Passport to Proficiency on the ITAR (2023) - WEB

EARN CLE CREDITS

ITAR Passport to Proficiency on the

CALENDAR-ALT October 17 – November 9, 2023 VIRTUAL SERIES

A Four-Week Deep Dive into Highly Technical, Complex Requirements in the International Traffic in Arms Regulations

The Latest Guidance on ITAR Open General Licensing from: Practical Learning with Leading Exporters: ą Honeywell ą Oracle

Your One-Month Passport to ITAR Proficiency:

CALENDAR-ALT

ą Leidos

Four weeks, Two sessions weekly

cogs Five in-depth modules clock

ą Lockheed Martin ą Northrop Grumman

Damon Smith Foreign Affairs Officer Directorate of Defense Trade Controls (DDTC)

PENCIL-ALT video

28 hours of professional development Four hands-on, practical sessions with case studies and hypotheticals Eight session recordings for future reference

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

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Substantive resource materials for your daily work Certificate of completion + CLE credits

permits attendance in globe Schedule all time zones

REGISTER NOW AmericanConference.com/Proficiency-ITAR • 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 ITAR with the objective of becoming proficient in four weeks.

Your Building Blocks for ITAR Proficiency WEEK 1 October 17 & 19

WEEK 2 October 24 & 26

WEEK 3 October 31 & November 2

WEEK 4: November 7 & 9

PART I: Compliance Roadmap & Classification

PART I: Foreign, Dual & Third Country Nationals, and Technology Transfers

PART I: Licensing Requirements, Agreements and Exemptions

The Core Elements of an Effective ITAR Compliance Program, Due Diligence and Supply Chain Management

PART II: The “How To” of ITAR Classification

PART II: Foreign, Dual & Third Country Nationals, and Technology Transfers

PART II: Licensing Requirements, Agreements and Exemptions

Review of Proficiency Assignment and Q&A

True Professional Development for Success on the Job Your Blueprint to Proficiency: Immersive and Practical

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

Real Life, Not Textbook

y Expert speakers will take you through concrete experiences and “war stories” y Actionable takeaways for your work: Sharpen your knowledge and skills for success on the job

Connect: Build Your Network and "Brain Trust"

y Build Your “Brain Trust” by connecting with like-minded professionals y Develop your sounding board and global network of community peers

y Access a highly respected, diverse faculty with verified subject-matter expertise and track records y Join dedicated Q&A sessions with expert faculty

Media Partners:

2 | LINKEDIN ACI: International Trade: Legal, Regulatory & Compliance Professionals

EXPERT INSTRUCTORS Government Faculty: Damon Smith Foreign Affairs Officer Directorate of Defense Trade Controls (DDTC)

Learn from Expert Instructors with Verified Subject-Matter Expertise and Proven Track Records: Michael Mellen Director, International Trade Compliance Sikorsky, a Lockheed Martin Company

Jahna Hartwig Senior Counsel Wilson Sonsini Goodrich & Rosati PC

Andrew K. McAllister Partner Holland & Knight LLP

Kelly McCorkle Senior Trade Advisor Schulz Trade Law PLLC

D. Grayson Yeargin Partner Jones Day

Darren Riley Partner Riley Trade Law PLLC

Brent Missimer Corporate International Trade Compliance Attorney Leidos

Kimberly A. Strosnider Partner Covington & Burling LLP

Chris Stagg Counsel Miller & Chevalier Chartered

Denise Lester Manager, International Trade Compliance Northrop Grumman

Iliyana (Hristev) Dwivedi Senior Director, Global Export Compliance Oracle

Olga Torres Founder and Managing Member Torres Trade Law, LLC

Christopher H. Skinner Partner Williams Mullen

Jack Hayes Of Counsel Steptoe & Johnson LLP

Alexis Farris Wetzler Assistant General Counsel, Export Compliance Honeywell

Real-Life Benefits of Attending: ADVANCE your career and professional development by becoming ITAR proficient.

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

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CONNECT with a global community of export controls peers.

