U.S. Export & Reexport Compliance For Canadian Operations

Co-Chairs Opening Remarks

Kenneth Purchase
Senior Director, Global Trade Requirements Management, Office of General Counsel
Pratt & Whitney

Gary Stanley
President
Global Legal Services, PC (USA)

BIS Keynote Address

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

The U.S-China Trade Landscape — and the Impact on Canadian Industry

The Latest Expansion of MEU, MIEU, CCMC — and More EAR Requirements: Hidden Lessons for Updating Compliance and Licensing Practices

Giovanna Cinelli
Partner
Morgan, Lewis & Bockius LLP (USA)

• 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

Morning Networking Break

CHINA - CASE STUDIES

What Would You Do If?…Real-World Takeaways for Resolving the Biggest Licensing and Compliance Conundrums

Kay Georgi
Partner
Arent Fox LLP (USA)

During this interactive session, you will gain additional best practices and know-how for approaching highly complex compliance challenges related to China. Through a series of concrete examples and hypothetical exercises, experts will discuss the “how to” aspects of navigating new, emerging compliance and licensing dilemmas.

In addition to asking your questions, don’t miss out on comparing notes with fellow attendees via our anonymous polling system!

The Continued Effects of COVID 19 on Compliance, Cybersecurity and Data Protection: The Latest Know-How for Preventing Export and Reexport Violations

Kate Seaman
Director, Security and Trade Compliance
Top Aces (Canada)

Pierre Gilbert
Export Control Manager, Controlled Goods Designated Official
Rolls-Royce Canada Limited, Defence Products

• New risks associated with remote employees having access to sensitive information
• Updating your export and reexport compliance program in response to the realities of new working arrangements
• Strategies and technologies companies are using to mitigate newfound risk factors
• Updating your TCP and TTCP
• Implementing the latest guidelines for data classification and protection: ITAR, EAR, and Canadian Requirements

Networking Luncheon

Fireside Chat: Top Tips for Canadians who Need an Export Permit

Shalini Anand
Director General, Trade and Export Controls Bureau
Global Affairs Canada

Canadian Export Controls & Permit Timelines: How to Programmatically Manage Nuanced Classifications and Changes

Kenneth Purchase
Senior Director, Global Trade Requirements Management, Office of General Counsel
Pratt & Whitney

During this industry roundtable, learn how leading companies are navigating the permit approvals process, and aligning policies and processes with Canadian requirements.

Afternoon Break

Compliance Benchmarking & Brainstorming

Adapting Your Export and Reexport Program to Rapid Geopolitical, Regulatory and More Changes: How Industry is Revisiting Policies, Procedures and Processes

Gordon Clarke
Director, Engineering, & Regulatory Affairs
Cesaroni Technology Inc. (Canada)

Kevin Riddell
Director, Trade & Regulatory Compliance, Construction Products Group
Tremco (Canada)

• How companies are updating their program in response to geopolitical changes and risks
• Covering your compliance bases: Identifying new risks affecting your export and reexport operations
• What it now takes to deliver an effective export and rexport compliance program with finite resources
• Updating training for remote legal, compliance and sales team
• Concrete examples of policy and process upgrades for better risk detection and management

“War Stories” and Lessons for 2022-Compliance Weaknesses, Violations and Penalties Under the Microscope: The Lesser-Known Takeaways from Recent Cases Against Companies and Individuals

Gary Stanley
President
Global Legal Services, PC (USA)

Kenneth Purchase
Senior Director, Global Trade Requirements Management, Office of General Counsel
Pratt & Whitney

At this closing session, benefit from critical insights on recent cases and their hidden lessons. Experts will impart practical guidance that will help you to strengthen your compliance blueprint for 2022 and beyond.

