Pre-Conference Workshops

Workshop A – A Deep Dive into U.S. and Canadian Export and Reexport Controls: Comparing and Contrasting Classification Under ITAR, EAR, ECL, CGP

Jan 25, 2021 10:00am – 1:30pm

Speakers

Rich Baldwin
Director, International Trade Compliance
TransDigm Group (USA)

Marwa Hassoun
Partner
Arent Fox LLP (USA)

Workshop B – Technology Transfers and Export Compliance in Real-Life: A Complete Roadmap to Complying with Cloud Computing, Encryption, Email, Social Media and Foreign National Requirements

Jan 25, 2021 2:00pm – 5:30pm

Speakers

Clifford Sosnow
Partner
Fasken (Canada)

Andrew McAllister
Partner
Holland & Knight

Day 1 - Tuesday, January 26, 2021

9:00
Opening Remarks from the Conference Co-Chairs
9:15
BIS and DDTC Address Industry in Canada: Key Updates on Compliance Expectations and Enforcement Priorities North of the Border
10:15

Hypothetical Exercises and Audience Polling

CHINA, RUSSIA AND VENEZUELA UNDER EAR 744.21- Military Use/End User Regulations and Due Diligence in Practice: How Exporters are Applying Rules and Licensing Requirements from a Canadian Re-Export Perspective
11:15
1:1 Networking Break
11:45
The Biggest Misconceptions about Applying the Foreign Direct Product Rule: When it Does and Does Not Apply to Canadian Manufacturers
12:30
China, Hong Kong and Iran: The Top 10 Most Critical Economic Sanctions Trends Affecting Exports & Reexports: The Lesser Known Pitfalls to Avoid for 2021
1:15
Break
1:45

Export Licenses & Permits

A Guide to Setting your Application up for Success: The Biggest Mistakes to Avoid and Practical Tips on Navigating the Process
2:45
Break
3:00

INDUSTRY “WAR STORIES AND LESSONS LEARNED” - Part I Audience Polling

Export and Reexport Compliance amid COVID-19: Candid, Real-Life Takeaways on the Unwritten Compliance Hits and Misses
3:45

Part II

Breakout Roundtables: Smaller Group Benchmarking and Discussion
4:30

Part III

5 More Things: More Need-to-Know Compliance Takeaways from Industry
5:00
Day One Concludes

Day 2 - Wednesday, January 27, 2021

9:10
Opening Remarks from Co-Chairs
9:15
Focus on Canadian Export Controls and Permit Approvals; What’s New for 2021
9:45
Spotlight on China: The Entity List, Huawei, and The Latest Screening Dos and Don’ts for Canadian Exporters
10:45
Break
11:15
Cyber Security Audits for DoD Contracts: Common Deficiencies Revealed and How to Rectify them to Meet CMMC Program Requirements
12:15

Case Study

Technology Transfers, Data Security, Emails and Cloud Computing: How to Know If Your IT Controls Satisfy ITAR, EAR and Canadian Requirements
1:00
Break
1:15
Third Party Due Diligence: Essential Steps for Vetting Prospective Business Partners, Mitigating Supply Chain Risks and Building Your Contingency Plan
2:15

Hypothetical Exercises

Employing and Transferring Dual/Third-Country Nationals: The Latest, Most Vexing Challenges to Reconciling Export, Human Rights and Privacy Laws
3:15
Break
3:30

INTERACTIVE POLLING

What Would You Do If…: “Mind Bending” Classification Conundrums: U.S./Canada Export and Reexport Scenarios – and How to Resolve Them
4:00
What Industry in Canada Should Know about CFIUS and Export Controls: Status and Impact of Substantial Ownership, Critical Technologies, WeChat, Mandatory Filing and More
5:00
Conference Concludes

Day 1 - Tuesday, January 26, 2021

9:00
Opening Remarks from the Conference Co-Chairs

Kenneth Purchase
Senior Director, International Trade Compliance
Pratt & Whitney Canada Corp.

Gary Stanley
President
Global Legal Services, PC

9:15
BIS and DDTC Address Industry in Canada: Key Updates on Compliance Expectations and Enforcement Priorities North of the Border

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

Sarah Heidema
Director of Policy, Directorate of Defense Trade Controls
U.S. Department of State

  • Update on U.S.-China trade controls policy and licensing
  • Interpreting and applying ITAR and EAR changes
  • Where industry has gone right and wrong on compliance and licensing: recent trends and missteps to avoid
  • Insights on recent enforcement actions and priorities involving industry in Canada and lessons learned

10:15

Hypothetical Exercises and Audience Polling

CHINA, RUSSIA AND VENEZUELA UNDER EAR 744.21- Military Use/End User Regulations and Due Diligence in Practice: How Exporters are Applying Rules and Licensing Requirements from a Canadian Re-Export Perspective

Kenneth Purchase
Senior Director, International Trade Compliance
Pratt & Whitney Canada Corp.

