4th Conference on U.S.-China Trade Controls - DS

In-Person and LiveStream Registration Available!

October 12–13, 2022 • Sheraton Pentagon City Hotel, Arlington, VA

EARN CLE CREDITS

ACI's 4th Conference on

U.S.-CHINA TRADE CONTROLS The Country’s Premier Gathering on Managing Complex China Sanctions, Export Controls and Supply Chain Challenges

CRITICAL ENFORCEMENT UPDATES FROM BIS AND DOJ Matthew Axelrod Assistant Secretary for Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce Benjamin J. Hawk Deputy Chief, Counterintelligence and Export Control Section, National Security Division U.S. Department of Justice John D. Sonderman Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

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BENCHMARK WITH LEADING EXPORTERS, INCLUDING:

Amazon Caterpillar Inc. Embraer

Hewlett Packard Enterprise

Qorvo

Hitachi

SpaceX

Honeywell

Flex

Micron Technology

SAP TE Connectivity

As the only comprehensive, practical event of its kind, there has never been a more pressing time to address key issues, including: y The Top 5 Most Vexing China Sanctions Challenges: Compliance Benchmarking and Best Practices

y CFIUS and U.S. Investment in China: Managing the Interplay of Export Controls and CFIUS

y Achieving Best In-Class International Trade Compliance Programs Amid Rapidly Evolving Sanctions and Export Controls

y Forced Labor and Complying with UFLPA: Updates on Enforcement Strategies and Supply Chain Screening

y Resolving Complex MEU, MIEU and CCMC Dilemmas in Real-Life

y Technology and Data Transfers: Aligning Risk Mitigation with Export Controls, Licensing Requirements, and Data/IP Protection

Supporting Sponsor:

AmericanConference.com/USChinaTrade • 888 224 2480

Associate Sponsor: a C5 Group Company Business Information in a Global Context

SPEAKER FACULTY INCLUDES: Conference Co-Chairs Jeff Sammon Director, Global Trade Services Program Management Office TE Connectivity Hena Schommer Global Trade Counsel Hewlett Packard Enterprise

Government Faculty Matthew Axelrod Assistant Secretary for Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce Benjamin J. Hawk Deputy Chief, Counterintelligence and Export Control Section, National Security Division U.S. Department of Justice John D. Sonderman Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Distinguished Faculty Brooks E. Allen Counsel Skadden, Arps, Slate, Meagher & Flom LLP

Eric Carlson Partner Covington & Burling LLP

Alan Levesque Senior Managing Director Ankura

Nicole Davanzo Senior Counsel, Global Trade Compliance SpaceX

Barbara Linney Partner BakerHostetler

Joshua Fitzhugh Vice President, Global Trade Flex

Jennifer Maki Director, Global Trade Compliance Micron Technology

Key C. Georgi Partner, Global Compliance ArentFox Schiff

Neil Martin Senior Export Compliance Counsel Google

Orisia Gammell Chief Legal Counsel, Export Control US (Global) SAP

Lillian Norwood Senior Manager, Export Compliance Amazon

Brandon L. Van Grack Partner Morrison & Foerster LLP

Shama Patari Executive Director, Legal, Government Relations and Global Trade Regulation Lenovo

Diana Iskelov Director and Senior Counsel BNP Paribas Benjamin G. Joseloff Of Counsel Cravath, Swaine, & Moore LLP Former Senior Counsel and CFIUS Lead Counsel, U.S. Department of Treasury

John Pisa-Relli Managing Director, Global Trade Compliance Accenture Anna Puglisi Senior Fellow, Center for Security and Emerging Technology Georgetown University

Nicholas Klein Partner DLA Piper

Waqas Shahid Senior Managing Director Ankura

Steve Klemenic Managing Director and Partner Berkeley Research Group

Roszel C. Thomsen II Partner Thomsen and Burke LLP

Michael L. Burton Partner Jacobson Burton Kelley PLLC

Josephine Aiello LeBeau Partner Wilson Sonsini Goodrich & Rosati

Jeffrey G. Weiss Partner Steptoe & Johnson LLP

Elizabeth Cannon Senior Corporate Counsel, Global Trade Microsoft Former Deputy Chief for Export Control and Sanctions, National Security Division U.S. Department of Justice

Christine Lee Global Head of Compliance Qorvo

Todd Willis Global Trade Advisor Caterpillar Inc.