End of Day 1

Co-Chairs Opening Remarks

Kenneth Purchase
Senior Director, Global Trade Requirements Management, Office of General Counsel
Pratt & Whitney

Gary Stanley
President
Global Legal Services, PC (USA)

Keynote Address

Rob Hart
Division Chief, Regulatory and Multilateral Affairs Division, Office of Defense Trade Control Policy, Directorate of Defense Trade Controls (DDTC)
U.S. Department of State

Third Party and Supply Chain Due Diligence: Vetting Prospective Business Partners, Mitigating New Risks and Updating Your Contingency Plan

Debbie Shaffer
Senior Manager, Global Trade Compliance
L3Harris Technologies

Ajay Gupta
Independent Defence Trade Compliance Professional
Formerly Senior Manager – Defence Trade Compliance, & Contract Security
Irving Shipbuilding

• Key risks that are harder to detect and mitigate
• Overcoming hurdles to identifying red flags
• The finer points of conducting due diligence and screening suppliers, freight forwarders, distributors, customs brokers, customers, third parties, and end users
• Screening and risk mitigation:
  • The pitfalls to avoid when developing your shortlist of suppliers for screening
  • New, emerging supply chain risk factors-and how to evolve your export and reexport compliance practices in response
• Third-party integrity due diligence (IDD): The finer points of getting to know your business partners

Morning Networking Break

ECONOMIC SANCTIONS

Updating Your Risk-Based Economic Sanctions Compliance Program: The Latest U.S. and Canadian Restrictions, and Their Practical Impact

John Boscariol
Partner
McCarthy Tétrault LLP (Canada)

Thaddeus McBride
Member
Bass, Berry & Sims PLC (USA)

During this highly anticipated session, experts from Canada and the U.S. will take you through the most critical economic sanctions developments and trends affecting exports and reexports. The discussion will focus on new, unanticipated pitfalls to avoid for 2022 and beyond.

• Comparing and contrasting U.S. and Canadian sanctions-and their practical impact on export and reexport operations
• The rapidly changing China landscape, and the impact on due diligence and supply chain risks
• Impact of the PRC’s Foreign Anti-Sanctions Regulation and the new Blocking Statute
• Performing due diligence amid the increased use of The Entity List
• Iran: Status report and negotiations with Iran and what is on the horizon

Cybersecurity & Ransomware Attacks: Managing New, Emerging Export Controls and Economic Sanctions Compliance Risks

Barbara Linney
Partner
Baker Hostetler (USA)

Clifford Sosnow
Partner
Fasken Martineau DuMoulin LLP

Introduced based on popular demand, this new session for 2022 will cover the newest, emerging risks and compliance challenges posed by ransomware attacks. International trade experts from the U.S. and Canada will cover OFAC’s Guidance on Ransomware, Canadian developments -and their interplay with export and reexport controls.

Luncheon

Employing and Transferring Dual/Third-Country Nationals: Managing the Continued Conflict Between, US Export Controls, Canadian Human Rights and Privacy Laws

Christine E. Savage
Partner
King & Spalding (USA)

Brenda C. Swick
Partner
Cassels Brock & Blackwell LLP

• U.S. export controls, Canadian human rights and privacy laws
• Interpreting ITAR 126.18 exemptions for intra-company transfers
• EAR Deemed Reexports: The finer points of compliance north of the border
• Practical impact of U.S. export controls on hiring and staffing decision-making
• Export control restrictions for nationals of sanctioned countries and other parties
• Privacy, anti-discrimination and human rights considerations affecting screening
• Updates on Ontario Human Rights Code and Human Rights Tribunal Ontario case law that conflict with U.S. ITAR restrictions
• Canadian privacy laws and their interplay with export/reexport controls

Update on Controlled Goods Program from Public Services and Procurement Canada

Duncan Toswell
Senior Director, Controlled Goods Program
Public Services and Procurement Canada

Brief overview of the Controlled Goods Program and updates on recent developments

Afternoon Break

The Latest on CMMC 2.0: Key Updates on the Biggest Lessons and Costly Missteps

Eric S. Crusius
Partner
Holland & Knight LLP (USA)

Robert Metzger
Roger Joseph O’Donnell PC

Hear critical updates on the U.S. DoD’s new Cybersecurity Maturity Model Certification (CMMC), requiring all U.S. DoD contractors and subcontractors to undergo a third-party audit of their cybersecurity program. Benefit from the latest lessons learned and missteps to avoid.

5 More Things!

More Need-to-Know Compliance Takeaways from Industry

Attendees and faculty will reveal their top need-to-know takeaways, and address your most pressing questions.

Co-Chairs’ Closing Remarks