2024 Agenda
Day 1
January 24, 2024
Audience Polling
Complex Classification Conundrums and How to Resolve Them- Hypothetical Scenarios and Practical Takeaways
Gordon ClarkeDirector, Engineering, & Regulatory AffairsCesaroni Technology Inc.
Darren RileyFounding MemberRiley Trade Law PLLC
Building on the foundation set out in the pre-conference workshop, gain best practices for navigating some of the toughest classification dilemmas in the wake of new, heightened U.S. export controls.
Through a series of hypothetical scenarios, speakers will point out the nuances and lesser-known issues that can undermine the correct classification- at the design/R& D stage and beyond.
Audience members will have the opportunity to compare note via our anonymous polling system!
Networking Break
Interactive Compliance Benchmarking
The Newest Technical Data, AI, and Cloud Risks: Updating Your Program Amid the Rapidly Evolving Export Compliance and Tech Innovation Landscapes
Melanie RosenblathProgram Manager – Security ComplianceMicrosoft Canada Inc.
Boris ZadkovicDirector, Global Trade ComplianceL3Harris Technologies Inc.
- Contrasting key U.S. and Canadian export controls and their application: The finer points of compliance for controlled data, emails, social media, cloud computing and encryption controls
- The latest on what should (and shouldn’t) be stored in the cloud
- Establishing the scope of network access rights: New considerations and pitfalls to avoid
- Updating your Technology Control Plan (TCP) and Technology Transfer Controls Plan (TTCP)
- Demystifying the grey areas around “technology,” “technical data,” and “release” of technology
- Heightened due diligence requirements for exporters and users of the cloud
- Best practices for managing travel and data exports
- The pitfalls of using centralized cloud-based platforms and how to properly utilize them
- Managing the intersection of export compliance cybersecurity
- Ensuring export compliance in the cloud under Canada’s Controlled Goods Program
- How AI and quantum computing affect your export compliance decision-making
Networking Luncheon for Speakers and Delegates
China, Russia-and the Interplay of Export Controls and Sanctions: The Biggest, Most Enduring Compliance and Enforcement Risks Confronting Canadian Industry
Kevin RiddellDirector, Trade & Regulatory Compliance, Construction Products GroupTremco (Canada)
Francesca GuerreroPartnerThompson Hine LLP
Peter JeydelOf CounselSteptoe & Johnson LLP
In addition to the complexities of the current landscape, this session will delve into the finer points of positioning your program in anticipation of more export, re-export and economic sanctions:
- The interplay of new BIS semiconductor rules
- The rapidly changing China landscape, geopolitical tensions – and the impact on due diligence and supply chain risks
- The newest implications of rapidly evolving sanction on your export and reexport operations
- Dovetailing sanctions compliance with your export and re-export compliance protocols
- The banks’ shifting risk appetites for extending financing, credit, and authorizing more transactions
- Special considerations for export and re-export transactions involving U.S. -origin technology<
- Best practices to ensure your export, reexport and sanctions screening processes are up-to-date
Separating Fact from Fiction: Applying the Exceptions and Exemptions to The Foreign Direct Product and de minimis Rules
Andrew McAllisterPartnerHolland & Knight LLP
- Unpacking the relationship between foreign direct product regulations and de minimis rules
- What is (and isn’t) captured by the rules
- ECCNs that are (and aren’t) subject to the rule
- Determining if and when an item is a direct product of technology or software
- How the EAR defines “knowledge”
- The latest BIS Know-Your-Customer (KYC) rules and guidance
- Exploring the latest exceptions and exemptions that may be applicable – and the common missteps to avoid
- Special considerations for Iran
Networking Break
SPECIAL FOCUS ON CYBERSECURITY, EXPORT AND REEXPORT COMPLIANCE
Part 1
Getting Ready for CMMC 2.0: Demystifying the Compliance Requirements and Overcoming Implementation Challenges
Eric CrusiusPartnerHolland & Knight LLP
Wendy WagnerPartnerGowling WLG International
During this highly anticipated session, hear critical insights on the U.S. DoD’s Cybersecurity Maturity Model Certification (CMMC) 2.0, requiring all U.S. DoD contractors and subcontractors to undergo a third-party audit of their cyber security programs.
- DoD’s newly proposed “CMMC 2.0” regulations: what are the key issues?