Matt Bell Senior Managing Director, Practice Leader Export Controls, Sanctions & Trade Practice FTI Consulting

2 | #USChinaTrade

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PRE-CONFERENCE WORKSHOPS TUESDAY, OCTOBER 11, 2022 Clock 9:00 am–12:30 pm (Registration opens at 8:30 a.m.)

Clock 1:30 pm–5:00 pm (Registration opens at 1:00 p.m.)

A Deep Dive Into MEU, MIEU and CCMC Rules: Unpacking New Enforcement Risks, and the Hidden Lessons for Updating Export Compliance and Licensing Practices

A Complete Guide to Strengthening Third Party Supplier and Supply Chain Due Diligence: Revisiting Export Controls and Sanctions Risk Assessments, Compliance, and Monitoring from Start to Finish

microphone-alt Key C. Georgi, Partner, Global Compliance, ArentFox Schiff Orisia Gammell, Chief Legal Counsel, Export Control US (Global), SAP The Bureau of Industry and Security has imposed strict controls pertaining to “Communist Chinese Military Companies” (CCMCs); Chinese “Military End Users” (MEUs); and Chinese “Military-Intelligence End Users” (MIEUs). It has also been adding Chinese companies to the BIS Entity List based on concerns regarding the companies’ relationships to the Chinese military industrial complex. Those that do business in China and with Chinese companies need to understand these rules and revise screening and other compliance program efforts to account for the changes.

During this in-depth workshop, take a deep dive into the intricacies of complex MEU, MIEU and CCMC Rules, including: • I. Definition of Communist Chinese Military Companies (CCMCs) restrictions » U.S. persons are, with some exceptions, prohibited from purchasing or selling: Publicly traded securities of CCMCs Securities that are derivative of publicly traded securities of CCMCs Securities that are designed to provide investment exposure to publicly traded securities of CCMCs » Identification of CCMCs as “1237 entities” Owned or controlled by, or affiliated with, the People’s Liberation Army or a ministry of the government of the People’s Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of China Engaged in providing commercial services, manufacturing, producing, or exporting • II. Chinese “Military End Users” (MEUs) » Summary of Prohibitions BIS EAR supplements BIS’ expanded MEU definition » Government Guidance » Affected Entities BIS guidance about the MEU rule • III. Chinese “Military-Intelligence End Users” (MIEUs) » Summary of Prohibitions » Affected Entities Definition of “Support” Definition of an MIEU The possibility that BIS will create a China’s identified examples new MIEU list » Summary of BIS’s Request for Comments • Gaining a better understanding of the extremely broad definition of the MIEU • Understanding the distinctions between and among the various lists in order to properly navigate compliance requirements. » Examples of the many differences among CCMC, MEU, MIEU, and Entity List controls • Monitoring for further modifications to the MEU/MIEU measures as well as other pending regulatory actions

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microphone-alt John Pisa-Relli, Managing Director, Global Trade Compliance, Accenture With evolving risk factors and compliance obligations, don’t miss this worthwhile opportunity to upgrade your best practices. Discover how your approach to managing high risk stakes risks and compliance challenges compares to your peers, and benefit from important takeaways. Ample time will be left for Q & A, so please bring your questions!

• How to incorporate effective front-end vetting and screening protocols based on the type of relationship and interests represented by the third party • Unique considerations posed by the geopolitical, compliance and enforcement landscapes • Developing a model that stratifies your risk based on third parties — and how to perform due diligence accordingly • How recent export controls and sanctions developments affect the scope of required due diligence and monitoring • Unique challenges associated with critical types of third parties for your global business • Understanding the local business environment, customs, and practices • What to do with information uncovered during the vetting process: How to evaluate red flags • Making the decision regarding which parties to use/not use: “On the Ground” obstacles to monitoring third parties • Special considerations for exercising audit rights • When and how much to train third parties • Determining when to terminate a third party relationship

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11:15

DAY ONE WEDNESDAY, OCTOBER 12, 2022

The Scope and Impact of China’s Anti-Foreign Sanctions and Export Control Laws: Managing the Practical Impact on Compliance and Supply Chain Screening microphone-alt Christine Lee, Global Head of Compliance, Qorvo Alan Levesque, Senior Managing Director, Ankura Jennifer Maki, Director, Global Trade Compliance, Micron Technology

7:30

Registration and Continental Breakfast

8:45

Co-Chairs’ Opening Remarks microphone-alt Jeff Sammon, Director, Global Trade Services Program Management Office, TE Connectivity

