanese, Christine Lee, Meredith Rathbone

10:30 Networking Break

10:45 ECR Here and Now (Part II) – ITAR Issues

  • USML category revisions
  • “Specially designed” and “defense services” definitions
  • Dual/third country nationals – “substantive contacts” criteria
  • New brokering rules and Part 130 reporting
  • Enforcement and anti-corruption overlap
  • Commodity jurisdiction trends and impact of ECR

Speakers: John P. Barker, Sarah J. Heidema, Frederick F. Shaheen

12:00 Networking Luncheon

Keynote Speaker

Please visit
www.pli.edu for more information.

Afternoon Session: 1:30 p.m. - 5:00 p.m.

1:30 OFAC Sanctions Update

  • Continued expansion of Iran sanctions and retaliatory measures
  • SEC reporting under the Iran Threat Reduction Act
  • Burma sanctions and the investment reporting requirement
  • Sudan, Syria and Cuba sanctions updates
  • Liability and enforcement theories from international bank cases
  • Facilitation issues

Speakers: Elaine D. Banar, Corinne A. Goldstein, Matthew Tuchband

2:45 Break

3:00 Cloud Computing - Best Practices for Data Management

  • EAR and ITAR interpretations and licensing policies
  • Location of data and access controls
  • Encryption and data security
  • Data management and workflow
  • Compliance responsibilities of service providers
  • U.S. jurisdiction issues

Speakers: Benjamin H. Flowe, Jr., Anne Marie Griffin, Chris Kloes

4:00 Trade Controls in Corporate Transactions

  • Risk-based due diligence in M&A transactions
  • Structuring contractual undertakings related to compliance
  • Transition risk and termination of business in sanctioned markets
  • Integration of compliance programs in merged businesses
  • Identifying and managing risk in joint venture structures
  • Credit agreements and use of proceeds limitations

Speakers: Carol Fuchs, Molly McLane, Sean M. Thornton

5:00 Adjourn

DAY TWO: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:45p.m.

9:00 Export Control Reform – Policy Perspectives

A. Keynote Address

Kevin J. Wolf, Assistant Secretary of Commerce for Export Administration, U.S. Department of Commerce

B. Panel Discussion

  • Export Control Reform status and update
  • Future regulations and timing
  • Satellite transition issues
  • Commodity jurisdiction appeal process
  • Congressional reaction to 38(f) notifications
  • Prospects for legislation

Speakers: Matthew S. Borman, Hugh F. T. Hoffman, III, Brian H. Nilsson (Invited), Edmund B. Rice

10:30 Networking Break

10:45 Doing Business in China

  • Scope and impact of military end-use rule
  • VEU program – how has it been working?
  • Counter-party risk and best practices for due diligence
  • Compliance safeguards and undertakings in joint venture agreements
  • Addressing re-transfer risk in local operations
  • Overlap between trade secret protection and trade control compliance
  • Addressing trade control concerns in transactions before CFIUS

Speakers: Jeannette L. Chu, Curtis M. Dombek, Kathleen Palma

11:45 International Perspectives on U.S. Export Controls and Sanctions

  • State Department Coordinator for Sanctions Policy
  • United Nations Arms Trade Treaty
  • Impact of ECR on non-US companies
  • Evolving scope and impact of Iran sanctions
  • U.S./EU sanctions policy cooperation/coordination
  • Corporate social responsibility and new investment

Speakers: David Mortlock, Stephan Müller, Andrew Wood (Invited)

12:45 Lunch (on your own)

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45 Assessments and Audits – Best Practices and Approaches

  • How often should they be conducted?
  • Who should conduct them - internal staff or independent professionals?
  • Internal audit function relationship with export control staff
  • Addressing issues/shortcomings
  • Legal privilege issues
  • Whether to report results to government agencies
  • Directed compliance audits

Speakers: Nancy A. Fischer, Pablo Lecour

2:30 Networking Break

2:45 Enforcement and Compliance Issues - Agency Perspectives

  • Enforcement priorities - Commerce, State, OFAC and Justice
  • Trends from major settlements - penalty mitigation, compliance monitors, and directed remediation
  • Voluntary disclosures - considerations, benefits, and best practices
  • Emerging concepts of individual liability
  • How to get the best results in an enforcement action
  • Agencies’ perspectives on compliance best practices