REGISTER NOW AmericanConference.com/Proficiency-ITAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 1 MODULE 1 | PART 1

MODULE

Compliance Roadmap & Classification Calendar-alt Tuesday, October 17, 2023

1

Clock 1:00 p.m.–4:30 p.m. (ET)

Michael Mellen Director, International Trade Compliance Sikorsky, a Lockheed Martin Company

Andrew K. McAllister Partner Holland & Knight LLP

D. Grayson Yeargin Partner Jones Day

Your U.S. Export Controls Roadmap: A Review of Key Concepts, Agencies, Their Jurisdictions and Roles — and Who to Contact for What As a primer for the day ahead, speakers will review key agencies for ITAR and other export-controlled goods and technologies, their roles, and key tips for staying on their “good sides.”

• Jurisdiction: ITAR vs. EAR

• BIS, DDTC, DTSA, OFAC, DOJ, and HSI: Which agency does what?

• What is covered by the U.S. Munitions List (USML)

• What is an "export" and "re-export"?

The Essentials of Classification for "Defense Articles", "Technical Data" and "Defense Services": Key Pitfalls and Lessons Learned • Identifying when foreign commercial products and technology can become ITAR-controlled • Considerations for classification of sensitive technologies that are not on the USML

I.

Defense Articles

• Definition of “defense articles”

• Definition of “public domain” and of ITAR’s “See Through” rule

• Clarifying ITAR application to commercial and “dual-use” items

• Integrating commercial and defense technologies

• How original design intent, government funding, specifications, underlying technology, and intended market can affect jurisdiction

II. Technical Data • Defining “technical data” and “export” of technical data under the ITAR

• Recent DDTC guidance on how to control technical data

• Determining whether technical data is in the “public domain” under 120.11

• Reducing the risk of technical data export violations

• Identifying whether technical data is ITAR-controlled

• Complying with restrictions governing “technical” discussions

III. Defense Services • What are “defense services” under the ITAR? Common examples and pitfalls to avoid

• How U.S. persons can engage in ITAR-controlled “defense services” by simply providing public domain information

• How the broad definition of “defense services” affects commercial business

• How “defense services” can cover technical data related to ITAR-controlled items

ITAR Parts 120 & 121: The “Specially Designed” Definition: Where Exporters Have Gone Right and Wrong in Determining ITAR Jurisdiction • What is the “specially designed or modified” reach of the ITAR?

• The do’s and don’ts for self-classifying items as “specially designed”

• What are the qualifiers for a “specially designed” designation?

• How to ensure adequate documentation to support your position

• A review of the most common mistakes by industry when making this determination

4 | LINKEDIN ACI: International Trade: Legal, Regulatory & Compliance Professionals

WEEK 1 MODULE 1 | PART 2

MODULE

The “How To” of ITAR Classification

1

Calendar-alt Thursday, October 19, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Brent Missimer Corporate International Trade Compliance Attorney Leidos

Chris Stagg Counsel Miller & Chevalier Chartered

Classification/Re-Classification in Practice: A Step-by-Step Guide to Structuring Your Classification Approach, and the Most Common Missteps to Avoid • The fundamental importance of jurisdiction and classification • Ensuring self-classification follows a proper analysis through the order of review and uses essential sources • What is the approach to take for self-classification, compared with writing a Commodity Jurisdiction (CJ) request?

• Handling situations where an item meets the control criteria of multiple entries by determining the correct classification • Understand how to approach self-classifications for hardware, technical data, software, and services • How do companies design and maintain jurisdiction and classification systems (e.g., creating databases to store the classifications, creating bucket classification groups)?

• How to create defendable self-classification assessments, especially when it is determined the item is not subject to the ITAR • The use of engineers and other subject-matter experts to perform selfclassifications • What to do if there is an error in self-classification? Does it mean there is a violation?

