ACI’s Practical Forum on Advanced EAR Compliance - DS

ACI’s Practical Forum on

ADVANCED

EAR

COMPLIANCE

September 25–26, 2024

Hilton Chicago Magnificent Mile Suites, Chicago, IL

How to Strengthen EAR and Anti-Boycott Compliance Amid Evolving Geopolitics and Economic Sanctions

DISTINGUISHED GOVERNMENT SPEAKERS: John Sonderman

Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Cathleen Ryan

Director, Office of Antiboycott Compliance, Bureau of Industry and Security U.S. Department of Commerce

Paul Ahern

Chief Counselor for Enforcement, Office of Terrorism and Financial Intelligence (TFI) U.S. Department of Treasury

Aaron Tambrini

Special Agent in Charge of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

DON’T MISS OUT ON CRITICAL, NEED-TO-KNOW BEST PRACTICES FOR: ɖ BIS Part 732 “Know Your Customer” Guidance, Supply Chain Screening and Red Flags

ɖ EAR 734.99 (b), Foreign Direct Product Rule (FDPR) and 734.4/de minimis Thresholds

ɖ Preventing Supplier Circumvention and Upgrading Your Screening Program

ɖ EAR Part 734.20/734.18 Requirements and Exceptions: Deemed Exports, Cloud Computing and End-Use Controls

ɖ Complying with Anti-Boycott and 15 CFR Part 760 of the EAR

ɖ Russia Sanctions and Export Compliance

Associate Sponsors:

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Networking Sponsor:

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MEET AND BENCHMARK WITH EXPERTS FROM: y Leonardo DRS y General Motors y Google y Polaris y W. W. Grainger y Caterpillar y Boeing y Fluor Corporation y Field Aerospace y ESAB y Honeywell y Northrop Grumman y Intel y Albemarle y TE Connectivity y L3 Harris Technologies y Sarcos Robotics y Navistar y Dell Technologies

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Expert Speaker Faculty GOVERNMENT FACULTY John Sonderman

DISTINGUISHED SPEAKER FACULTY

Eric J. Larsen

Jason Silverman

Trade Compliance Manager Boeing

Partner Dentons

Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Christy Areste

Senior Manager, Global Trade Compliance & Anti-Corruption W. W. Grainger

Matthew Fogarty

Jeffrey Richardson

Cathleen Ryan

Kathy Canaan

Marcos Czacki

Katelyn M. Hilferty

Director, Office of Antiboycott Compliance, Bureau of Industry and Security U.S. Department of Commerce

Paul Ahern

Chief Counselor for Enforcement, Office of Terrorism and Financial Intelligence (TFI) U.S. Department of Treasury

Aaron Tambrini

Special Agent in Charge of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

2024 CO-CHAIRS Lexia B. Krown

Global Director, Trade Compliance Fluor Corporation

Heather Sroka

Senior Trade Counsel Intel

Maria Assusa

Director, Export Compliance Honeywell

Grant Hosea

Director, Global Trade Compliance Albemarle

Lori Romero

Director, Trade Counsel L3 Harris Technologies

Barbara Dudas

Vice President, Global Trade Compliance ESAB

Vice President, Compliance Dexter Magnetic Technologies

Todd Willis

Global Trade Advisor Caterpillar Inc.

Senior Counsel, Director of Compliance and Export Controls Palladyne AI Corp

Bart M. McMillan

Jeff Sammon

Partner Baker McKenzie

Alexandra Landis

Senior Director, Global Trade TE Connectivity

Senior Counsel, Trade General Motors General Global Counsel & Compliance Officer Navistar México

Joe Schoorl

Principal Miller Canfield

Senior Associate Morgan Lewis& Bockius LLP

Susan Bridgman

Export Compliance Counsel Google

General Counsel and Chief Compliance Officer Field Aerospace

Michelle Aragon

Waqas Shahid

Ethan Lekate

Amanda Marshall

Bryce Bittner

Janet K. Kim

Senior Manager Trade Compliance Leonardo DRS Legal Director, Compliance Dell Technologies Managing Counsel, International Trade McKinsey & Company

