ACI's 6th Conference on China Trade Controls - WEB

EARN CLE CREDITS

NEW BEST PRACTICES FROM:

November 13–14, 2024 Hilton Towers Arlington Arlington, VA

ɀ Intel ɀ Honeywell ɀ Thermo Fisher Scientific ɀ Biogen

ACI's 6th Conference on

ɀ Pfizer

CHINA TRADE CONTROLS

ɀ Microsoft ɀ SAP ɀ Barclays (Hong Kong) ɀ Northrop Grumman ɀ Qualcomm ɀ Keysight Technologies

The Country’s Premier Gathering on Managing Complex Business Dynamics, Export Controls and Sanctions Risks

ɀ L3 Harris ɀ WILO Group LLC ɀ Mitsubishi Logisnext Americas ɀ Nidec Motor Corporation ɀ Parsons ɀ IBM

DISRUPTIVE TECHNOLOGY TASK FORCE UPDATES: Kevin Kurland

Elizabeth Cannon

Executive Director of the OICTS, Bureau of Industry and Security U.S. Department of Commerce

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ɀ MicroPort Orthopedics

Eun Young Choi

Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce

OICTS INSIGHTS:

ɀ Applied Materials Deputy Assistant Attorney General, National Security Division U.S. Department of Justice

THE BULK DATA EO AND NEXUS WITH CHINA TRADE: Lee Licata

Deputy Section Chief for National Security Data Risk U.S. Department of Justice

AmericanConference.com/ChinaTrade • 888 224 2480

OUTBOUND INVESTMENT UPDATES:

ɀ Sandvik Manufacturing Solutions ɀ ServiceNow ASSOCIATE SPONSORS:

Eric S. Johnson

Principal Deputy Chief, Foreign Investment Review Section U.S. Department of Justice

EXHIBITOR:

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Distinguished Faculty GOVERNMENT FACULTY:

As the only comprehensive, practical event of its kind, there has never been a more pressing time to address critical challenges, including:

Eun Young Choi

Deputy Assistant Attorney General, National Security Division U.S. Department of Justice

Kevin Kurland

Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce

Elizabeth Cannon

Executive Director of the OICTS, Bureau of Industry and Security U.S. Department of Commerce

Lee Licata

Deputy Section Chief for National Security Data Risk U.S. Department of Justice

Eric S. Johnson

ç Post-Election China Trade Policy Outlook: Positioning Your Organization for What’s Ahead

ç Deciding If and How to Continue Business Operations in

China: Aligning Decision-Making with Export and Sanctions Risk Management

ç Third-Party Management: Handling the Impact of Evolving

Export Controls and Sanctions on Due Diligence and Monitoring

ç Making the Toughest Export Compliance Calls on China:

de minimis, FDPR and the Interplay with Economic Sanctions

ç Integrating Export Controls and Sanctions for an Optimal

Principal Deputy Chief, Foreign Investment Review Section U.S. Department of Justice

Kit Conklin

Senior Advisor U.S. House Select Committee on China

Julia Khersonsky

Deputy Assistant Secretary for Strategic Trade Bureau of Industry and Security U.S. Department of Commerce

CONFERENCE CO-CHAIRS: Rebecca Conover

Senior Director, Export Controls and Sanctions Intel

Compliance Program: Revisiting Your Organization’s Risk Profile and Detecting Program Weak Spots

Barb Secor

And much more!

Ajay Kuntamukkala

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Vice President, Global Trade Compliance Thermo Fisher Scientific Office Managing Partner Hogan Lovells

#ChinaTrade

KEY INSIGHTS AND BEST PRACTICES FROM: Peter Harrell

Attorney Former Senior Director, International Economics and Competitiveness, The White House; National Security Council; National Economic Council

Jeanette Chu

Vice President, National Security Policy National Foreign Trade Council; Former Senior Policy Advisor, Bureau of Industry Security (BIS), U.S. Department of Commerce

Elizabeth Fitzpatrick

Vice President and General Counsel, Global Trade Sanctions Honeywell

Irene Chiu

Senior Vice President & Chief Compliance Officer MicroPort Orthopedics

Sahra Park-Su

Hena Schommer

Dr. Chris Timura

Sasha Kalb

Jahna Hartwig

Hector Rivera

Paul Marquardt

Director, Trade Legal Applied Materials Director, Financial Crimes Legal Barclays (Hong Kong) Senior Director, Export and Sanctions Compliance Qualcomm Technologies Inc.