• ITAR jurisdiction and classification issues concerning foreign made products • Addressing the ITAR see-thru rule and other important rules • Relying on supplier and manufacturer self-classifications • When to revisit previous self-classifications

ITAR Sections 120.3 and 120.4 – When to Use the Commodity Jurisdiction Process, and How to Draft a CJ Request Through a review of best practices and common pitfalls, you will gain comprehensive guidance for preparing CJ requests- and deciding when to file a CJ instead of conducting a self-determination. You will also benefit from insight on how DDTC and DTSA review CJ requests, and recent trends in jurisdictional determinations..

• Preparing a CJ request: What you need to submit, what supporting material to include and other key elements • DDTC Guidelines for preparing CJ requests: What the State Department expects • Who should prepare CJ requests and when • Key factors affecting CJ determinations: Recent trends in rulings and lessons learned

• How to interpret CJ determinations, and what you can do with them • The consequences of filing a CJ determination: Pre-filing, while awaiting a decision, and afterwards • Strategic uses of the commodity jurisdiction procedure • Alternatives to using the commodity jurisdiction process

Hypothetical Exercises, Q&A and Review Toward solidifying your understanding of this session, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

REGISTER NOW AmericanConference.com/Proficiency-ITAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 2 MODULE 2 | PART 1

Foreign, Dual and Third Country Nationals, and Technology Transfers Calendar-alt Tuesday, October 24, 2023

MODULE

Clock 1:00 p.m.–4:30 p.m. (ET)

Iliyana (Hristev) Dwivedi Senior Director, Global Export Compliance Oracle

2

Christopher H. Skinner Partner Williams Mullen

ITAR Sections 120.10, 120.17, 124.1, 125.2, 125.3 and 126.18 – How to Comply with Foreign, Dual and Third Country National Rules • How DDTC defines “foreign national”, “dual national”, “third country national”, “U.S. person” and “access”: Impact of dual and third country national requirements under 126.18, and available exemptions • How the ITAR addresses the sharing of technology with foreign persons inside and outside the U.S.

• Incorporating export controls language into your offer letters, employment agreements and using non-disclosure agreements (NDAs) • Assigning foreign persons to ITAR sensitive areas: Avoiding deemed export/re-export violations, and to how to badge non-U.S. persons

• Screening and interviewing foreign nationals without discriminating on the basis of national origin: Reconciling the ITAR with EU, Australian and Canadian human rights and privacy laws

Technology Transfers Under the ITAR • How to define “technology transfer”

• Flagging R&D and engineering that can pose ITAR compliance risks

• Special considerations for IT access: Key ITAR risks associated with your networks, servers, cloud applications, mobile devices and social media activity

• Examples of technology transfers in the cloud, on social media and via email

Hypothetical Exercises, Q&A and Review Toward solidifying your understanding of this session, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

I had fun and it was nice to engage with others in the field who are having similar challenges. It was a great session. I plan to dial in to future sessions.

Director – International Trade Compliance, Gulfstream Aerospace Corporation

6 | LINKEDIN ACI: International Trade: Legal, Regulatory & Compliance Professionals

WEEK 2 MODULE 2 | PART 2

MODULE

Foreign, Dual & Third Country Nationals, and Technology Transfers

2

Calendar-alt Thursday, October 26, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Alexis Farris Wetzler Assistant General Counsel, Export Compliance Honeywell

Jahna Hartwig Senior Counsel Wilson Sonsini Goodrich & Rosati PC

A Deep Dive into Required Technology Controls: Managing Visitor and IT Access to ITAR-Controlled Technical Data • Controlling foreign nationals’ access to ITAR-controlled data: When a password, absolute lockdown and/or email controls are required

• Protecting hardware and servers: When to create separate servers for controlled information and/or partition drives

• Managing access risks posed by offshore IT support, cloud computing and e-rooms for electronic collaboration

• Cloud computing do’s and don’ts

• Protecting U.S. origin data on laptops and servers • Managing email transfers of technical data: Tracking and marking sensitive communications, and designating emails

• Requirements for recordkeeping, storage, data maintenance, preservation and retrieval procedures • Working with your IT Department, and conducting reviews of your IT program • Controlling visitor access to restricted areas and physical access to your facility

Special Considerations for Laptops, E-Mails, Mobile Devices and Employee Travel • How to use IT security software such as DLP to pull data back onto U.S. servers • Which countries have import/use restrictions on encryption items?