- The process, limitations, and limited waivers to ensure the most comprehensive CMMC 2.0 implementation
- Understanding the necessary maturity level required based on your companies involvement with DoD contracts
- Analyzing the evolving changes and requirements as a result of the alignment of CMMC to NIST standard
- Dispelling common misconceptions about CMMC 2.0 program requirements
- Update on the CMMC 2.0 implementation schedule
- Special issues and strategies for Canadian companies to satisfy CMMC requirements
Compliance Weaknesses, Violations, and Penalties Under the Microscope: The Lesser-Known Takeaways from Recent Cases Against Companies and Individuals
Barbara LinneyPartnerBakerHostetler LLP (USA)
Darren RileyFounding MemberRiley Trade Law PLLC
This interactive, closing session will take stock of the most important lessons learned from recent cases, and impart practical guidance for upgrading your compliance blueprint further for 2024 and beyond.
Closing Remarks from the Co-Chairs, Conference Adjourns
Day 2
January 25, 2024
Opening Remarks from the Co-Chairs
Strengthening and Right-Sizing Your Compliance Program Amid Budgetary Constraints: The Newest Best Practices
Debi DavisConsultantITC Consulting
Monique LanevilleSenior Director, Global TradeCollins Aerospace
Adetayo OsuntogunPartnerBarnes & Thornburg LLP
- Adapting your export and re-export compliance program to rapid geopolitical, regulatory, and more changes
- Identifying new risks affecting your export and reexport operations -and determining how to best mitigate them within budgetary constraints
- Striking balance between risk management vs. bottom line
- How to assess, audit, and measure the effectiveness of your policies and procedures
- Compliance implementation and ways to structure your program based on your evolving needs
- Updating training (and re-training) for in-person and remote teams across your company
- Real-world examples of policy and process upgrades for better risk detection and management
Networking Break
Audience Polling & Hypothetical Scenarios- The Grey Areas of Deemed Export and Reexport Compliance in Canada: Concrete Examples of How to Address Dilemmas Involving Foreign, Dual, and Third Country Nationals
Ajay GuptaPrincipal ConsultantSterling Compliance / Sterling Agility
Susana LeeAttorneyCassidy Levy Kent (Canada) LLP
- Guidelines for interviewing candidates and how to analyze employee background checks and possible red flags
- Key considerations for due diligence in hiring
- The nuances of Dual and Third-Country national requirements under the EAR vs. ITAR
- Balancing export controls with Canadian human rights and privacy laws
- When to notify and seek an application
Networking Luncheon
Semiconductors and Military Applications: New and Surprising Lessons for Interpreting and Applying 15 CFR Part 744 of the EAR
Kay GeorgiPartnerArentFox Shiff LLP (USA)
On October 17, 2023, BIS \ released two interim final rules (known as the “October 2023 IFRs,” which tightened export controls on advanced computing items, semiconductor manufacturing equipment, and items that can support end uses related to the development and production of supercomputers, advanced-node integrated circuits and semiconductor manufacturing equipment.
During this timely session, delve into the finer points of these new rules along with ones already in place, and discuss how they will affect export operations and supply chains in expected (and unexpected ways).
Topics will include:
- New changes to technical parameters
- Expansion of ICs Controlled under ECCN 3A090
- Affirmative identification of items that “meet or exceed the performance parameters of 3A090 or 4A090” under new ECCN paragraphs and related export clearance requirements
- Semiconductor Manufacturing Equipment: Removal of ECCN 3B090, transfer of entries and expansion of ECCNs 3B001 and 3B002
- Expansion of End-Use Licensing Requirements in EAR § 744.23
Upgrading Third Party Due Diligence and Screening: Managing Key Risks and Red Flags That Are Harder to Detect and Mitigate
Ian-Andrew KnowltonExport Compliance Officer & Designated OfficialNovAtel
Brenda SwickPartnerCassels Brock & Blackwell LLP
- Special considerations with regard to Russia and China
- 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
- Re-assessing the impact of economic sanctions and evolving export controls on the scope of your due diligence and screening efforts
- Due diligence for third parties affected by Canadian and U.S. forced labour laws:
- Determining what is considered forced labour and examining the threshold
- How to investigate who is in the supply chain and what is considered appropriate evidence
- Keys risks and overcoming hurdles to identifying red flags
- 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
Part 2
Canadian Program for Cyber Security Certification (CPCSC): The Latest Updates and Its Implications On Your Export Operations and Global Business?
Paula Folkes-DallaireAssociate Assistant Deputy MinisterPublic Services and Procurement Canada
- How Canada’s new Cybersecurity Program aligns with the CMMC -and how it is different
- The prospect of mutual recognition by the U.S. under the U.S. Cybersecurity Maturity Model Certification (CMMC)
- Implementation timelines and resources for Small and Medium Enterprises (SMEs)