Debbie Shaffer

Senior Manager, Global Trade Compliance L3 Harris Technologies

Mark Jones

Export Compliance Manager WILO Group LLC

Sarah O’Hare O’Neal

Deputy General Counsel, International Trade Law Microsoft

Lead Senior Legal Counsel, Global Export Controls and Trade Sanctions SAP

Michael Bermudez

Michaael DiPaula-Coyle

Heather Ludwig

Head of International Trade Policy/ Director for Trade, Enterprise Risk and Supply Chain Resiliency IBM

Kelly Herman

Corporate Counsel Northrop Grumman

Toochi Ngwangwa

US Global Trade Counsel Sandvik Manufacturing Solutions

Bob Bowen

Export and Trade Compliance Counsel ServiceNow

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Vice President, International Trade Compliance Parsons Trade Compliance Counsel, Director Nidec Motor Corporation

Bryce Bittner

Managing Counsel, International Trade Legal McKinsey & Company

Ted Murphy

Partner Sidley Austin LLP

David A. Ring

Partner Wiggin and Dana LLP

AmericanConference.com/ChinaTrade • 888 224 2480

Partner Gibson, Dunn & Crutcher LLP Partner Wilson Sonsini Goodrich & Rosati Partner Davis Polk & Wardell LLP

Mollie Sitkowski

Partner Faegre Drinker Biddle & Reath LLP

Yan Luo

Partner Covington & Burling LLP

Benjamin G. Joseloff

Partner Cravath, Swaine, & Moore LLP

Nathaniel B. Bolin Partner K&L Gates LLP

Mollie Sitkowski

Partner Faegre Drinker Biddle & Reath LLP

Erika Vidal-Faulkenberry

Global Head, Trade Compliance Biogen

Rod Menas

Director, Export Compliance Keysight Technologies

Nancy Fischer

Partner Pillsbury Winthrop Shaw Pittman LLP

Renee Latour

Partner Clifford Chance LLP

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PRE-CONFERENCE WORKSHOP

Tuesday, November 12, 2024 WORKSHOP A 9:00 am–12:30 pm (Registration opens at 8:30 am)

An In-Depth, Updated Compliance Roadmap to the Advanced Computing and Semiconductor Rule: Demystifying the Latest Updates, TGLs, Impacted ICs, Gap Analysis-and New Lessons Learned Advanced semiconductor rule compliance is essential for maintaining market access and your competitive advantage. This workshop will assure you have critical points in place, taking risk mitigation to the next level. Instructors will employ hypothetical scenario planning and case study examples, and provide post-workshop take-away materials, all in a closed-door, collaborative setting. Bring your questions!

Hector Rivera

Senior Director, Export and Sanctions Compliance Qualcomm Technologies Inc.

Nathaniel B. Bolin Partner K&L Gates LLP

Topics will include: • Determining what is restricted and where: Focus areas » Sales restrictions » Sales education » Factory operations » Consumers • Compliance implementation and practices » Classification reviews and product surveys: Review the new ECCNs 3A090, 3A001.z, 3A991.p, 4A003.z, 4A004.z, 4A005.z, 4A090, 4A991.i, 5A002.z, 5A004.z, 5A992.z, 5D002.z, 5D992.z Confirming the classification of items, including items that previously might have been classified as EAR99 or subject to only anti-terrorism (AT) controls Assessing whether foreign made items are subject to the EAR under the de minimis and FDPR Companies that procure these items as components need to confirm status with suppliers » Evaluate licensing requirements: Determining exports and services requiring authorization to Country Groups D:1, D:4 and D:5, as well as companies headquartered or parented in these countries

