Virtual Proficiency Series on Export Administration Regulations 2023 - WEB

EARN CLE CREDITS

VIRTUAL PROFICIENCY SERIES

Export Administration Regulations CALENDAR-ALT September 12 – October 5, 2023 (Eastern Daylight Time) A 4-Week Deep Dive into Highly Technical, Complex EAR Requirements

Practical Learning with Leading Exporters: Boeing

Northrop Grumman

Comcast

Textron Systems Corporation

SEKO Logistics

TransDigm Group Inc.

Google L3 Harris Technologies

Your 1-Month Passport to EAR Proficiency: CALENDAR-ALT

Four weeks, Two sessions weekly

cogs Five in-depth modules

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28 hours of professional development

PENCIL-ALT

Four hands-on, practical sessions with case studies and hypotheticals

video Eight session recordings for future

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Build your “Brain Trust”, sounding board and global network

resource materials for your File-Alt Substantive daily work Certificate of completion + CLE credits Schedule permits attendance in all globe clock time zones

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REGISTER NOW

AmericanConference.com/Proficiency-EAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

Take a Deep Dive to Master the Essentials ACI’s highly anticipated Proficiency Series provides true immersion in the EAR with the objective of becoming proficient in four weeks.

Your Building Blocks for EAR Proficiency

Empowered Officials

WEEK 1 September 12 & 14

WEEK 2 September 19 & 21

WEEK 3 September 26 & 28

WEEK 4 October 3 & 5

Roadmap and Classification

Deemed Exports and Technology Transfers

Licensing Requirements and Exceptions

EAR Enforcement & Compliance in Practice

The Semiconductor, MEU, and the Direct Product Rules

The Essential Passport to Proficiency for:

Review of Proficiency Assignment and Open Q&A

Export Compliance Specialists, Coordinators and Administrators Vice Presidents, Directors and Managers of: • Trade/Export Compliance • Export Administration • Export Controls • Trade/Export Policy • Export Licensing

True Professional Development for Success on the Job

• International Trade Compliance

Your Blueprint to Proficiency: Immersive and Practical

• Government Contracting

• Interactive format that encourages dialogue with attendees and speakers • Convenient and easy to follow: Fits around your schedule, 2 times per week in easy-to-follow blocks focused on what you really need for your work

Real Life, Not Textbook • Expert speakers will take you through concrete experiences and “war stories” • Actionable takeaways for your work: Sharpen your knowledge and skills for success on the job

Connect: Build Your Network and "Brain Trust" • Build Your “Brain Trust” by connecting with likeminded professionals • Develop your sounding board and global network of community peers • Access a highly respected, diverse faculty with verified subject-matter expertise and track records • Join dedicated Q&A sessions with expert faculty

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General Counsel’s Office • Vice President, Legal Affairs/ Operations • International Trade Counsel • Export Controls Counsel Consultants Engineering Professionals

EXPERT INSTRUCTORS:

Learn from Industry Professionals with Verified Subject-Matter Expertise and Proven Track Records: Richard Baldwin Director of International Trade Compliance TransDigm Group Inc.

Laura Molinari Executive Director, Licensing, Policy, Sanctions, and Compliance Boeing Company

Nate Bolin Partner DLA Piper LLP

Luiz Prado Program Manager, Legal Specialist, Global Trade Compliance Google

Melissa Duffy Partner Fenwick & West LLP Michael Gershberg Partner Fried, Frank, Harris, Shriver & Jacobson LLP Alexandra Landis Senior Director Ankura Lila Landis Director, Global Compliance and Import Services SEKO Logistics

Real-Life Benefits of Attending:

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Renata Rice Director, International Trade Compliance Northrop Grumman

Debbie Shaffer Senior Manager, Sector Lead Commercial Aviation Solutions Sector L3Harris Technologies Jason Silverman Partner Dentons US LLP Mollie Sitkowski Partner Faegre Drinker Biddle & Reath LLP

Lori E. Scheetz Partner Wiley Rein LLP

Bob Vander Lugt Partner Little, Rothwell & Vander Lugt, PLLC

Anne Scheinfeldt Assistant Deputy General Counsel Comcast Cable

Clinton Yu Partner Barnes & Thornburg LLP

ADVANCE your career and professional development by becoming EAR proficient.

Hand-holding-box ADD VALUE to your organization with a practical roadmap for compliance.

SHARE-ALT CONNECT with a global community of export controls peers.