Debi Davis
Vice President-Global Compliance
TransDigm Group (USA)

  • Strengthening MEU due diligence to comply with requirements under EAR 744.21
  • Analysis of the expanded definition of “military end use” and the impact on licensing and reporting
  • Complying with tightened restrictions on Canadian reexports involving military end users/ end use in China
  • Comparing and contrasting industry approaches to MEU compliance
  • Unpacking complex scenarios: What to do when the end user’s parent  organization or affiliate is involved in military end use?
  • What are the Canadian licensing requirements?
  • Common misconceptions about Canadian licensing requirements and how they differ from those in the U.S.

11:15
1:1 Networking Break
11:45
The Biggest Misconceptions about Applying the Foreign Direct Product Rule: When it Does and Does Not Apply to Canadian Manufacturers

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

Maria del-Cerro
Partner
Crowell Moring LLP (USA)

  • Interpreting EAR direct product rule provisions under:
    • § 736.2 (b)(3)
    • § 734.4
    • §736.2(b)
  • Understanding what is captured by the rule and the nuances for Canadian operations
  • Analyzing “controlled content” for de minimis purposes
  • Practical examples demonstrating when the second incorporation rule applies
  • Determining when items are the direct product of technology or software under EAR and ITAR
  • Applying the FDPR: special considerations for Huawei
  • Licensing requirements for non-U.S. made items
  • Know your customer best practices

12:30
China, Hong Kong and Iran: The Top 10 Most Critical Economic Sanctions Trends Affecting Exports & Reexports: The Lesser Known Pitfalls to Avoid for 2021

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

John Boscariol
Partner
McCarthy Tétrault LLP (Canada)

Nnedinma Nweke
Partner
Akin Gump LLP (USA)

  • Reconciling U.S. and Canadian sanctions
  • China and Hong Kong: the interplay between sanctions and export controls 
  • Secondary Sanctions: the nuances of U.S. and Canadian landscapes
  • What the rise of smart sanctions means for your screening process in practice
  • How the XPCC sanctions could impact your supply chains
  • KYCC: Diversion and third party risk
  • Forced labour in China: A sanctions issue?

1:15
Break
1:45

Export Licenses & Permits

A Guide to Setting your Application up for Success: The Biggest Mistakes to Avoid and Practical Tips on Navigating the Process
Stephen C. Bartenstein

Stephen C. Bartenstein
Partner
Covington & Burling LLP

Sara Crossman
Senior Director, Forensic & Litigation Consulting
FTI Consulting

Toby Happychuk
Export Compliance Officer

  • Understanding current guidelines for ITAR and EAR export license applications
  • Examination of where companies often go wrong on applications and how to avoid the same mistakes
  • Determining what technical information should be included
  • Addressing requests for additional information from U.S. BIS, DDTC and DoD
  • Practical tips on how to expedite the application process when business depends on it
  • Overcoming common pain points in the Canadian permit process
  • Establishing best practices for tracking applications and mitigating issues before they arise

2:45
Break
3:00

INDUSTRY “WAR STORIES AND LESSONS LEARNED” - Part I Audience Polling

Export and Reexport Compliance amid COVID-19: Candid, Real-Life Takeaways on the Unwritten Compliance Hits and Misses

Maria Kounadis
Export Control Manager
Americas CAE (Canada)

Pierre Gilbert
Export Control Officer
Rolls Royce Marine (Canada)

  • The newest controls for remote work, technology transfers and data protection
  • Covering your compliance bases: Identifying new risks affecting your export and reexport operations
  • What it now takes to deliver an effective export compliance program with finite resources
  • The latest and greatest in training remote legal, compliance and sales teams  

3:45

Part II

Breakout Roundtables: Smaller Group Benchmarking and Discussion

Moderators:

Gary Stanley
President
Global Legal Services, PC

Kenneth Purchase
Senior Director, International Trade Compliance
Pratt & Whitney Canada Corp.