• Reconciling BIS and ITAR license exemptions • Practical examples of travel procedures and clean device requirements

• Concerns about accessing company networks and downloading while abroad

Due Diligence of Cloud Service Providers, ITAR-Controlled Data and Your Compliance Plan: How Far You Need to Go • Key ITAR compliance risks in the cloud • Traversing considerations for infrastructure as a service (IaaS), Platform as a Service (PaaS), Software as a Service (SaaS) • Reconciling Commercial vs. Government Cloud

• DFARS, National Institute of Standards & Technology (NIST) 800-171, and U.S. Export Controls • Practical examples of how companies are navigating compliance with these types of solutions

The Nuts and Bolts of TCPs & TTCPs: Your Step-by-Step Checklist Through a review of sample TCPs and TTCPs, the speakers will take you through the essentials and address, among other issues: • How to control access by foreign nationals and other unauthorized persons to controlled data • How to “right size” compliance for your organization

• Best practices for IT controls and network access rights • Tips for Facility Management and Technology Control Plans

• Identifying tailored facility concerns for your organization (e.g., screening visitors, requiring sign-in, badges and accompanied hosts, etc.)

Hypothetical Exercises, Q&A and Review Toward solidifying your understanding of this session, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

REGISTER NOW AmericanConference.com/Proficiency-ITAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 3 MODULE 3 | PART 1

MODULE

Licensing Requirements and Exemptions Calendar-alt Tuesday, October 31, 2023

3

Clock 1:00 p.m.–4:30 p.m. (ET)

Kelly McCorkle Senior Trade Advisor Schulz Trade Law PLLC

Darren Riley Partner Riley Trade Law PLLC

How to Prepare and Secure an ITAR License, TAA and MLA, and Reduce the Risk of RWAs: A Deep Dive into the Electronic Filing Process, License Application and Supporting Documentation I.

ITAR Licenses: A Deep Dive into Requirements for Securing a DSP-5, DSP-73, or DSP-61 and DSP-85

• When a DSP-5, DSP-73, or DSP-61, DSP-85 is required: The approvals process, how to expedite the process, timeframes and how to reduce the risk of delay • Ensuring you get hardware and tech data included on a single license • Returns: Special considerations • Licenses in furtherance of agreements • Constructing an accurate scope of export in your license application

• Drafting a license application: What to include, how to fill out the forms using DTrade2, and how to submit the application • When to use a letter of intent to support a license request • What DDTC expects beyond the written guidelines • Structuring and valuing license authorizations • Key reasons for RWA (Returns without Action) or license denials, and how to prevent them

II. ITAR Agreements: Demystifying TAAs, MLAs and WDAs • Overview of the different types of ITAR agreements, what is required, the timeline, and how to reduce the risk of delay

• Degree of information expected by DDTC and DTSA in TAA scope of export and statement of work

• When and how to get TAAs, TAA Amendments, Re-Baselined TAAS and MLAs

• What DDTC and DTSA expect beyond the written guidelines

• When to cover foreign nationals under MLAs and TAAs

• Analysis of sample TAAs and MLAs

Hypothetical Exercises, Mock License Applications, Q&A and Review on the Do’s and Don’ts Toward solidifying your understanding of licensing requirements and exemptions, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

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

8 | LINKEDIN ACI: International Trade: Legal, Regulatory & Compliance Professionals

WEEK 3 MODULE 3 | PART 2

MODULE

Licensing Requirements and Exemptions

3

Calendar-alt Thursday, November 2, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Damon Smith Foreign Affairs Officer Directorate of Defense Trade Controls (DDTC)

Kimberly A. Strosnider Partner Covington & Burling LLP

Open General Licenses (OGLs) • What types of transfers do OGLs No. 1 & No. 2 authorize?