Hena Schommer, Global Trade Counsel, Hewlett Packard Enterprise 9:00

OPENING KEYNOTE ADDRESS microphone-alt Matthew Axelrod, Assistant Secretary for Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce

9:45

Achieving a Best in-Class International Trade Compliance Program Amid Rapidly Evolving Economic Sanctions and Export Controls: How Companies are Adapting to New Compliance Realities microphone-alt Matt Bell, Senior Managing Director, Practice Leader Export Controls, Sanctions & Trade Practice, FTI Consulting

Shama Patari, Executive Director, Legal, Government Relations and Global Trade Regulation, Lenovo Nicole Davanzo, Senior Counsel, Global Trade Compliance, SpaceX This panel discussion will focus on the interplay of evolving economic sanctions and export controls, with particular focus on adapting to regulatory changes, tips for effective trade compliance program management, and navigating the tangled sanctions landscape. Panelists will describe the evolution of their international trade compliance programs, lessons learned, what tools they have used, and other hallmarks of a best-in-class program in order to address compliance pain points and keep supply chains moving.

10:45

Extended Networking Break

4 | #USChinaTrade

Businesses are re-assessing their risks following the passing of China’s Anti-Foreign Sanctions Law and Export Control Law, as political and economic tensions between China and the U.S. continue to rise. During this session, benefit from real-world insights to help with updating your compliance roadmap: • The relationship between The Anti-Foreign Sanction Law, Unreliable Entity List, and the Blocking Order • Understanding the requirements of the new Export Control Law and how they relate to existing export control regulations in China • How the “Unreliable Entity List” and Blocking Order could impact Western companies • How to manage compliance with US/EU sanctions when they potentially conflict with China’s requirements • Screening supply chains for compliance and revisiting contractual obligations for risk mitigation • Best practices for U.S. companies to develop compliance programs under new Chinese export control laws 12:15

The Latest on the Present and Future of U.S.-China Trade Relations— and Path Forward for Managing Emerging Geopolitical Risks Speakers Include:

microphone-alt Elizabeth Cannon, Senior Corporate Counsel, Global Trade, Microsoft

Former Deputy Chief for Export Control and Sanctions, National Security Division, U.S. Department of Justice

Anna Puglisi, Senior Fellow, Center for Security and Emerging Technology, Georgetown University Moderator: Steve Klemenic, Managing Director and Partner, Berkeley Research Group The Russia/Ukraine War has not only created great geopolitical uncertainty, but it has also exacerbated an already tense U.S.–China trade war. How will the combination of the war, the pandemic, and a continued U.S./China sanctions/export control conflict impact U.S./China trade relations, as well as the global supply chain over the long term?

• How is the war impacting China’s trade relations with the U.S.?

• Perspectives on a possible surge of U.S. regulatory enforcement activity around China sanctions and export controls due to the war • Will China continue to respond with increased sanctions and export controls of its own?

• How will this dynamic continue to impact global supply chains?

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12:45

Networking Luncheon for Attendees and Speakers

2:00

COMPLEX SCENARIOS IN REAL LIFE: MEU, MIEU, AND CCMC DILEMMAS

The 3 Biggest Grey Areas and How to Address Them microphone-alt Joshua Fitzhugh, Vice President, Global Trade, Flex

4:00

Forced Labor, Human Rights and Supply Chain Screening: Key Takeaways for Complying with the 2022 Uyghur Forced Labor Prevention Act and Ethical Business Conduct microphone-alt Todd Willis, Global Trade Advisor, Caterpillar Inc.

Michael L. Burton, Partner, Jacobson Burton Kelley PLLC

Jeffrey G. Weiss, Partner, Steptoe & Johnson LLP

During this session, experts faculty members will build upon the pre-conference workshop the previous day and discuss, some of the most complex, high stakes dilemmas-and how to resolve them.

• Navigating grey areas: Mapping out your compliance strategy to address expected (and unexpected) challenges • How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC regulations: What are best practices?

• License applications, approvals, and denials: What are the lessons learned from ever-evolving trends?

