Pre-Conference Workshops

Integrating U.S. and Canadian Export Control Compliance Best Practices

Jan 28, 2019 9:00am – 12:30pm

Speakers

Barbara Linney
Partner
BakerHostetler

Jean-Marc Clément
Attorney
Clement Law Office Inc.

An In-Depth Review of U.S. Sanctions Regulatory Regimes and Best Practices for Maintaining an Effective Compliance Program

Jan 28, 2019 1:30pm – 5:00pm

Speakers

Thaddeus McBride
Partner
Bass, Berry & Sims PLC

Joseph Gustavus
Senior Principal
Miller Canfield

Day 1 - Tuesday, January 29, 2019

8:30
Registration and Coffee
9:00
Co-Chairs’ Opening Remarks
9:15
Trends in Canadian Export Controls for 2019 and Beyond
10:15
Refreshment Break
10:30
Latest Developments on U.S. Export and Re-Export Requirements
11:30
Navigating the Intersection between International Trade and National Security
12:15
Networking lunch
1:30

ITAR AND EAR CLASSIFICATIONS

Reconciling your Compliance Program to Deal with the Most Challenging Classification Challenges
2:30

ECONOMIC SANCTIONS BLIND SPOTS

Staying Compliant with US Sanctions for US Relating to US Origin Parts and Foreign Persons
3:30
Afternoon Refreshments
3:45

WHAT WOULD YOU DO IF…

Practical and Interactive Hypotheticals on Export Controls
4:45
End of Day One

Day 2 - Wednesday, January 30, 2019

8:50
Morning Coffee
8:55
Co-Chairs’ Opening Remarks
9:00

EXPORT CONTROLS ENFORCEMENT PANEL

Latest Regulatory and Enforcement Priorities
10:00

FOCUS ON CLOUD COMPUTING

How to Bulletproof Your Export and Re-Export Compliance Program for “Data on the Move” and “Data at Risk”
11:00
Refreshment Break
11:15

ITAR AND EAR CLASSIFICATIONS

Focus on Foreign Persons Subject to the ITAR Licensing and Exemptions
12:15
Networking lunch
1:30

FOCUS ON AUDITS

Best Practices in Conducting Export Compliance Audits/Investigations
2:15
Afternoon Refreshments
2:30

EMPLOYEE TRAVEL

Top Compliance Tips for Employees Taking Personal Devices Across Borders
3:30

PRACTICAL GUIDANCE

Compliance Export Dilemma’s – What Would You Do?
4:15
Conference Adjourns

Day 1 - Tuesday, January 29, 2019

8:30
Registration and Coffee
9:00
Co-Chairs’ Opening Remarks

Gary Stanley
President
Global Legal Services, PC

Ken Purchase
Director, International Trade Compliance
Pratt & Whitney Canada

9:15
Trends in Canadian Export Controls for 2019 and Beyond

Rouben Khatchadourian
Director General Trade Controls Bureau
Global Affairs Canada

Antoine Parker
Senior Director of the Controlled Goods Program
Public Services and Procurement Canada

  • Plans and priorities for 2019
  • Representing US companies under Canada’s new broker rules
  • Status of C-47 bill
  • Update on Canadian Controlled Goods program
  • Changes in Canada’s Export Control List
  • An opportunity to pose questions directly to government agencies

10:15
Refreshment Break
10:30
Latest Developments on U.S. Export and Re-Export Requirements

Hillary Hess
Director of the Regulatory Policy Division, Bureau of Industry and Security
U.S. Department of Commerce

Gary Stanley
President
Global Legal Services, PC

  • Update on U.S. Export Controls– what has been done and what is next?
  • Increase in Section 232 investigations
  • Plans to re-write the ITAR – re-organisation of definitions and exemptions
  • Changes to UN munitions list 1-3 and commerce control list
  • After 3-D gun publishing case, what constitutes public domain information?