AmericanConference.com/Proficiency-EAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 1: September 12th, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific MODULE 1: Roadmap & Classification YOUR U.S. EXPORT CONTROLS ROADMAP: A Review of Key Concepts, Agencies, Their Jurisdictions and Roles – and Who to Contact for What Laura Molinari Executive Director, Licensing, Policy, Sanctions, and Compliance Boeing Company

Michael Gershberg Partner Fried, Frank, Harris, Shriver & Jacobson LLP

During this practical, opening session, the expert instructors will take you through the key agencies, their roles, as well as tips for how to contact and work with the agencies, and leverage online resources for keeping current.

JURISDICTION: EAR vs. ITAR • BIS, DDTC, DTSA, OFAC, DOJ and HSI: Which agency does what?

• What is a “re-export”?

• How the EAR defines “export” for technology and software vs. items

• What is the Entity List?

• Defining “dual-use,” “technical data” and “technical assistance”

CLASSIFICATION: EAR Parts 732, 736, 738, 742, 744, 746, 772 and 774-ACCL and CCC • What are EAR-controlled commodities, technology and software?

• Best practices for navigating CCL categories, product groups and series

• Understanding the 10 categories under the Commerce Control List (“CCL”) under 15 CFR §774, Supplement 1

• What is the Commerce Country Chart (“CCC”)

• EAR99, 600-Series, and other ECCNs

ECCNs • Navigating ECCNs • How to identify the right ECCN for an item • How to match specific characteristics of your item to an ECCN

• What to do once you obtain your ECCN, and how to determine if an export license is required • What do you do if no ECCN fits your product?

• Determining the right ECCN for technology and software, including emerging technologies

MILITARY ITEMS AND THE 600 SERIES • Military items controlled under the EAR and the 600 Series • How to successfully “catch” and “release” – navigating paragraph (a) and (b) • The most common pitfalls in the “catch” and “release” process • Classifying non-U.S. origin items produced with U.S. origin content or technical data

• Questions to ask when classifying new technologies, and conducting market and IT functionality analyses • When to contact the manufacturer, producer, or developer • Documentation and appropriate record keeping to support your determination

“SPECIALLY DESIGNED” • Tips and tricks for self-determining items as “specially designed” and understanding exemptions

• How to apply the “specially designed” criteria in the CCL

CCATs • Commodity Classification Request (CCATS) to BIS: When and how to submit a CCATs

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WEEK 1: September 14th, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific MODULE 2: Tricky EAR Areas The Semiconductor Rule, MEU and the Direct Product Rules Lila Landis Director, Global Compliance and Import Services SEKO Logistics

Richard Baldwin Director, International Trade Compliance TransDigm Group Inc.

Clinton Yu Partner Barnes & Thornburg LLP

15 CFR Part 744-Military User and End-User Regulations: Need-to-Know Concepts for Semiconductor Equipment and Technologies, MEUs, and Their Practical Impact • Defining “military end-user” • EAR Section 744.21 restrictions on the export, reexport, and transfer of certain items for “military end uses” • How and why the Commerce Department expanded the “Military End-User” definition to include: any item “that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, ‘development,’ or ‘production,’ of military items.”

• Understanding the six elements of the “use” definition in the EAR • Recent expansion of restrictions on the provision of items to “Military End-User” to China • EAR Section 744.22 restrictions on the export, reexport, and transfer of certain items for military-intelligence end uses

• Products, software, and technology, including lower-level encryption items, semiconductor equipment and technology, and aircraft parts and components • EECNs 2A290, 2A291, 2B999, 2D290, 3A991, 3A992, 3A999, 3B991, 3B992, 3C992, 3D991, 5B991, 5A002, 5D0002, 5A992, 5D992, 6A991, 6A996, and 9B990 • New ECCNs 3A090, 4A090 • Regional Stability (RS) controls for certain items: “Y” paragraph of 600-series and 9×515 ECCNs • Exports or re-exports to China or in-country transfers within China of items covered by § 744.21 • What recordkeeping is necessary throughout the product development of a 600 Series item?

• Supplement No. 2 to Part 744: Items subject to the military end use/end user restrictions

Foreign Direct Product Rule: General Prohibition 3 Under the EAR • What is (and isn’t) captured by the rule?

• How the EAR defines “knowledge”

• ECCNs that are subject to the rule

• Understanding BIS Know-Your-Customer (KYC) rules and guidance

• Determining if and when an item is a direct product of technology or software

15 CFR Part 744-Superconductor and Semiconductor Manufacturing End Use • Product scope - what ECCNs are affected?

• What territories are affected?