• Due diligence » Due diligence “headquarters” Defining the concept of “headquartered in” Developing reasonable approaches to this issue, due diligence procedures, and documentation of their review Diligence for private companies in China where ownership information is not transparent or for companies owned by private equity funds or other complex structures where owner headquarters location is not easily identified Options for obtaining certifications and representations from customers concerning end use, location, headquarters/location » U.S. person support, where “support” includes “facilitating” a shipment, transmission, or transfer Reviewing US person involvement in semiconductor and supercomputerrelated activities, including those of senior management outside the US Other touchpoints for “support” where you are not exporting an item subject to the EAR, but providing a specific service • Temporary General License » Language and translation challenges » Testing control tools: Is test and validation a separate restricted end use?

Considering whether new licensing requirements will eliminate or delay their ability to obtain certain critical items subject to the EAR for manufacturing operations Evaluating options and strategies for use of NAC/ACA and the TGL License Exception NAC: When you need prior notification to and authorization from BIS — compliance protocols to manage this process and build-in lead times

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PRE-CONFERENCE WORKSHOP

Tuesday, November 12, 2024 WORKSHOP B 1:30 pm–5:00 pm (Registration opens at 1:00 pm)

Third Party and Supply Chain Due Diligence and Resilience: Revisiting Export, UFLPA and Sanctions Risk Assessments, Compliance and Monitoring Third party risk management in China is increasingly critical due to the complexities of operating in China’s evolving regulatory environment and the reliance on extensive supply chains and partnerships. As companies engage with local vendors, suppliers, and other third parties, they must navigate a complex web of risks.

Building on the previous workshop, this session will discuss how to re-evaluate your organization’s risk profile and program as geopolitical and compliance challenges continue to mount. Topics will include: • Third-party and supply chain risk ranking: Developing a due diligence model that stratifies your risk based on third parties — and how to perform due diligence accordingly

Toochi Ngwangwa

US Global Trade Counsel Sandvik Manufacturing Solutions

Bryce Bittner

Managing Counsel, International Trade Legal McKinsey & Company

• US sanctions on mainland China and Hong Kong — and evolving due diligence and monitoring in response to changing sanctions » Sanctions on Xinjiang Production and Construction Corps (XPCC) and implications for compliance » China’s countermeasures: Understanding China’s Countering Foreign Sanctions Law » Special status of Hong Kong in U.S. legislation • Re-Assessing sanctions risks associated with each tier of your supply chain: Evaluating your risk profile and tolerance • Working with verified entities – How much due diligence is enough?

• How to conduct a sanctions risk assessment as part of your compliance program • UFLPA » Requirements and expectations for due diligence » How far do you need to go at the due diligence phase » The scope of documentation and more items that are required to rebut the presumption of forced labor » How AI and open-source research can be used to conduct global supplier due diligence » Types of secondary due diligence (e.g., transaction testing, deeper-dive due diligence reports, forensic testing) • Export controls and third-party audits and assessments » Updating questionnaires regarding export compliance programs and practices — and dealing with uncooperative third parties » Strengthening compliance clauses: Ensuring contracts include specific clauses requiring third parties to comply with all applicable export laws and regulations » Addressing the hurdles to exercising third party audit rights » To what extent you can require training — and the pros and cons of providing training » What to do with information uncovered during the vetting process: How to evaluate suspected or actual issues

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DAY ONE

Wednesday, November 13, 2024 7:30

Registration and Continental Breakfast

8:45

Opening Remarks from the Co-Chairs Rebecca Conover

Senior Director, Export Controls and Sanctions Intel

9:00

Barb Secor

Vice President, Global Trade Compliance Thermo Fisher Scientific

Ajay Kuntamukkala

Office Managing Partner Hogan Lovells

FIRESIDE CHAT The Bulk Sensitive Data EO and its Nexus with China Trade Controls Moderator:

Lee Licata

Deputy Section Chief for National Security Data Risk U.S. Department of Justice

9:30

Ajay Kuntamukkala

Office Managing Partner Hogan Lovells

POST-ELECTION OUTLOOK

Insights into the Present and Future of U.S.-China Trade Relations and Geopolitical Risk Post-Election In the wake of the U.S. election, what can exporters and financial institutions expect around China trade policy here forward as geopolitical tensions intensify?