Speakers: Ryan Fayhee, Douglas R. Hassebrock, Glenn E. Smith, Charles M. Steele

4:00 Ethics and Compliance Considerations (1 hour ethics CLE credit)

  • Ethical issues in representing countries or parties subject to sanctions
  • Restructuring transactions – how far can you go?
  • Legal services and trade control licensing
  • Identifying and handling export-sensitive data
  • Professional and business conflicts that arise in practice
  • Disclosure, waiver and candor issues

Speakers: Greta Lichtenbaum, Matthew T. West

5:00 Adjourn

Co-Chair(s)
Peter L. Flanagan ~ Covington & Burling LLP
Christopher R. Wall ~ Pillsbury Winthrop Shaw Pittman LLP
Speaker(s)
Eileen M. Albanese ~ Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, U.S. Department of Commerce
Elaine D. Banar ~ Global Sanctions Head, UBS AG
John P. Barker ~ Arnold & Porter LLP
Matthew S. Borman ~ Deputy Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
Jeannette L. Chu ~ Director, PwC
Curtis M. Dombek ~ Sheppard Mullin Richter & Hampton LLP
Ryan Fayhee ~ National Coordinator-Export Enforcement, Counterespionage Section, National Security Division, US Department of Justice
Nancy A. Fischer ~ Pillsbury Winthrop Shaw Pittman LLP
Benjamin H. Flowe Jr. ~ Berliner, Corcoran & Rowe, LLP
Carol Fuchs ~ Counsel, International Trade Regulation, GE Corporate, International Law & Policy
Corinne A. Goldstein ~ Covington & Burling LLP
Douglas R. Hassebrock ~ Director, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce
Hugh F.T. Hoffman, III ~ Deputy Director, Defense Technology Security Administration
Chris Kloes ~ Legal Director, Hewlett Packard Co
Pablo Lecour ~ Director, Customs & Global Trade, Deloitte LLP
Christine Lee ~ Director, Compliance & International Trade Counsel, United Technologies Corporation
Greta Lichtenbaum ~ O'Melveny & Myers LLP
Molly McLane ~ Executive Director, Global Economic Sanctions Counsel, Morgan Stanley
David Mortlock ~ Deputy Coordinator for Sanctions Policy, U.S. Department of State
Stephan Müller ~ Oppenhoff & Partner
Brian H. Nilsson ~ Director, Non-Proliferation - Export Controls, National Security Staff
Kathleen Palma ~ Executive, International Trade Compliance, GE Aviation
Meredith Rathbone ~ Steptoe & Johnson LLP
Edmund B. Rice ~ Senior Professional Staff, U.S. House of Representatives, Committee on Foreign Affairs
Frederick F. Shaheen ~ Chief Counsel, Global Trade, The Boeing Company
Glenn E. Smith ~ Chief, Enforcement Division, Office of Defense Trade Controls Compliance, Directorate of Defense Trade Controls, U.S. Department of State
Charles M. Steele ~ Associate Director for Enforcement, Office of Foreign Assets Control, U.S. Department of the Treasury
Sean M. Thornton ~ Skadden, Arps, Slate, Meagher & Flom LLP
Matthew Tuchband ~ Deputy Chief Counsel, Foreign Assets Control, Office of the General Counsel, U.S. Dept of the Treasury
Matthew T. West ~ Baker Botts L.L.P.
Kevin J. Wolf ~ Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
Program Attorney(s)
Laura R. Shields ~ Director of Programs, Practising Law Institute

Washington, D.C. Seminar Location and Hotel Accommodations

Washington Marriott at Metro Center, 775 12th Street NW, Washington, D.C. 20005. (202) 737-2200. When calling, please mention PLI and the name of the program to receive the preferred.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


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Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Related Items

Handbook  Course Handbook Archive

Coping With U.S. Export Controls 2014  
Coping With U.S. Export Controls 2013  
Coping with U.S. Export Controls 2012 Christopher R. Wall, Pillsbury Winthrop Shaw Pittman LLP
Peter L. Flanagan, Covington & Burling LLP
 
Coping with U.S. Export Controls 2009 Evan R. Berlack,
Christopher R. Wall, Pillsbury Winthrop Shaw Pittman LLP
Peter L. Flanagan, Covington & Burling LLP
 
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