• End use scope - what activities are affected?

• Can license exceptions be used?

Hypothetical Exercises, Q & A and Review: Classification, Military User and End-User Regulations The expert instructors will take you through three scenarios, and how to apply key definitions and requirements. A helpful way to solidify your grasp of key concepts and understand their practical application. As a closing segment, instructors will provide additional clarification and guidance, and take your question .

REGISTER NOW

AmericanConference.com/Proficiency-EAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 2: September 19th, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific

WEEK 2: September 21st, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific

MODULE 3

MODULE 3

Part I: Deemed Exports and Technology Transfers

Part II: Deemed Exports and Technology Transfers

Luiz Prado Program Manager, Legal Specialist, Global Trade Compliance Google

Alexandra Landis Senior Director Ankura

Lori E. Scheetz Partner Wiley Rein LLP

Melissa Duffy Partner Fenwick & West LLP

734.13(b) of the EAR: The Nuts and Bolts of Deemed Export and Re-Export Compliance

Sections 734.2(b), 734.15 and 734.20: Technology Transfers Under the EAR

• Key definitions, including “deemed export,” “re-export” and “foreign national”

• How to define “technology” and “technical data” under the EAR

• Understanding the “deemed export” rule governing transfers of U.S.- origin technology and technical data to foreign nationals

• EAR definitions of a “release” of “technology” or source code under Section 734.15

• When is a BIS license required for a foreign national?

• Activities that are not “deemed” re-exports under Section 734.20

• Practical tips for interpreting deemed export rules

• Exemptions to technology regulation: Published technology, fundamental research, nonproprietary systems descriptions

• Minimizing the risk of sharing controlled technical data with suppliers, customers, and business partners

Technology Control Plans: Core Elements

• What is permissible when screening for nationality to satisfy export control requirements: Antidiscrimination laws and their intersection with export controls

• What is a technology control plan (“TCP”)?

• Working with HR to on how to effectively communicate and document nationality and export control issues with job candidates • Practical tips for detecting, mapping, and evaluating risk

• Examples of IT controls and network access rights • Risks associated with R&D, JV, and other business partners: How to assess if they are complying with export control rules when handling your technology?

• Instituting proper controls for the sharing of information between foreign parties, parent companies, subsidiaries, and affiliates

Hypothetical Exercises, Q & A and Review

• Determining administrator and user access based on identity, location, and rights

Toward solidifying your understanding of deemed exports, re-exports and technology transfer rules, the instructors will discuss a case study, how to put theory into practice and take your questions. A helpful way to solidify your grasp of key concepts and understand their practical application.

As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

Provides in-depth, practical knowledge and experience that I will be able to take back to improve our processes and program.

OSHKOSH CORPORATION

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WEEK 3: September 26th, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific

WEEK 3: September 28, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific

MODULE 4

MODULE 4

PART I: Licensing Requirements and Exceptions

Part II: Licensing Requirements and Exceptions

Debbie Shaffer Senior Manager, Sector Lead Commercial Aviation Solutions Sector L3Harris Technologies

Renata Rice Director, International Trade Compliance Northrop Grumman

Jason Silverman Partner Dentons US LLP

Nate Bolin Partner DLA Piper LLP

When and How to Submit an EAR License Application: The Fundamentals of Form BIS-748P, Using SNAP-R and Reducing the Risk of RWAs This segment will consist of a deep dive into when an EAR license is required-and how to submit an application that meets BIS expectations.

The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply • Application and significant developments related to key exceptions, including: Additional Permissive Reexports (APR)

As part of this session, instructors will analyze sample license applications to highlight the essential do’s and don’ts.

• Shipments of Limited Value (LVS)

Essential elements of Form BIS-748P and the SNAP-R system

• Shipments to Country Group B Countries (GBS)

• 600 Series licensing and associated challenges • How to draft effective license applications: BIS requirements and expectations • Supplemental information required in the application • Developing data sheets, end-user statements and cover letters • Preparing supporting documentation verification of ECCNs » end-use of items to be exported » documents supplied by the prospective purchaser » international import certificate » statement of ultimate consignee and purchaser • Technology Control Plans and other detailed information for deemed export applications • The approvals process, expected timeline and how to reduce the risk of delay • Requests for additional information: How are licensing determinations made by BIS?