Peter Harrell

Attorney Former Senior Director, International Economics and Competitiveness, The White House; National Security Council; National Economic Council

Kit Conklin

Jeanette Chu

Vice President, National Security Policy National Foreign Trade Council; Former Senior Policy Advisor, Bureau of Industry Security (BIS), U.S. Department of Commerce

Senior Advisor U.S. House Select Committee on China

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Main Conference DAY ONE 10:15

Extended Networking Break

10:45

CASE STUDIES

Deciding If and How to Continue Business Operations in China: Aligning Business, Operations, Trade Compliance and Risk Management • Leveraging joint ventures to maintain select China operations • What are the business thresholds for maintaining China operations?

• What are the impacts of China’s US export control/sanctions countermeasures on businesses in China: The relationship between The Anti-Foreign Sanction Law, Unreliable Entity List and the Blocking Order • Completing the factual and legal due diligence and analysis needed to achieve clarity about the status of your business with China under international trade restrictions

11:45

Sarah O’Hare O’Neal

Deputy General Counsel, International Trade Law Microsoft

Mollie Sitkowski

Partner Faegre Drinker Biddle & Reath LLP

Elizabeth Fitzpatrick

Vice President and General Counsel, Global Trade Sanctions Honeywell

STRATEGY SESSION #1 (Hypothetical Scenarios and Audience Polling)

Making the Toughest Export Compliance Calls on China: de minimis, FDPR and the Interplay with Economic Sanctions Using hypothetical scenarios and audience feedback, this session will delve into the most vexing grey areas and compliance pain points FDPR:

Mark Jones

Export Compliance Manager WILO USA LLC

Nancy Fischer

Partner Pillsbury Winthrop Shaw Pittman LLP

• Avoiding key pitfalls when applying the FDPR • Foreign Direct Product Rule (FDPR)/advanced computing export controls rules • de minimis threshold decision-making » Examine necessary tools your peers are using for when your compliance teams are stumped by: Impacts of the FDPR rule: How do you tighten up compliance oversight around third-party due diligence procedures?

Conducting gap analysis: Updating your compliance program protocols to make sure legal, engineering, and trade compliance are all in the loop What constitutes “controlled content” Ineligible items for de minimis Standardized methodologies of calculations, documentation, record and communication

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Main Conference DAY ONE • Employee training and monitoring » Understanding internal processes that lead to the export transaction: Working with all teams involved including development, fulfillment, logistics, finance and IT » Has the company provided tailored training for high-risk and control employees? » What resources have been available to employees to provide guidance • Conducting gap analysis: Updating compliance programs to make sure legal, engineering, and trade compliance are all in the loop with new controls • 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

12:45

Networking Luncheon

2:00

ICTS FIRESIDE CHAT The Office of Information and Communications Technology and Services (ICTS): Restriction Priorities and Expectations Elizabeth Cannon

Executive Director of the OICTS, Bureau of Industry and Security U.S. Department of Commerce

2:30

Jeanette Chu

Vice President, National Security Policy National Foreign Trade Council; Former Senior Policy Advisor, Bureau of Industry Security (BIS), U.S. Department of Commerce

avigating ICTS Supply Chain Rules: N How Industry is Screening Technology Transactions Amid Increased OICTS Oversight

Businesses will need to keep a closer eye on their digital supply chains as the U.S. government introduces measures to secure the information and communications technology (ICTS) infrastructure from exploitation by foreign adversaries. The latest ANPRM now also brings connected vehicles (CVs) technology under the ICTS microscope.

How is industry screening, or preparing to screen, such transactions out of their existing supply chains?

