Seminar  Program

Coping with U.S. Export Controls and Sanctions 2018


Why You Should Attend

The Trump administration is making its mark on export controls and sanctions policy, and it is more important than ever for institutions in all sectors of the economy to stay on top of key developments. Companies and financial institutions must be aware of their compliance and disclosure obligations, enforcement trends and priorities, and emerging risks. 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 corporate professionals, and top lawyers in the field.

This program is designed for attorneys from law firms and law departments; counsel and managers from companies selling consumer, high-tech, and defense products; and compliance professionals from banks, carriers, and trade logistics firms.

 

What You Will Learn 

  • Economic sanctions on Russia, Iran, Cuba, Syria, North Korea and Venezuela – regulatory and legislative developments
  • Iran sanctions – impact of sanctions snap-back
  • Export control initiatives in the Trump Administration
  • CFIUS’ role in technology transfer transactions
  • Cloud computing and data management
  • Lessons from ZTE and other recent enforcement cases
  • Compliance programs: Trends and best practices
  • Ethics issues for international trade control practitioners

Special Features

  • Earn one hour of Ethics credit
  • Networking luncheon with Featured Speaker

 

Program Level: Overview

Intended Audience: This program is designed for 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.

Prerequisites: None

Advanced Preparation: None 

 


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.

9:00 Opening Remarks

Peter L. Flanagan, Christopher R. Wall



9:15 Year in Review – Sanctions and Export Controls in the First Half of the Trump Administration
  • Trump Administration sanctions and export control priorities
  • Policy direction and major initiatives at Departments of Commerce, Treasury, and State
  • Assessment of current sanctions programs and implementation challenges
  • Export control reform – further developments to come?
  • View from the Hill – Russia, North Korea and other sanctions legislation

Matthew S. Borman, Andrea Gacki, Andrew N. Keller, David Tessler



10:30 Networking Break

10:45 Current Sanctions Landscape:  Updates and Prospects
  • Re-imposition of Iran sanctions
  • Scope and near-term prospects for Russia sanctions
  • Trajectory of measures targeting Venezuela and North Korea
  • Role and reach of Global Magnitsky Sanctions

Kay C. Georgi, Judith Alison Lee, Lisa Palluconi



12:00 Networking Luncheon: Featured Speaker

Sigal P. Mandelker

Please note, credit is not offered for this segment.



1:30 Iran Sanctions: Deep Dive on Unwinding Sanctions Relief
  • Understanding and navigating renewed secondary sanctions
  • Scope and impact of EU blocking statute on global companies
  • Prospects and options for US relief from secondary sanctions?
  • Heightened risks for international financial institutions

Tarek M. Fahmy, David Mortlock, Stephan Müller



2:45 Networking Break

3:00 Russia Sanctions: Deep Dive on Sectoral, Secondary and Asset-Blocking Sanctions
  • Scope and prospects for sectoral sanctions -- energy, financial services, defense
  • Impact of blocking Russian oligarchs - lessons learned and continuing risks
  • Key targets for secondary sanctions and impact of CAATSA
  • What is a “significant” change in licensing policy requiring Congressional notification?
  • Understanding Russian counter-sanctions
  • The DETER Act, Graham-Menendez and other sanctions bills

Paul Marquardt, Kim Strosnider



4:00 Export Control Reform and CFIUS
  • FIRRMA legislation – issues and implementation
  • Heightened focus on export controls and sanctions issues in CFIUS reviews
  • Technology transfers in outbound joint ventures – focus on China
  • Identification of emerging and foundational technologies

Nancy A. Fischer, Ted Kassinger



5:00 Adjourn

Day Two: 9:00 a.m. - 5:00 p.m.

9:00 Current Export Controls Landscape: Updates and Prospects
  • New regulations and initiatives
  • Further movement of commercial technologies from the United States Munitions List (USML) to the Commerce Control List (CCL)
  • Deemed export licensing issues
  • Coordinating export controls and sanctions:  Cuba, Iran and Russia
  • Navigating the de minimis rules and exclusions
  • Evolving role of the Entity List and Denied Persons List

Eileen M. Albanese, Meredith Rathbone



10:30 Networking Break

10:45 Developing, Managing and Testing Compliance Programs:  Best Practices for Global Companies
  • Structuring and executing risk assessments as a foundation for compliance programs
  • Key choices in allocating compliance-related responsibilities and roles in global companies
  • Identifying and managing multinational trade control compliance risks
  • Documenting compliance programs and conducting training
  • Compliance assessments:  What, Who, How?