11:30
Navigating the Intersection between International Trade and National Security

Barbara Linney
Partner
BakerHostetler

  • How a company’s export and sanctions compliance posture impacts foreign investment review
  • When can a facility security clearance enable use of ITAR exemptions?
  • What is an “emerging and foundational technology” and what new controls apply?
  • What is the risk of U.S. national security tariffs and how will the USMCA mitigate that risk?

12:15
Networking lunch
1:30

ITAR AND EAR CLASSIFICATIONS

Reconciling your Compliance Program to Deal with the Most Challenging Classification Challenges

Ken Purchase
Director, International Trade Compliance
Pratt & Whitney Canada

Gordon Clarke
Director
Cesaroni Technology Inc.

  • When does an item or technology become ITAR-controlled?
  • When is non-US origin data considered “derived data” for US re-export purposes
  • Update on Canadian exemptions
  • Dual-use hurdles
  • “Specially designed” vs. “Designed or modified”

2:30

ECONOMIC SANCTIONS BLIND SPOTS

Staying Compliant with US Sanctions for US Relating to US Origin Parts and Foreign Persons

Selena Garreaud
Director of Export Control and Compliance
C Series Aircraft Limited Partnership (CSALP)

Kay Georgi
Partner
Arent Fox LLP

Andy Crisp
VP Trade Compliance
CGG

  • Changes in Russian sanctions
  • Iran – The impact for Canadian operations on withdrawal of the US from the JCPOA
  • Updating your compliance program to include rapidly changing developments
  • Integrating export controls compliance with sanctions compliance programs

3:30
Afternoon Refreshments
3:45

WHAT WOULD YOU DO IF…

Practical and Interactive Hypotheticals on Export Controls

Bryce Bittner
Director of Global Trade Compliance
Textron

John Boscariol
Partner
McCarthy Tetrault

Participate in an interactive discussion focusing on complex scenarios faced by Canadian export practicioners. Expert speaking faculty will share detailed and informative guides in a practical context to help delegates in evaluating and navigating the complex risks with specific focus on relevant transactions.

4:45
End of Day One

Day 2 - Wednesday, January 30, 2019

8:50
Morning Coffee
8:55
Co-Chairs’ Opening Remarks
9:00

EXPORT CONTROLS ENFORCEMENT PANEL

Latest Regulatory and Enforcement Priorities

Giovanna Cinelli
Practice Lead, International Trade and National Security
Morgan, Lewis & Bockius LLP

  • What are the status of enforcement policies under the Trump Administration?
  • How can industry prepare for the many new SDNs and Entity List additions?
  • Lessons learned from ZTE

10:00

FOCUS ON CLOUD COMPUTING

How to Bulletproof Your Export and Re-Export Compliance Program for “Data on the Move” and “Data at Risk”

Karen Wyman
Senior Manager, Trade Compliance- EO
Elbit Systems of America

Kerry Scarlott
Partner
Baker & Hostetler LLP

  • Scope of U.S. cloud controls under ITAR/EAR/DFARS
  • When do export controls kick in for sensitive cloud contained data?
  • How to best protect cloud data through the use of technology
  • Establishing company policy for electronic submission and sharing of controlled risk

11:00
Refreshment Break
11:15

ITAR AND EAR CLASSIFICATIONS

Focus on Foreign Persons Subject to the ITAR Licensing and Exemptions

Fernando Torres
Manager, Export Compliance/Designated Official CGP
Top Aces Inc.