Jana del-Cerro

Partner Crowell & Moring LLP

Bob Vander Lugt

Vice President, Forensic Services Charles River Associates (CRA) Senior Analyst Sayari

Partner Baker McKenzie LLP

Michael L. Burton

Partner Jacobson Burton Kelley PLLC MEDIA PARTNERS

Partner Little, Rothwell & Vander Lugt, PLLC

Josh Gelula

Counsel Hogan Lovells

2 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

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PRE-CONFERENCE WORKSHOP A TUESDAY, SEPTEMBER 24 9:00 am–12:30 pm (Registration opens at 8:30 am)

The Essentials of the China Advanced Computing and Semiconductor Rule: A Deep Dive into TGLs, Impacted ICs, Gap Analysis and Evolving Requirements In this closed-door, smaller-group workshop, benefit from a deep-dive analysis of semiconductor rule compliance.

This working-group session will be supported by speaker-prepared materials, interactive Q&A and compliance takeaways that you can leverage immediately post-conference. This workshop also sets the stage for the more complex compliance issues covered in the main conference.

• Restrictions on US persons who support the development or production of integrated circuits (IC’s) in China now requires a license » What kind of ICs are involved?

Ethan Lekate

Legal Director, Compliance Dell Technologies

Josh Gelula

Counsel Hogan Lovells

» What ECCNs are relevant? » Are any license exceptions available?

• New foreign direct product rules focused on otherwise uncontrolled foreign-origin content for advanced computing and supercomputer-related applications in China » Expanded “Entity List FDP Rule” (§ 734.9(e)(2) » New “Supercomputer FDP Rule” (§ 734.9(i) » New “Advanced Computing FDP Rule” (§ 734.9(h) • Updating your licensing approach for items controlled under ECCNs 5A002 or 5D002 that meet or exceed the performance parameters of the new ECCNs 3A090 or 4A090 • Licensing mass market encryption hardware and software items controlled under ECCNs 5A992 or 5D992 • Licensing policies and Temporary General Licenses • The April 4th rule, or “Correction Rules” • Gap analysis: Updating compliance programs to make sure legal, engineering, and trade compliance are all in the loop with these new controls

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PRE-CONFERENCE WORKSHOP B TUESDAY, SEPTEMBER 24 1:30–5:00 pm (Registration opens at 1:00 pm)

Securing ITAR/EAR License Approvals and Managing Authorizations and Provisos—From Filling out the Application to Preventing Delays and Beyond During this in-depth, practical session, the expert speakers will take you through the practical steps and pitfalls to avoid through the use of sample license applications, concrete examples and speaker-prepared reference materials.

I. EAR Licenses: Essential elements of Form BIS-748P and the SNAP-R system • 600 Series licensing and associated challenges • Preparing supporting documentation verification of ECCNs » end-use of items to be exported

Barbara Dudas

Vice President, Compliance Dexter Magnetic Technologies

Bob Vander Lugt

Partner Little, Rothwell & Vander Lugt, PLLC

» documents supplied by the prospective purchaser » international import certificate » statement of ultimate consignee and purchaser • Using STA and other complex EAR Exceptions

II. 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

III. Managing Authorizations, Provisos, and Limitations • Understanding the distinction between application-based authorizations and regulation-based authorizations: Procedures around both types • Managing the complexity of authorizations, which likely contain extensive requirements and provisos involving engagement from functions outside of the global trade function • How do you manage and coordinate authorizations involving engagement from multiple functions around the enterprise?

• Storing and managing technical data within companies that operate across borders

4 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

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MAIN CONFERENCE DAY ONE WEDNESDAY, SEPTEMBER 25 8:45

Opening Remarks from the Co-Chairs Lexia B. Krown

Vice President, Global Trade Compliance ESAB

9:00

Todd Willis

Global Trade Advisor Caterpillar Inc.