Peter C. Gundersen, Jr., Beth Peters, Neena Shenai, Lance L. Stricklin



12:00 Lunch (On Your Own)

1:15 Trade Control Risks in Cloud Computing and Data Management
  • Evolving regulatory interpretations and licensing policies for data transfer and storage
  • End-to-end encryption
  • Encryption and data security:  standards and options
  • Data management and workflow
  • Compliance responsibilities of service providers, application providers, and data owners

Daniel Fisher-Owens, Anne Marie Griffin, Jeffrey Schwartz



2:30 Perspectives from the Enforcement Authorities
  • Enforcement focus and priorities - Commerce, State, OFAC and Justice
  • Trends from major settlements - penalty mitigation, compliance monitors, and directed remediation
  • ZTE – what happened?
  • 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

Jay Bratt, Michael Dondarski, Douglas R. Hassebrock



3:45 Networking Break

4:00 Ethics Considerations in Trade Control Practice
  • Ethical issues in representing countries or parties subject to sanctions
  • Restructuring transactions – how far can you go without raising ethics and conflicts issues?
  • Ethical considerations related to legal services and trade control licensing
  • Identifying and handling export-sensitive data by law firms -- avoiding the legal pitfalls that can undermine the interests of your client
  • Professional and business conflicts that arise in export controls practice
  • The scope of the legal services general licenses in various programs, and ethical considerations around same
  • Disclosure, waiver and candor issues

Jeanine P. McGuinness, 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
Matthew S. Borman ~ Deputy Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
Jay Bratt ~ Acting Chief of the Counterintelligence and Export Control Section, The National Security Division, U.S. Department of Justice
Michael Dondarski ~ Assistant Director for Enforcement - Office of Foreign Assets Control, U.S. Department of the Treasury
Tarek Fahmy ~ Deputy Director, Office of Sanctions Policy and Implementation, U.S. Department of State
Nancy A. Fischer ~ Pillsbury Winthrop Shaw Pittman LLP
Daniel Fisher-Owens ~ Berliner Corcoran & Rowe LLP
Andrea Gacki ~ Director of the Office of Foreign Assets Control, U.S. Department of the Treasury
Kay C. Georgi ~ Arent Fox LLP
Anne Marie Griffin ~ Deputy Director, Global Trade Policy and Outreach, Microsoft Corporation
Peter C. Gundersen, Jr. ~ Vice President, International Trade Compliance, United Technologies Corporation
Douglas R. Hassebrock ~ Director, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce
Ted Kassinger ~ O'Melveny & Myers LLP
Andrew N. Keller ~ U.S. Senate Staff, Senate Foreign Relations Committee
Judith Alison Lee ~ Gibson, Dunn & Crutcher LLP
Sigal P. Mandelker ~ Under Secretary for Terrorism and Financial Intelligence, U.S. Department of Treasury
Paul Marquardt ~ Cleary Gottlieb Steen & Hamilton LLP
Jeanine P. McGuinness ~ Davis Polk & Wardwell LLP
David Mortlock ~ Willkie Farr & Gallagher LLP
Stephan Muller ~ Oppenhoff & Partner
Lisa Palluconi ~ Associate Director, OFAC, U.S. Department of Treasury
Beth Peters ~ Hogan Lovells US LLP
Meredith Rathbone ~ Steptoe & Johnson LLP
Jeffrey Schwartz ~ Senior Global Trade Counsel, Hewlett-Packard Enterprise
Neena Shenai ~ Principal Global Trade Counsel, Corporate Legal Regulatory, Medtronic
Lance L. Stricklin ~ Senior Counsel, Saudi Arabian Oil Company
Kim Strosnider ~ Covington & Burling LLP
David Tessler ~ Deputy Director, Policy Planning, U.S. Department of State
Matthew T. West ~ Baker Botts L.L.P.
Program Attorney(s)
Dana M. Berman ~ Program Attorney, Practising Law Institute

Washington, D.C. Seminar Location and Hotel Accommodations

The Four Seasons Hotel, Washington, D.C., 2800 Pennsylvania Ave NW, Washington, DC 20007.  A block of rooms has been reserved for this program.  Please book online at www.fourseasons.com/washington and enter Corporate / Promo Code CI1218PLI .  The cut off date for the preferred rate is October 24, 2018. 

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Related Items

Handbook  Course Handbook Archive

Coping with U.S. Export Controls and Sanctions 2018  
Coping with U.S. Export Controls and Sanctions 2017 Christopher R. Wall, Pillsbury Winthrop Shaw Pittman LLP
Peter L. Flanagan, Covington & Burling LLP
 
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