• Recordkeeping Requirements: » How to maintain records of all reexports and retransfers, and identifying the OGL in any export documentation

• How to use OGLs No. 1 & No. 2 • How to interpret the requirements of OGLs No. 1 & No. 2

» Description of the defense article, including technical data and more required records

• What you can’t use OGLs No. 1 & No. 2 for • When a separate DDTC authorization is required for exports by US companies to the ultimate consignees under the OGLs

» When DDTC may request to see your records to verify proper use of the OGLs

• When parties using the OGLs must notify all end-users and consignees that the defense articles are subject to US export control laws and regulations and include the destination control statement specified in the ITAR

Brokering Requirements • Which activities constitute “brokering”? Who is considered a “broker”?

• How to interpret and use brokering exemptions

• When and how to register as a broker

• Best practices for broker agreements and activities

• When and how to get brokering approval

• Monitoring compliance by agents and representatives

• How to comply with reporting requirement

The Lengths and Limits of ITAR Exemptions – and the Costs of Getting Them Wrong • U.S. person abroad/U.S. subsidiary

• Return and repair exemption

• Re-exports to NATO, Australia or Japan

• U.S. Government exemption

• Temporary Imports

• UK and Australia ITAR exemptions

• Canadian exemption

• FMS exemption

• University fundamental research exclusion

Open Q&A with Faculty and Review of ITAR Licensing & Exemptions Toward solidifying your understanding of licensing requirements and exemptions, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

REGISTER NOW AmericanConference.com/Proficiency-ITAR • 888 224 2480

Part of ACI’s PROFICIENCY SERIES

WEEK 4 MODULE 4

ITAR Compliance in Practice: The Core Elements of an Effective Program, Due Diligence and Supply Chain Management Calendar-alt Tuesday, November 7, 2023

MODULE

4

Clock 1:00 p.m.–4:30 p.m. (ET)

Denise Lester Manager, International Trade Compliance Northrop Grumman

Olga Torres Founder and Managing Member Torres Trade Law, LLC

Jack Hayes Of Counsel Steptoe & Johnson LLP

Review of ITAR Enforcement Cases and Practical Takeaways Experts will take you through the most important compliance lessons learned from key enforcement actions, and how exporters are updating their ITAR compliance programs and supply chain management in response.

The Nuts and Bolts of an ITAR Compliance Program • Key elements and best practices for effective ITAR compliance

• Creating an anonymous reporting tool and compliance hotline

• Identifying and empowering the right internal resources and personnel

• Ensuring that your program can adapt to new, evolving ITAR compliance risk factors

• Developing and updating your compliance manual, procedures and processes, including policy statements and message from senior management

Third Party Due Diligence and Exporters’ Liability Risks: Supply Chain, End-Use and End-User Screening • Where the exporter’s responsibility for third party compliance begins and ends

• Recordkeeping: What documents/information to collect from foreign third parties, and how to review them

• Vetting third parties, including subcontractors, freight forwarders, distributors, customs brokers, customers, re-sellers and others

• Building an effective end use/end user screening program

• What to look for and ask at the due diligence stage

• Safeguards to implement for orders and shipments, and when to terminate the relationship because of export enforcement risks

• Monitoring ITAR compliance of third parties

What to Do If You Suspect or Discover an ITAR Violation: Real-World Guidance • What pushes a case from a DDTC warning letter to a penalty, and what can lead to a criminal prosecution

• Examples of how to strengthen an ITAR compliance program to meet agency expectations

• Top mistakes to avoid during a government and internal investigation

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

Oshkosh Corporation

10 | LINKEDIN ACI: International Trade: Legal, Regulatory & Compliance Professionals

WEEK 4 MODULE 5

MODULE

Review of Proficiency Assignment and Q&A

5

Calendar-alt Thursday, November 9, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Jahna Hartwig Senior Counsel Wilson Sonsini Goodrich & Rosati PC

Chris Stagg Counsel Miller & Chevalier Chartered

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 ITAR export transaction from A to Z. During this last session, participants will share their responses to the assignment questions, followed by feedback from the expert instructors. There will also be ample time for additional, extended

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