ACI's 3rd Virtual Conference on U.S.-China Trade Controls - DS

EARN CLE CREDITS

September 20, 2021 (EDT) | Virtual Conference

ACI’s 3rd Virtual Conference on

U.S.-CHINA TRADE CONTROLS Industry’s Annual Forum on MEU and MIEU Rules, New Legislation, Data Transfers and Emerging Technology Rules Critical Updates from the DOJ: Elizabeth Cannon Deputy Chief for Export Control and Sanctions National Security Division U.S. Department of Justice

Benchmark with Leading Exporters, Including: Kathy King-Madrid Director of Compliance Leonardo DRS Kevin Cuddy Government & Regulatory Affairs Executive IBM Surabhi Madan Director, Senior Global Legal Counsel ASM International (Singapore)

You can’t afford to miss out on the only, comprehensive one-day event of its kind.

Expert speakers will share insights on critically important challenges impacting your business: Angle-Right MEU, MIEU and CCMC Rules: New Enforcement Risks—and the Hidden Lessons for Updating Compliance and Licensing Practices Angle-Right Endless Frontier Act and Strategic Competition Act of 2021: Unpacking the Geopolitical and Compliance Impacts on Industry Angle-Right China’s New Export Control Law, Guidance, and the Interplay of Blocking Statutes: Compliance Expectations for Industry and Avoiding Violations Angle-Right Emerging and Foundational Technologies: Status and Impact of Proposals, Due Diligence Requirements and The Business Implications Angle-Right Data Transfers and Monitoring: How Industry is Strengthening Policies, Procedures and Employee Training Angle-Right ICTS Rule: Key Updates on ICTS Implementation and the Anticipated Aftermath

Mario Palacios Senior Director, Government Affairs & Head of International Trade Policy Applied Materials

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Associate Sponsor:

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2021 Speaker Faculty Includes:

F

rom the passage of the Endless Frontier Act to the 2021 updates to the MEU, MIEU and CCMC rules, the US-China trade space is bursting with new developments this year.

There has never been a more critical time to attend this event! Join us at the 3rd Virtual US-China Trade Controls Conference on September 20, 2021, to ensure that you are in the loop and equipped with the newest, most effective best practices.

CO-CHAIRS: Kevin Cuddy Government & Regulatory Affairs Executive IBM Christine (Smith) Savage Partner King & Spalding LLP

GOVERNMENT FACULTY INCLUDES: Elizabeth Cannon Deputy Chief for Export Control and Sanctions U.S. Department of Justice Matthew Borman Deputy Assistant Secretary of Commerce for Export Administration Bureau of Industry and Security U.S. Department of Commerce

DISTINGUISHED SPEAKER FACULTY INCLUDES:

Continuing Legal Education Credits Accreditation will be sought in those jurisdictions requested by

EARN CLE the registrants which have continuing education requirements.

CREDITS

accreditation.

This course is identified as nontransitional for the purposes of CLE

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process for virtual events visit: www.americanconference. com/accreditation-instructions-for-virtual-attendance/

2 | #USChinaTrade

Surabhi Madan Director, Senior Global Legal Counsel ASM International (Singapore) Kathy King-Madrid Director of Compliance Leonardo DRS Rich Ashooh Vice President Global Government Affairs Lam Research (Assistant Secretary of Commerce for Export Administration) Mario Palacios Senior Director, Government Affairs & Head of International Trade Policy Applied Materials

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Chris Gondara Director of Compliance and CSR Marvell Semiconductor Inc Barbara Linney Partner BakerHostetler LLP Amy Papendorf Director of Export Compliance Qualcomm Matt Bell Senior Managing Director FTI Consulting Jeremy Zucker Partner Dechert LLP Bingna Guo Partner White and Case LLP Randall Cook Senior Managing Director Ankura Caroline Brown Partner Crowell & Moring LLP (Former DOJ & Treasury Attorney Advisor) Nancy Fischer Partner Pillsbury LLP Josh Fitzugh Vice President Global Trade Flex Larry Fink Senior Assistant General Counsel and Vice President Leidos Cristina Brayton-Lewis Partner White & Case LLP Sarah O’Neal Partner, Associate General Counsel, Global Trade Microsoft

U.S. Prohibits Trading in Securities of Communist Chinese Military Companies, but NYSE Reverses Plan to Delist.

Democrats, GOP team up on bill targeting China as U.S. suffers microchip shortage.

The National Law Review

Biden Revokes and Replaces Trump Order That Banned TikTok. The new order calls for a broader review of a number of foreign-controlled applications that could pose a security risk to Americans and their data.

CNBC

China’s New Power Play: More Control of Tech Companies’ Troves of Data. Beijing is calling on tech giants to share their information—and asserting its authority over data held by U.S. companies in China as well.

New York Times

The Wall Street Journal

AGENDA

SEPTEMBER 20, 2021 (EDT)

10:00

11:00

Co-Chairs’ Opening Remarks

Status and Impact of the Endless Frontier Act and Strategic Competition Act of 2021: Unpacking the Requirements, Geopolitical and Compliance Implications

Microphone Kevin Cuddy, Government & Regulatory Affairs Executive, IBM

Christine (Smith) Savage, Partner, King & Spalding LLP

10:15

AUDIENCE POLLING

THE ENTITY LIST: WHAT’S KEEPING YOU UP AT NIGHT? MEU, MIEU and CCMC Regulations: New Enforcement Risks— and the Hidden Lessons for Updating Compliance and Licensing Practices Microphone Nancy A. Fischer, Partner, , Pillsbury LLP