3:00

AI, BCI and More Emerging Technologies: Perspectives on the Next Wave of New, Anticipated Export Compliance, Licensing and Classification Pain Points microphone-alt Josephine Aiello LeBeau, Partner, Wilson Sonsini Goodrich & Rosati Neil Martin, Senior Export Compliance Counsel, Google Waqas Shahid, Senior Managing Director, Ankura • Brain computer interface technologies (BCI): BIS’ Advance notice of proposed rulemaking (ANPRM) that would question BCI’s ethical and policy issues • Potential new license requirements for surveillance technologies used for crowd control, facial recognition, machine learning, and biometric/AI technologies » Potential controls around quantum computing • State of BIS’ review of China-related export controls for surveillance technologies • Factors to be considered in classification and licensing requirements • Big picture trade compliance implications and how to work with the engineering teams to get the data required for classification 3:45

Networking Break

Media Partners:

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Brooks E. Allen, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP Companies with supply chains stretching into the Xinjiang region of China are now facing a mountain of compliance challenges. What is the general scope of the import ban? How will it be enforced? What are the exceptions? And what affirmative steps should companies be taking?

• The general scope of the act: Enforcement strategy and sanctions authority • Scrutinizing your supply chain: Vetting suppliers in order to eliminate any links to the XUAR region • Establishing an internal task force to coordinate information sharing and strategy among compliance, procurement, vendor onboarding and legal • Expanding potential voluntary trade disclosures • Understanding the Act’s public engagement process around enforcement strategy 5:00

Combatting Ransomware: Cyber Security and Data Controls Due Diligence Amid Evolving and Increasing Threats microphone-alt Roszel C. Thomsen II, Partner, Thomsen and Burke LLP Brandon L. Van Grack, Partner, Morrison & Foerster LLP Even if your organization has not been the targeted victim of a ransomware attack, you have likely felt their impact. The cascade of attacks has caused a ripple effect through value chains, straining almost every organization’s ability to deliver their services and products. What can you do to disrupt the ransomware business model?

• Maintaining appropriate records of ransomware remedial measures and access to technical data » Communications with regulatory authorities » Analyses regarding sanctions and export controls » Accounting for technical data that an attacker could have accessed, so that such information can be shared with the Department of Commerce’s Bureau of Industry and Security (“BIS”) » If relevant, payments made • OFAC guidance » OFAC designation of malicious cyber actors » Adopting or improving cybersecurity practices, such as those highlighted in the Cybersecurity and Infrastructure Security Agency’s (CISA) » The importance of immediately reporting an attack to CISA, their local FBI field office, the FBI Internet Crime Complaint Center, (“IC3”) or their local U.S. Secret Service office » Conducting in-depth diligence to ensure that payment is not being made to an entity that OFAC has sanctioned • A victim’s advocate perspective on mitigation measures 5:30

Close of Day One

10:00

DAY TWO THURSDAY, OCTOBER 13, 2022 7:30

Registration and Continental Breakfast

8:45

Co-Chairs’ Opening Remarks microphone-alt Jeff Sammon, Director, Global Trade Services Program Management Office,

An Update on BIS and DOJ Enforcement Postures Amid the End of the China Initiative microphone-alt John D. Sonderman, Director, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce

Benjamin J. Hawk, Deputy Chief, Counterintelligence and Export Control Section, National Security Division, U.S. Department of Justice In early 2022, DOJ National Security Division (NSD), announced that a review of the China Initiative begun under the Trump administration had concluded that it was “not the right approach” and that DOJ would adopt a broader framework, the Strategy for Countering Nation-State Threats, to address threats from hostile nation-states. What does this new framework mean for existing export control and sanctions enforcement measures? During this session, benefit from cross-agency updates and ask your questions.

TE Connectivity

11:00

Hena Schommer, Global Trade Counsel, Hewlett Packard Enterprise

11:15

9:00

Technology and Data Transfers: Aligning Risk Mitigation with Export Controls, Licensing Requirements, and Data/IP Protection

Inbound and Outbound Foreign Direct Investment: Special Considerations for CFIUS and U.S. Investment in China—and the Interplay of Export Controls microphone-alt Benjamin G. Joseloff, Of Counsel, Cravath, Swaine, & Moore LLP

microphone-alt Lillian Norwood, Senior Manager, Export Compliance, Amazon

Former Senior Counsel and CFIUS Lead Counsel, U.S. Department of Treasury

Hena Schommer, Global Trade Counsel, Hewlett Packard Enterprise Barbara Linney, Partner, BakerHostetler • How to define technology under the export control regulations • When is technology abroad subject to U.S. jurisdiction?