Bart M. McMillan Partner Baker McKenzie

FIRESIDE CHAT

BIS Enforcement and Coordination with the Treasury Department John Sonderman

Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Paul Ahern

Chief Counselor for Enforcement, Office of Terrorism and Financial Intelligence (TFI) U.S. Department of Treasury

9:45 Complying with BIS Part 732 “Know Your Customer” Guidance, Supply Chain Screening and Red Flags:

Vetting Third Parties, End-Users and End-Uses

• Identifying Red Flags: Abnormal circumstances in a transaction that indicate that the export may be destined for an inappropriate end-use, end-user, or destination • BIS efforts to work in partnership with industry • Concrete examples of clear policies and effective compliance procedures • Obtaining documentary evidence concerning the transaction, both in the licensing process and in all export control documents • Instructing the salesforce: Mandating they receive an affirmation from the intermediary around the definition of the actual end-use, end-user and ultimate country of destination • Reevaluating all the information after the Red Flag inquiry to ensure legitimacy

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Aaron Tambrini

Special Agent in Charge of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Lori Romero

Director, Trade Counsel L3 Harris Technologies

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Wednesday, September 25 10:45

Networking Break

11:15

FIRESIDE CHAT

The Office of Anti-Boycott (OAC) Priorities and Expectations Cathleen Ryan

Director, Office of Antiboycott Compliance, Bureau of Industry and Security U.S. Department of Commerce

11:45

ANTI-BOYCOTT COMPLIANCE AND RISK MANAGEMENT (HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING)

Anti-Boycott and 15 CFR Part 760 of the EAR: Clarifying the Six Prohibitions, Required Reports and Compliance Expectations Part 760 of the EAR, “Restrictive Trade Practices or Boycotts,” has seen increased compliance and enforcement attention over the past 12 months. In March 2024, for the first time, BIS’ Office of Antiboycott Compliance released a public list of companies who have been identified as having made reportable boycott requests.

New enforcement actions have seen companies pay penalties due to Part 760 compliance failures.

• How are multinationals keeping up with the growing list of embargoes and what are the best practices around creating anti-boycott programs to remain compliant?

• Training all levels of employees about antiboycott compliance, including senior sales and supply chain, customer service, shipping, and receiving personnel

Heather Sroka

Senior Trade Counsel Intel

Susan Bridgman

General Counsel and Chief Compliance Officer Field Aerospace

• Screening your sales: Reviewing all sales for antiboycott related requests, including purchase orders, contracts, request for quotations, and other discussions or terms/conditions being agreed to as part of the sale • Developing an escalation process for reporting any such requests or questions internally • Reporting requests: Form BIS 621-P for single transactions or BIS 6051P for multiple transactions involving boycott requests received in the same calendar quarter

12:30

Networking Luncheon

6 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

#EAR

Wednesday, September 25 1:45

CHINA THINK TANK #1: TWO TRICKY AREAS (HYPOTHETICALS AND AUDIENCE POLLING)

EAR 734.99 (b), Foreign Direct Product Rule (FDPR) and 734.4/de minimis Thresholds: How to Apply Complex Requirements in Practice and Avoid Key Compliance Traps What are the emerging barriers to staying up-to-speed on evolving China-related export compliance decision-making? What are the mission-critical points to address and how to resolve intensifying compliance dilemmas?

Using hypothetical scenarios and audience feedback, this session will leave you with the practical tools for effective compliance and monitoring • Avoiding key pitfalls when applying the FDPR • de minimis threshold decision-making » Controlled Content: U.S. origin items that require BIS authorization (a license or license exception) • Managing the impact of the FDPR rule: How do you tighten compliance oversight around third-party due diligence procedures? » Conducting a gap analysis: Updating your compliance protocols to make sure legal, engineering, and trade compliance are all in the loop • Employee training and monitoring: Determining the right amount and frequency of training • Third-party management » Developing a model that stratifies your risk based on third parties — and how to perform due diligence accordingly » What to do with information uncovered during the vetting process: How to evaluate red flags

2:45

Christy Areste

Senior Manager, Global Trade Compliance & Anti-Corruption W. W. Grainger

Jana del-Cerro

Partner Crowell & Moring LLP

RUSSIA AND COMPLIANCE SESSION #1 (HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING)

The Next Phase of Russia Sanctions and Export Compliance: Strengthening Your Program to Tackle the Knowns (and Unknowns) of What’s Ahead Practical Tools for Understanding of Russia Export Controls Compliance Landscape: EAR 734.9(f) • Identifying critical compliance pain points • Interpreting and applying: » Russia/Belarus EAR 734.9(f) » EAR supplements and restrictions on exports “for use in” Russia » Availability of exemptions and licenses for encryption activities in Russia

The Essentials of the Russia Harmful Foreign Activities Regulations (“RuHSR”) • OFAC developments and General Licenses: Scope and limitations • Russian countermeasures on withdrawing companies and expropriation decrees • Alignment with US sanctions and export controls. and key differences

REGISTER NOW

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Todd Willis

Global Trade Advisor Caterpillar Inc.