3:30

Moderator:

Heather Ludwig

Bob Bowen

Michael Bermudez

Dr. Chris Timura

Trade Compliance Counsel, Director Nidec Motor Corporation Vice President, International Trade Compliance Parsons

Export and Trade Compliance Counsel ServiceNow Partner Gibson Dunn

Networking Break

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Main Conference DAY ONE 3:45

EXPORT SANCTIONS AND GEOPOLITICAL RISKS IN THE BIG PICTURE

How Senior Corporate Leadership is Evaluating and Ranking Trade, Cyber, Data Privacy and Supply Chain Risks This session will feature corporate executive insights into current supply chain risks amid increased cyber hazards, the Bulk Data EO, evolving advanced computing restrictions, as well as increased technological restraints in a tense geopolitical environment.

4:30

Irene Chiu

Senior Vice President & Chief Compliance Officer MicroPort Orthopedics

Michaael DiPaula-Coyle Head of International Trade Policy/Director for Trade, Enterprise Risk and Supply Chain Resiliency IBM

HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING

MEU, MIEU and CCMC Rules: New Enforcement Risks and the Hidden Lessons for Updating Compliance and Licensing Practices • How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC regulations: What are best practices?

• Getting previous Returned Without Action (RWA) notices approved: » HYPOTHETICAL SCENARIO: What do you do if a customer’s subcontractor ends up on the MEU list, even if they have no military intent? How do you prove to BIS that this subcontractor will avoid military activities to get your RWA approved?

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

• CMMC, MEU, MIEU tools: » Development of a Heat Map to focus on risk-based compliance » Preparing questionnaires to help the business flag risk areas » Leveraging relationships in countries where business opportunities are likely to arise • Beneficial owner screening:

Sahra Park-Su

Lead Senior Legal Counsel, Global Export Controls and Trade Sanctions SAP

Debbie Shaffer

Senior Manager, Global Trade Compliance L3 Harris Technologies

Jahna Hartwig

Partner Wilson Sonsini Goodrich & Rosati

» Screening for the customer and any entity with a 50% or greater ownership interest » Best practices around screening all significant shareholders (5% or more) and the company’s Directors and Officers • Resources beyond screening: » Open-source research: Conduct searches of each end-user to verify and confirm business relationships and dealings » Questionnaires Inquiring about the use of products, requests for org charts and end use certificates End Use Certification: Customer confirmation of their anticipated end use of the product End User Questionnaire: Conducting due diligence to determine an entity’s ownership, business background and intended use of product

5:15

Close of Day One

Networking Cocktail Reception

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DAY TWO

Thursday, November 14, 2024 7:30

Registration and Continental Breakfast

8:45

Opening Remarks from the Co-Chairs Rebecca Conover

Senior Director, Export Controls and Sanctions Intel

9:00

Barb Secor

Ajay Kuntamukkala

Vice President, Global Trade Compliance Thermo Fisher Scientific

Office Managing Partner Hogan Lovells

FIRESIDE CHAT

Special Update on Disruptive Technology Task Force Enforcement Kevin Kurland

Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce

9:30

Eun Young Choi

Deputy Assistant Attorney General, National Security Division U.S. Department of Justice

Moderator: Renee Latour

Partner Clifford Chance LLP

STRATEGY SESSION #2 (Hypothetical Scenarios and Audience Polling)

Managing Cross Border Data Transfers Under the Proposed Bulk Data EO Regulations: Aligning Risk Mitigation for Export Compliance and Licensing Businesses and entities involved in data-related activities must adapt to an evolving regulatory landscape to ensure compliance and protect their operations from potential risks. How are multinationals preparing for anticipated enforcement around the Bulk Data EO? • The concept of “controlled” to include bulk sensitive data that might not traditionally fall under the EAR other ITAR • How the proposed rule aligns with export control restrictions that focus on preventing the transfer of critical technologies and sensitive information

Hena Schommer

Director, Trade Legal Applied Materials

Yan Luo

Partner Covington & Burling LLP

• Reviewing transactions involving bulk sensitive data with foreign adversaries, similar to how export controls require licenses for certain exports to controlled destinations • How both the EO and export controls use similar criteria to assess national security risks, including the potential use of data for surveillance or intelligence activities

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Main Conference DAY TWO 10:15

Networking Break

10:30

COMPLIANCE PROGRAM INTEGRATION

Integrating Export Controls and Economic Sanctions for an Optimal Compliance Program: Revisiting Your Organization’s Risk Profile and Detecting Program Weak Spots Panelists will describe the evolution of their economic sanctions and export compliance programs, lessons learned, what tools they have used, and other hallmarks of a best-in-class program.