Rich Ashooh, Vice President Global Government Affairs, Lam Research

• The nuances across the different scopes and sources of prohibitions regarding each set of Chinese trade control policies • Key guidance on compliance, licensing requirements and heightened due diligence requirements for potential dual-use sales and technology transfers • How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC Regulations • Amendments to the Export Administration Regulations (EAR) to expand license requirements on exports, re-exports, and transfers of items intended for military end use (MEU) and militaryintelligence end users (MIEU) in China • Trends in license applications, approvals and denials-and lessons learned

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AmericanConference.com/USChinaTrade • 888 224 2480

Microphone Mario Palacios, Senior Director, Government Affairs & Head of International Trade Policy, Applied Materials • To what extent the Endless Frontier Act helps to keep the U.S. economically competitive against China • Trade policies introduced in the Strategic Competition Act to counter human rights violations, supporting democracy in Hong Kong, and addressing forced labor and other abuses in Xinjiang • Understanding human rights violations and forced labor compliance and mitigation • Licensing requirements and enforcement mechanisms contemplated in the new legislation • Geopolitical factors affecting the nature, scope and fate of the bills 12:00 Break 12:15

Keynote Address Microphone Matthew Borman, Deputy Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce

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12:45

3:30

Emerging and Foundational Technologies: Key Takeaways on the Proposals, Due Diligence Requirements and The Business Aftermath

3:45

Microphone Barbara Linney, Partner, BakerHostetler LLP

Josh Fitzugh, Vice President Global Trade, Flex

Larry Fink, Senior Assistant General Counsel and Vice President, Leidos

• Where things stand and where they are headed: Identification and review of controls for certain emerging and foundational technologies • Insights into the new requirements, compliance, and due diligence mechanisms • Impact of controls on development, manufacturing, and supply chain of technologies in the U.S. 1:15

Fireside Chat with Microphone Elizabeth Cannon, Deputy Chief for Export Control and Sanctions, U.S. Department of Justice

Moderated by: Jeremy Zucker, Partner, Dechert LLP

4:15

The Known and Lesser-Known Impact of Recent Developments on the Semiconductor Industry and Global Supply Chain Microphone Chris Gondara, Director of Compliance and CSR, Marvell Semiconductor Inc

1:1 Meet-Ups 1:30 Break 2:00

China’s New Export Control Law, Guidance, and the Interplay of Blocking Statutes: Clarifying Compliance Expectations for Industry—and Mitigating the Risk of Violations Microphone Bingna Guo, Partner, White & Case LLP

Surabhi Madan, Director, Senior Global Legal Counsel, ASM

Cristina Brayton-Lewis, Partner, White & Case LLP

• Chinese blocking statutes control lists and industries affected by the new law • Geopolitical influences on Chinese trade export policies • Chinese rules to combat “extra-territorial application of foreign laws” and its effects on U.S. multinationals • Best practices for U.S. companies to develop compliance programs under new Chinese export control laws 2:45

Afternoon Break

AUDIENCE POLLING

Data Transfers and Monitoring: How Industry is Strengthening Policies, Procedures and Employee Training

Matt Bell, Senior Managing Director, FTI Consulting

Amy Papendorf, Director of Export Compliance, Qualcomm

• BIS introduction of new rules to further restrict the access of Chinese technology companies • The interplay of export compliance, semiconductor manufacturing and production shortages hurting technology and automotive industries • Export controls linked to CFIUS jurisdiction for transactions involving semiconductor technologies 5:00

ICTS Rule: Key Updates on ICTS Implementation—and Anticipated Challenges Microphone Caroline Brown, Partner, Crowell & Moring LLP

Sarah O’Neal, Partner, Associate General Counsel, Global Trade, Microsoft

• Implications of the BIS review process for companies operating in the ICTS sector • Guidelines for the licensing process requests to engage in ICTS transactions • Complying with the new rules and mitigating any potential impact this new review process may have for companies in the ICTS sector 5:30

Co-Chairs’ Closing Remarks

Microphone Kathy King-Madrid, Director of Compliance, DRS

• • • •

Randall Cook, Senior Managing Director, Ankura

Association and Media Partners:

Monitoring, tracking and controlling the transfer of sensitive technical data Updating your comprehensive company-wide compliance policy and training program Conducting a thorough internal investigation and self-reporting data transfer violations Lessons learned from the Honeywell case

4 | #USChinaTrade

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September 21, 2021 (EDT) | Virtual Conference

Ensuring Compliance with

U.S. & CHINA ECONOMIC SANCTIONS Risk Mitigation and Due Diligence Best Practices

Critical Guidance on Rapidly Developing Issues Including: » How to Perform Effective Sanctions Screening on Chinese Persons and Entities

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AmericanConference.com/SanctionsUSChina

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» Overview of Regulatory Landscape for China Trade & Sanctions » Resolving Complex Due Diligence Challenges on Existing and New Opportunities » How the New China Blocking Statute Will Affect Your Organization » Communicating Sanctions and Business Restrictions to Your Businesses, Clients and Counterparties in China

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GLOBAL SANCTIONS & EXPORT CONTROLS EVENT CALENDAR

Ensuring Compliance with

4th Annual

Passport to Proficiency on the

U.S. and CHINA ECONOMIC SANCTIONS

NAVIGATING RUSSIA SANCTIONS COMPLEXITIES

September 21, 2021 (EDT) Virtual Conference

September 27, 2021 (EDT) Virtual Conference

In-Person London Forum on

GLOBAL ECONOMIC SANCTIONS November 17–18, 2021 London

6 | #USChinaTrade

Export Administration Regulations October 4–27, 2021 (EDT) Virtual Proficiency Series

Flagship conference, back in person!

U.S. ECONOMIC SANCTIONS ENFORCEMENT AND COMPLIANCE

December 7–8, 2021 Washington, DC

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U.S.-CHINA TRADE CONTROLS Virtual Conference

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10% Conference Discount*

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Special Discount ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service.

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