Lexia B. Krown Vice President, Global Trade Compliance ESAB

Waqas Shahid

Vice President, Forensic Services Charles River Associates (CRA)

Jason Silverman Partner Dentons

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Wednesday, September 25 3:45

Networking Break

4:00

CASE STUDIES, HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING

EAR Licensing, Jurisdiction and Classification Challenges: 600-Series Classification, CCATS and the Lesser-Known Interplay of the ITAR Building on the pre-conference licensing workshop, the expert speakers will take you through a series of real-world hypothetical scenarios that will illustrate how to navigate grey areas and put theory into practice.

Jurisdiction and classification considerations for highly complex or novel situations: • Applying useful sources to perform jurisdictional and classification analysis • How to leverage the commodity jurisdiction process (CJ, CCATS and Company internal) • Complex issues in 600-series classification

Licensing strategies:

Marcos Czacki

General Global Counsel & Compliance Officer Navistar México

Maria Assusa

Director, Export Compliance Honeywell

• Big picture considerations when deciding to apply for a license or utilize an exception/exemption • Developing data sheets, end-user statements and cover letters

5:00

Close of Day One

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MAIN CONFERENCE DAY TWO THURSDAY, SEPTEMBER 26 8:45

Opening Remarks from the Co-Chairs Lexia B. Krown

Todd Willis

Vice President, Global Trade Compliance ESAB

9:00

Bart M. McMillan

Global Trade Advisor Caterpillar Inc.

Partner Baker McKenzie

RUSSIA AND COMPLIANCE SESSION # 2 (HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING)

Part 1 — Supplier Circumvention and Your Screening Program: Monitoring Third-Party Intermediaries to Mitigate the Risk of Export and Sanctions Violations In light of recent export controls and additional trade restrictions on Russia and Belarus, and changes to historical transshipment routes, the risk of product diversion/circumvention has increased considerably. What can exporters do to better identify the signs of actual or suspected violations?

• Conducting thorough due diligence on partners and suppliers • Monitoring and auditing transactions and supply chains • Staying updated on sanctions lists and regulatory changes • When to seek outside counsel

10:00

Kathy Canaan

Global Director, Trade Compliance Fluor Corporation

Amanda Marshall

Senior Analyst Sayari

Matthew Fogarty

Senior Counsel, Trade General Motors

Part II — INDUSTRY-SPECIFIC BENCHMARKING ROUNDTABLES

Engage in worthwhile, industry-specific smaller-group discussions, benchmarking and Q&A moderated by seasoned experts: • AEROSPACE & DEFENSE

• MANUFACTURING

• LIFE SCIENCES

• TECH & TELECOM

• ENERGY

• LOGISTICS & SUPPLY CHAIN

11:00

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Networking Break

AmericanConference.com/Advanced-EAR-Compliance • 888 224 2480

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Thursday, September 26 11:15

CHINA THINK TANK #2: HYPOTHETICAL SCENARIOS

MEU Part 744 and MIEU 1753 (a) (2): The Biggest Grey Areas and How to Address Them • MEU Part 744: Expanded new license requirements for exports, reexports, or transfers (in-country) subject to Part 744 involving a person designated as an SDN under one of the eleven OFAC sanctions programs » Part 744 SDN-related end-user sections and the eleven new SDN-related restrictions • MIEU 1753 (a): Classification, screening, and approvals » Classification decisions: Creating documentation supporting how you classified your items under the CCL » Screening results: Maintaining records of all screenings performed for customers, intermediaries, and end-users » Licenses and approvals: Keeping copies of all licenses obtained, and communications with BIS

Alexandra Landis

Senior Counsel, Director of Compliance and Export Controls Palladyne AI Corp

Michael L. Burton

Partner Jacobson Burton Kelley PLLC

» End-use statements: Documentation from customers regarding the intended use of the products

12:00

GENERATIVE AI AND EMERGING TECHNOLOGY

Managing the Intersection of Cloud Computing, AI Regulation and EAR Compliance: What the AI EO and Recent EAR Changes Mean for Your Program in Practice The rapid pace of AI development has created novel questions for governments and export control practitioners.