Topics will include: • Key components and solutions that companies have integrated within their current processes • Using root cause analysis to identify recurring problems and improve compliance efficiencies

Barb Secor

Vice President, Global Trade Compliance Thermo Fisher Scientific

Mollie Sitkowski

Partner Faegre Drinker Biddle & Reath LLP

• Industry specific challenges – Semiconductor, telecom, aerospace & defense, life sciences, automotive, etc. » Program differences and similarities between industries • Integrating evolving export controls into your policies, systems and third party and supply chain management » Assessing the benefits of self-disclosure amid a possible violation • Getting buy-in for compliance efforts from the top down

11:15

TRADE POLICY OUTLOOK

A Strategic China Trade Policy Outlook Julia Khersonsky

Deputy Assistant Secretary for Strategic Trade Bureau of Industry and Security U.S. Department of Commerce

12:30

Networking Luncheon

MEDIA PARTNERS:

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NAGC N AT I O N A L A S S O C I AT I O N O F GOVERNMENT CONTRACTORS

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Main Conference DAY TWO 1:45

TRANSACTIONAL RISK MANAGEMENT

Export, Sanctions, JV and M&A Transaction Risk Management in China: How the Financial Community is Re-Assessing Their Risk Tolerance and Decision-Making • How are financiers changing their risk assessments and what have the impacts been on those making investments?

• Screening supply chains for compliance and revisiting contractual obligations for risk mitigation

Sasha Kalb

Director, Financial Crimes Legal Barclays (Hong Kong)

Paul Marquardt

Partner Davis Polk & Wardell LLP

• Leveraging joint ventures to maintain select China operations • What are the business thresholds for maintaining China operations?

• What are the impacts of China’s US export control/sanctions countermeasures

2:30

FOREIGN ADVERSARY CONTROLLED APPLICATIONS

Beyond TikTok: The Establishment of the Committee for the Review of Foreign Adversary Controlled Applications When Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act in April 2024, most of the headlines focused on the law’s effect on a single popular social media app: TikTok. In July 2024, however, President Biden used authorities under the new law to establish the Committee for the Review of Foreign Adversary Controlled Applications, which could have far-ranging consequences across the digital landscape. What is the status of the new committee and how will it fit in among the U.S. Government’s other tools for combatting commercial hybrid threats?

Eric S. Johnson

Principal Deputy Chief, Foreign Investment Review Section U.S. Department of Justice

Benjamin G. Joseloff Partner Cravath, Swaine, & Moore LLP

3:15

Networking Break

3:30

UFLPA and the Interplay with Export Controls and Sanctions Compliance: New Lessons Learned

• Exporting UFLPA detained/excluded merchandise (when/how/where) • Should economic sanctions and export compliance tools be applied to UFLPA — and, if so, to what extent?

• Overlap between UFLPA Entity List and BIS Entity List for human rights violations • Shared Government Agencies participating in the FLETF and End-User Review Committee

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Kelly Herman

Corporate Counsel Northrop Grumman

Ted Murphy

Erika Vidal-Faulkenberry Global Head, Trade Compliance Biogen

Partner Sidley Austin LLP

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Main Conference DAY TWO 4:15

REPUTATIONAL RISK AND NIGHTMARE SCENARIOS

The Unwritten Lessons for Reputational Risk and Crisis Management: Recent Examples of Hits and Misses David A. Ring

• How reputational risks have evolved for exporters doing business in China • Rethinking China-centric reputational risk management amid geopolitical shifts, a rise in shareholder activism, public pressures and enforcement developments • The evolving role of legal and compliance in managing reputational risk

Rod Menas

• Managing the reputational aftermath of an enforcement action • Implementing new Board and Audit Committee priorities, including anti-bribery, ESG and emergency preparedness

5:30

Partner Wiggin and Dana LLP Director, Export Compliance Keysight Technologies

Close of Conference

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