Jack Hayes
Partner
Steptoe & Johnson LLP

  • Applications of ITAR exemptions to technical data and defence services
  • ITAR 126.5 exemptions
  • Recordkeeping and reporting requirements associated with the Canadian exemption
  • How to calculate and document de minimis under the EAR
  • Best practice methods being used by Canadian industry to make the most of EAR licencing exceptions
  • Pitfalls to watch out for

12:15
Networking lunch
1:30

FOCUS ON AUDITS

Best Practices in Conducting Export Compliance Audits/Investigations

Elliot Burger
Senior Counsel, Legal Services
Linamar Corporation

Thaddeus McBride
Partner
Bass, Berry & Sims PLC

  • Determining when an audit or investigation is needed
  • Putting together your team
  • Conducting the audit or investigation
  • Reporting on the outcome
  • Implementing appropriate remedial measures

2:15
Afternoon Refreshments
2:30

EMPLOYEE TRAVEL

Top Compliance Tips for Employees Taking Personal Devices Across Borders

Gary Stanley
President
Global Legal Services, PC

  • Guidelines for carrying electronic devices when employees travel
  • Additional procedures when traveling to high risk areas including wiped phone and computers
  • What are the best practices for advising employees on what devices and equipment they can take and how to avoid falling foul of the rules in different jurisdictions

3:30

PRACTICAL GUIDANCE

Compliance Export Dilemma’s – What Would You Do?

Ken Purchase
Director, International Trade Compliance
Pratt & Whitney Canada

This session will focus on the most pressing audience questions relating to a potential export violation on topics including determining if internal investigations are needed, filing of voluntary disclosures, post-disclosure expectations from various Canadian and US agencies, and the implementation of corrective action. Attending this session will give audience members the opportunity to pose their questions directly to our expert speaking faculty, and discuss key issues facing compliance professionals in 2019.

4:15
Conference Adjourns

Integrating U.S. and Canadian Export Control Compliance Best Practices

Jan 28, 2019 9:00am – 12:30pm

Barbara Linney
Partner
BakerHostetler

Jean-Marc Clément
Attorney
Clement Law Office Inc.

What is it about?

Back by popular demand, this session will provide an in-depth analysis of the complex challenges posed by the developing interaction between Canadian and U.S. export and re-export control regimes. Designed to serve as both a refresher for experienced export compliance officers, and those new to the space, this workshop will offer a solid foundation for the discussions due to take place in the main conference. Learn the fundamentals of incorporating both Canadian and U.S. export control regimes into your compliance strategy, as well as preparing practitioners on managing the common pitfalls of managing a compliance program across the border. Topics will include:
  • Understanding classification differences between the EAR, ITAR, and the Canadian ECL and building a classification-based compliance system
  • How to calculate and document de minimis under the EAR and track items in your supply chain and product base that are subject to the EAR
  • Managing disparate treatment of dual and third-country nationals and technology transfers under the ECL, ITAR and EAR
  • Leveraging your Controlled Goods Programme registration or facility security clearance to take advantage of ITAR exemptions and exceptions
  • Understanding the different approaches taken on sanctions in the two countries and how they interact/conflict in the export control context
  • Co-ordinating cross-border disclosures
  • Explore creative solutions to compliance challenges in the context of real-life scenarios

An In-Depth Review of U.S. Sanctions Regulatory Regimes and Best Practices for Maintaining an Effective Compliance Program

Jan 28, 2019 1:30pm – 5:00pm

Thaddeus McBride
Partner
Bass, Berry & Sims PLC

Joseph Gustavus
Senior Principal
Miller Canfield

What is it about?

By participating in this interactive workshop, delegates will receive a comprehensive and current overview of key U.S. sanctions impacting Canadian operations.   This workshop will include a highly interactive discussion session with focus on realistic hypothetical scenarios which will help to strengthen participants analytical skills in evaluating the sanctions risks of potential transactions including Russia and Iran. Topics will include:  
  • Review of the OFAC reporting requirements and Economic Sanctions Enforcement Guidelines
  • Best practices for efficient and effective agency cooperation
  • Navigating the divergence between the United States withdrawl from the JCPOA
  • Best practices for remaining compliant against the backdrop of rapidly changing regulations
  • Performing an effective internal sanctions investigation
  • Disclosing violations to OFAC
  • Implications for various industries following developing Russian Economic Sanctions
  • Developing a contingency plan for the potential reverses in sanctions policies