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)
Speaker(s)
Eileen M. Albanese ~ Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, U.S. Department of Commerce
Matthew S. Borman ~ Deputy Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
Ryan Fayhee ~ National Coordinator-Export Enforcement, Counterespionage Section, National Security Division, US Department of Justice
Carol Fuchs ~ Counsel, International Trade Regulation, GE Corporate, International Law & Policy
Douglas R. Hassebrock ~ Director, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce
Pablo Lecour ~ Director, Customs & Global Trade, Deloitte LLP
Christine Lee ~ Director, Compliance & International Trade Counsel, United Technologies Corporation
Molly McLane ~ Executive Director, Global Economic Sanctions Counsel, Morgan Stanley
David Mortlock ~ Deputy Coordinator for Sanctions Policy, U.S. Department of State
Brian H. Nilsson ~ Director, Non-Proliferation - Export Controls, National Security Staff
Kathleen Palma ~ Executive, International Trade Compliance, GE Aviation
Edmund B. Rice ~ Senior Professional Staff, U.S. House of Representatives, Committee on Foreign Affairs
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
Matthew Tuchband ~ Deputy Chief Counsel, Foreign Assets Control, Office of the General Counsel, U.S. Dept of the Treasury
Kevin J. Wolf ~ Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
Program Attorney(s)