Building on insights from panelists, participants will break out into smaller roundtables to share their own compliance pain points and brainstorm about how to how to tackle emerging challenges. Each roundtable will collaborate on a key takeaway or best practice that will be shared with the whole group during the session that follows.

4:30

Part III

5 More Things: More Need-to-Know Compliance Takeaways from Industry

Ajay Gupta
Senior Manager, Defence Trade Compliance
Irving Shipbuilding (Canada)

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

Attendees and faculty will reconvene to reveal their top need-to-know takeaways. Speakers will open-up the virtual floor to address your most pressing questions.

5:00
Day One Concludes

Day 2 - Wednesday, January 27, 2021

9:10
Opening Remarks from Co-Chairs
9:15
Focus on Canadian Export Controls and Permit Approvals; What’s New for 2021

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

  • Status of brokerage rules and other Bill C-47 developments: Key updates since the roll-out
  • New, emerging trends since the implementation of Canada’s brokering rules: Will the regulations evolve in response?
  • Adjusting operations to align with changes to Canada’s Export Control List
  • Permit application review process explained: timelines, and what can trigger delays and denials

9:45
Spotlight on China: The Entity List, Huawei, and The Latest Screening Dos and Don’ts for Canadian Exporters

Philip Cedoz
Senior Manager, Global Trade
APITech (USA)

Rich Ashooh
Vice President, Global Government Affairs
Lam Research (USA)
(Former Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security)

Barbara Linney
Partner
Baker Hostetler (USA)

  • Status of U.S.-China Trade relations: Predictions for 2021 and the potential fallout for industry
  • Entity list developments and focus on Huawei
  • Extension of arms embargo
  • Analysis of current state of U.S.- China relations, and the impact on export compliance and operations
  • Post U.S. election predictions
    • Will the increased tariffs remain?
    • Impact on Hong Kong trade policies through targeting of specific Chinese companies
    • Potential retaliation from China?

10:45
Break
11:15
Cyber Security Audits for DoD Contracts: Common Deficiencies Revealed and How to Rectify them to Meet CMMC Program Requirements

Katie Arrington
CISO A&S
United States Department of Defense

During this highly anticipated session, hear critical insights 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 cyber security programs.  Analysis of where companies have gone right and wrong in recent cybersecurity audits

  • CMMC Rule implementation within the DFARS and the impact on foreign partners
  • What to expect from the assessment process for certification
  • Update on the CMMC implementation schedule
  • Dispelling common misconceptions about CMMC program requirements

12:15

Case Study

Technology Transfers, Data Security, Emails and Cloud Computing: How to Know If Your IT Controls Satisfy ITAR, EAR and Canadian Requirements

Marie-Hélène Tardif
Senior Manager, Export Controls
Siemens Energy Canada (Canada)

Gary Stanley
President
Global Legal Services, PC

  • Defining technology, technical data and “release” of technology
  • Compare and contrast regulations in U.S. and Canada and gain clarity on what applies when
  • Practical examples of IT controls and access rights
  • Learn where exceptions apply for Canadian Operations

1:00
Break
1:15
Third Party Due Diligence: Essential Steps for Vetting Prospective Business Partners, Mitigating Supply Chain Risks and Building Your Contingency Plan

Leda Langberg
Legal Advisor, Business Integrity & Compliance
Aker Solutions (Norway)

Joshua L. Richter
Senior Director
Leonardo DRS Trade Compliance

  • Key risks and 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 for export control and sanctions requirements
  • Screening and risk mitigation:
    • Case study: 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

2:15

Hypothetical Exercises

Employing and Transferring Dual/Third-Country Nationals: The Latest, Most Vexing Challenges to Reconciling Export, Human Rights and Privacy Laws

Beth Peters
Partner
Hogan Lovells (USA)

Cyndee Todgham Cherniak
Founder
LexSage (Canada)

Tamara Kronis
Associate Chair
Ontario Rights Tribunal

Nancy Wideman
Lead Export Compliance Officer
Honeywell (Canada)

  • Concrete examples of how to address conflicts between 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
  • Overview of Ontario Human Rights Code and Human Rights Tribunal Ontario case law that conflict with U.S. ITAR restrictions
  • Overview of Canadian privacy laws

3:15
Break
3:30

INTERACTIVE POLLING

What Would You Do If…: “Mind Bending” Classification Conundrums: U.S./Canada Export and Reexport Scenarios – and How to Resolve Them

Gordon Clarke
Director, Engineering and Regulatory Controls
Cesaroni Technology Inc. (Canada)