• Servicing and Replacement of Parts and Equipment (RPL) • Strategic Trade Authorization (STA) • Technology and Software Under Restriction (TSR) • Technology and Software Unrestricted (TSU) • Aircraft, Vessels and Spacecraft (AVS) • Temporary Imports, Exports, Re-Exports, and Transfers (TMP) • Encryption Commodities, Software, and Technology (ENC)

Hypothetical Exercises, Q & A and Review on the Do’s and Don’ts Toward solidifying your understanding of licensing requirements and exceptions, the instructors will take you through a series of hypothetical scenarios to help you apply and take advantage of license exceptions in a practical manner. Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

• What triggers a Return Without Action (RWA)?

• Accepting and implementing conditions • Process for amending a license • Re-export licenses and license responsibility for foreign parties

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AmericanConference.com/Proficiency-EAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 4: October 3rd, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific MODULE 5 EAR Enforcement & Compliance in Practice and Perspectives on the Great Enforcement Shift Anne Scheinfeldt Assistant Deputy General Counsel Comcast Cable

Mollie Sitkowski Partner Faegre Drinker Biddle & Reath LLP

The Essentials of an Effective Export Compliance Program (ECP) • What are the core elements of an effective export management and compliance program?

• How exporters are upgrading their tracking of classification and re-classification

• Concrete examples of the changes that exporters are making to stay compliant in the wake of recent developments

• Recordkeeping do’s and don’ts

BIS “Know Your Customer” Guidance, Supply Chain-Screening and Red Flags: The Essentials of Vetting Third Parties, End-Users and End-Uses • What are the most important risk areas to consider when screening, vetting, and choosing suppliers?

• How can companies identify and resolve third party risks early on?

• Overview of BIS “Know Your Customer” Guidance • Screening based on the Denied Persons List and Entity List • “Red Flags” that should trigger suspicion at the due diligence phase

• Where the exporter’s responsibility for third party compliance begins and ends • Vetting and due diligence of third parties, including subcontractors, freight forwarders, distributors, customs brokers, customers, re-sellers and others • Contractual safeguards to implement for orders and shipments, nature and extent of audit rights, and when to terminate the relationship due to export enforcement risks • How to monitor supplier and other third-party outsourcing activities

• Key EAR requirements for freight forwarders and other third parties throughout the supply chain

The Great Enforcement Shift: Key EAR Enforcement Actions and Compliance Lessons Learned • The New Disruptive Technologies Strike Force: Enforcement impacts

• What can mitigate versus increase your company’s exposure?

• How do enforcement agencies work together to enforce the EAR?

• How do you handle law enforcement requests for help in the investigation of a third party?

• What kinds of EAR violations trigger an enforcement response?

• What is a voluntary disclosure? How BIS approaches them – and the impact on enforcement

• What pushes a case from a warning letter to a penalty – and what can lead to criminal prosecution?

Already the first module was a great opportunity to get to work with seasoned trade compliance professionals in an in-depth discussion of very complex trade compliance subjects with the upcoming generation of trade compliance leaders. The presentations were challenging and the very thought-provoking questions from the audience were even more so. All in all, it was an excellent way to spend an afternoon.

VICE PRESIDENT – GLOBAL TRADE COMPLIANCE, LEONARDO DRS

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WEEK 4: October 5th, 2023 • 1:00–4:30pm Eastern/ 10:00am–1:30pm Pacific MODULE 6 Review of Proficiency Assignment and 1:1 Q&A Bob Vander Lugt Partner Little, Rothwell & Vander Lugt, PLLC pencil Review of Proficiency Assignment In advance of this last unit, participants will complete an assignment on the life cycle of an export. The questions will be based on a case study of an export transaction from A to Z. During the session, participants will share their responses to the assignment questions, followed by feedback from the expert instructors.

Award of “Passport to Proficiency” Participants who have completed all Units will receive a certificate reflecting their proficiency in the essentials of the Export Administration Regulations.

Comments 1:1 and Smaller-Group Q&A Each participant will benefit from the opportunity to engage in 1:1 and smaller-group Q&A with instructors.

UPCOMING EVENTS

U.S.-CHINA TRADE CONTROLS

ITAR

October 12 – 13, 2023 | Washington, DC

October 17 – November 9, 2023 | VIRTUAL SERIES

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Register your colleague for either the 5th Conference on U.S.-China Trade Controls or Passport to Proficiency in the ITAR and they will receive 10% off the registration fee.

Group rates are also available! Make sure to use code D10-999-PASSPORT to receive the 10% off!

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