We are in the early stages of what could represent a major shift in how export controls operate, and it is worth taking time to consider what steps have already been taken and what may be considered in the future.

• Overview of generative AI • How existing export controls apply to AI • The AI EO: Clarifying key terms and requirements, including cloud ”Infrastructure as a Service” provisions • Ongoing debates and open questions

12:45

Joe Schoorl

Export Compliance Counsel Google

Janet K. Kim

Partner Baker McKenzie LLP

DATA ANALYTICS CASE STUDY

Using Data Analytics and Metrics to Enhance Your International Trade Compliance Program • KPIs to measure broker effectiveness: On time document submission, post entry audits, weighting average compliance efforts to specific data elements • Ways to keep up to date with product classifications: Using open PO reports to prioritize, focus on unclassified material, and to review previous classifications

Grant Hosea

Director, Global Trade Compliance Albemarle

• Management of potential deemed exports: Employee/manager locations, SOW, license reviews and what to do if there is a change in the SOW • Metrics for denied party screening to help detect screening errors and other due diligence pitfalls » Utilize screening data to see release times and minimize false positives

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Thursday, September 26 1:15

Networking Luncheon

2:30

CASE STUDIES: 734.20/734.18 (HYPOTHETICALS AND AUDIENCE POLLING)

How to Apply EAR Part 734.20/734.18 Requirements and Exceptions: Deemed Exports, Cloud Computing and End-Use Controls The definition of “export” in the EAR includes the concept of releasing technical data or technology to a foreign person in the U.S. as part of the definition of a “deemed export”, or the transfer of ownership or control of a technology to a foreign person. Interesting changes are proposed — EAR §734.18 and 734.20 — which would deal with transfers of technology and use of encryption. What’s behind these rules, what are the limitations, and how is industry is managing these exceptions?

Michelle Aragon Senior Manager Trade Compliance Leonardo DRS

Jeffrey Richardson Principal Miller Canfield

Bryce Bittner

Managing Counsel, International Trade McKinsey & Company

3:30

Networking Break

3:45

MULTI-JURISDICTIONAL EAR AND SANCTIONS COMPLIANCE THINK TANK

How Exporters are Dovetailing Multi-Jurisdictional Requirements for Effective Compliance Program Customization • Identifying the tools to best identify multilateral compliance risks • Managing the intersection of U.S., UK and EU regulatory frameworks-and adjusting your compliance protocols accordingly • Determining the appropriate classification under each jurisdiction’s control list: EAR’s Commerce Control List (CCL), the USML for ITAR items, and the EU Dual-Use List • Identifying licensing requirements for each jurisdiction based on the item, destination, end-user, and end-use • Verifying and screening the end-use to ensure it does not involve prohibited activities or destinations, such as WMD proliferation or military end-uses in restricted countries

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Eric J. Larsen

Trade Compliance Manager Boeing

Jeff Sammon

Senior Director, Global Trade Services Program Management Office TE Connectivity

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Thursday, September 26 4:30

CYBERSECURITY FOCUS: EAR CATEGORY 5, PART 2

Navigating the Finer Points of Category 5, Part Two, the Final Cyber Rule The “cyber rule” and debated export controls on intrusion software have balanced U.S. foreign policy and national security concerns with the need for maintaining a regulatory framework that allows for legitimate cybersecurity transactions. How should industry be applying this complex rule? What questions should be asked and what steps should be taken to ensure compliance?

5:15

Heather Sroka

Senior Trade Counsel Intel

Katelyn M. Hilferty

Senior Associate Morgan Lewis& Bockius LLP

Close of Conference

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