Krista Manley
Senior Manager, Global Trade
Raytheon Technologies

  • Best practices for documentation and retrieval of classifications under the ITAR, EAR, EC, and CGP
  • Key missteps to avoid when applying EAR exceptions and ITAR exemptions
  • Overcoming common classification challenges with dual use items
  • Determining when an item becomes ITAR-controlled

4:00
What Industry in Canada Should Know about CFIUS and Export Controls: Status and Impact of Substantial Ownership, Critical Technologies, WeChat, Mandatory Filing and More

Rich Ashooh
Vice President, Global Government Affairs
Lam Research (USA)
(Former Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security)

Brooks Allen
Counsel
Skadden, Arps, Slate, Meagher & Flom LLP

As of October 15, 2020, mandatory declarations in relation to critical technologies will no longer be triggered by industry classifications but rather a new export controls test. This important, closing session will highlight some of the commonly overlooked considerations for industry in Canada, including:

  • Aligning compliance practices with mandatory filing based on U.S. license requirements for export, reexport or technology transfers
  • Interpreting mandatory filing exceptions, including ‘Excepted Foreign Investors’ provisions for Canada
  • Implications of recent developments for the technology and telecom sectors
  • How is “substantial ownership” defined in the regulations and what will this mean for investors/sellers?

5:00
Conference Concludes

Workshop A – A Deep Dive into U.S. and Canadian Export and Reexport Controls: Comparing and Contrasting Classification Under ITAR, EAR, ECL, CGP

Jan 25, 2021 10:00am – 1:30pm

Rich Baldwin
Director, International Trade Compliance
TransDigm Group (USA)

Marwa Hassoun
Partner
Arent Fox LLP (USA)

What is it about?

Back by popular demand, this session provides comprehensive analysis of the complex challenges that emerge between Canadian and U.S. export and reexport control regimes. This workshop is designed to provide the groundwork for the main conference, serving as a refresher for experienced export professionals and as an in-depth introduction for those new to export compliance. Get up to speed on the newest requirements for your business operation and navigate common pitfalls for multi-jurisdictional trade compliance programs.

Topics will include:

  • Assessing classification differences between the EAR, ITAR, and the Canadian ECL, CPG
  • The lengths and limits of extra-territorial reach: What triggers the application of U.S. export and reexport controls north of the border
  • Building a classification-based compliance system
  • How to calculate de minimis values under the EAR and track items in your supply chain and product base to take full advantage of that provision
  • How to engage with U.S. vs. Canadian government agencies
  • Sharing best practices for documentation retrieval and keeping classifications up-to-date
  • Examining practical examples and lessons for your organization
  • Managing disparate treatment of dual and third-country nationals and technology transfers under the ECL, ITAR and EAR
  • Leveraging your Controlled Goods Program registration or facility security clearance to take advantage of ITAR§ 126.18 exemptions and EAR § 734.20 carve-outs

Workshop B – Technology Transfers and Export Compliance in Real-Life: A Complete Roadmap to Complying with Cloud Computing, Encryption, Email, Social Media and Foreign National Requirements

Jan 25, 2021 2:00pm – 5:30pm

Clifford Sosnow
Partner
Fasken (Canada)

Andrew McAllister
Partner
Holland & Knight

What is it about?

With increasing digitalization and remote work, there has never been a more critical time to stay on scope of the scope and application of regulations pertaining to the transfer of controlled data and technology. Developing an effective compliance program to manage access to unclassified controlled information by employees, suppliers continue to pose high stakes challenges-with no room for error. This timely workshop will guide you through key regulatory requirements from BIS, DDTC, and Global Affairs Canada, and how to incorporate them into your export and reexport operations. By attending this workshop, you will gain a complete roadmap for technology classification, storage, cloud computing, record keeping, tracking, monitoring, and employee monitoring.

  • Defining technology, “technical data” and “release” of technology
  • What are your due diligence responsibilities as an exporter or user of the cloud?
  • ITAR vs. EAR requirements for controlled data
  • Who has responsibility for identifying, correcting, and reporting a data transfer compliance issue when it occurs?
  • The latest on encryption and cryptocurrency requirements
  • Examining the responsibilities of cloud providers
  • What should (and shouldn’t) be stored in the cloud?
  • Special considerations regarding the use of devices and equipment across jurisdictions
  • Sharing common pitfalls when using digital communication tools
  • What corrective steps would help prevent a recurrence of the problem?