• Exemptions to technology regulation: published technology, fundamental research, nonproprietary systems descriptions • Technology licensing requirements » What are the steps for determining whether export authorization is required? » What are the types of authorizations available? » Best practice methods and procedures to make the most of EAR and ITAR license exceptions » The treatment of dual and third-country nationals at overseas facilities • Protecting your technology » How to negotiate IP licensing agreements and non-disclosure agreements » R&D scenarios and pitfalls • Building a robust compliance program » How to manage travel and hand-carried data exports » Best practices for IT controls and network access rights

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Networking Break

Nicholas Klein, Partner, DLA Piper Part 1: Managing the Interplay of Export Controls and CFIUS • • • • •

Reviewing the volume of filings CFIUS is processing Discussing current national security risk areas and their impact to transactions in those sectors Analyzing the impact of FIRMMA and export controls on filing decisions Discussing how to manage the deal timing impacts of CFIUS review Exploring the challenges for U.S. businesses and foreign investors in assessing CFIUS risk to a transaction

Part II: An Update on U.S. Restrictions on Investment in Chinese Semiconductor, AI, Facial Recognition, Drones, and other High-Tech Firms and Startups • Updates to OFAC’s Non-SDN Chinese Military Industrial Complex list • BIS’ Entity List designations and CCL expansions as well as its efforts to expand CFIUS authority • Proposed regulations and their potential impact 12:15

Networking Luncheon for Speaker and Attendees

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BED VENUE INFORMATION Sheraton Pentagon City Hotel 1:30

AUDIENCE POLLING

The Top 5 Most Vexing China Sanctions Compliance Challenges: Compliance Benchmarking and Best Practices microphone-alt Eric Carlson, Partner, Covington & Burling LLP (Shanghai/Washington, DC) Diana Iskelov, Director and Senior Counsel, BNP Paribas During this session, gain practical know-how for resolving some of the newest, emerging sanctions compliance challenges-and best practices for strengthening your compliance and screening protocols.

• US sanctions on China » Sanctions on Xinjiang Production and Construction Corps (XPCC) and implications for compliance » China’s countermeasures: Understanding China’s Countering Foreign Sanctions Law • US sanctions on Hong Kong • Special status of Hong Kong in U.S. legislation • Consequences of determination that Hong Kong is not autonomous • Export and reexport requirements that would apply if special status is revoked • Hong Kong Autonomy Act and potential sanctions on foreign financial institutions

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “American Conference Institute”.

Please note that the guest room block cut-off date is September 23, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

CONTINUING LEGAL EDUCATION CREDITS Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

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2:30

How Companies are Implementing China’s New Data Security Law: The Finer Points of Navigating Grey Areas Affecting Data Transfers, Classification and More High Stakes Issues With complex requirements affecting usage, collection, and protection of data, China’s Data Security Law came into effect on September 1, 2021. How can industry navigate murky, grey areas of the law?

Which data processing activities might trigger national security review requirements?

• Cross-border data transfer requirements: Compliance requirements for data intermediary service providers. What are the penalties for violation?

• Data classification challenges under Article 21 • Managing ambiguous, and more restrictive cross-border transfer rules • National security review requirements • Which Chinese regulator will be in charge? Why this is burdensome for business • How does the Data Security Law differ from the Personal Information Protection Law (effective November 1, 2021)?

• What are strategies businesses should keep in mind to ensure compliance?

3:30

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CREDITS

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

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

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.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/

Close of Conference

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As American Conference Institute and our partners plan for in-person events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery. In addition, to ensure your safety, our event staff is fully vaccinated.

All our events will adhere to official government and local authority guidance in addition to venue or location-specific regulations, and will follow the commitments below.

Attendance Screening All attendees will need to assert that at the time that they first attend the conference and for the 10 days prior: y Have not experienced any COVID-19 symptoms now or within the last 10 days. y Have not had close contact with any person with or suspected of having COVID-19 within the last 10 days. y Have not had a positive COVID-19 test within the last 10 days. y Have not been advised by any health authority, government agency or regulatory body, within the last 10 days, to self-isolate due to possible exposure to COVID-19.

Link to COVID-19 symptoms: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html We are closely monitoring industry best practices and will be evaluating further additional measures pertaining to vaccinations and on-site screening based on the advice of health authorities.

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Please check back frequently as we monitor and evolve our plan in the weeks ahead.

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CRITICAL ENFORCEMENT UPDATES FROM BIS AND DOJ

Patricia Harden Head of Sanctions Miyuki Johnson VP, Manufacturing

Matthew Axelrod Assistant Secretary for Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Benjamin J. Hawk Deputy Chief, Counterintelligence and Export Control Section, National Security Division U.S. Department of Justice

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

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