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The New Reform: Business Information In A Global Context

Under State and Commerce Managing Your Defence Business under the Transition for European Operations 25th – 26th September 2014 • Amsterdam Marriott Hotel • Netherlands

Kevin Wolf Assistant Secretary for Export Administration US Department of Commerce (USA)

Candace Goforth, Managing Director Goforth Trade Advisors, Former Policy Director Directorate of Defence, US Department of State (USA)

Kenneth Handelmann Deputy Assistant Secretary US Department of State (USA)*

Kevin Maloney, Director at Goforth Trade Advisors LLC Former Director, Defence Technology Security US Department of State (USA)

Peter Klein Vice President of Export and Trade Controls, Airbus (France) Tim Messer Trade Control and Compliance Manage Babcock International (UK)

Heather Sears VP Trade Compliance and Associate Corporate Counsel, DRS Technologies (USA) Karen Jones Director of Trade Compliance Exelis Electronic Systems Division (USA)

Andrew Wood Director of Strategic Export Controls Rolls Royce (UK) Stan Hoppenbrouwer Group Export Control Director Thales (France)

Joshua Fitzhugh Head of Trade Controls BAE Systems (UK)

Natasha Allen Head of Trade Compliance Europe and Asia, Meggitt (UK)

Debi Davis VP International Trade United Technologies (USA)

Frederick Shaheen Chief Counsel Global Trade, Boeing (USA)

Beth Ann Johnson Director, Export/Import Shared Services Northrup Grumman (USA)

Sue Tooze Deputy Head of Trade Controls BAE Systems

Participate in seven in-depth group cases studies with the US Export Control Reform Clear up your questions on how to treat items under the 600 series

Find out how to benefit from new opportunities available through the de minimis rule Ensure you have the correct licences in place once your goods have moved lists

Take home crucial strategies for working with US suppliers when reclassifying items that have moved jurisdiction under from the USML to the CCL

Premium Exhibitor:

Media Partners: Up to 16.5

CPD

To register call +44 (0) 20 7878 6888 or register online at www.C5-Online.com/TradeDefence


The US Export Control Reform, in part, has been developed to make it easier to work with US controlled defence materials. While the Export Administration Regulations (EAR) is undeniably less restrictive, there are more exceptions and exemptions, making the transitioning process difficult and confusing for those who haven’t worked under the regulations previously.

Any time there is extreme change; there is also tremendous room for error. With the US increasing enforcements, this is not to time to make mistakes. At the end of last year, we saw the biggest civil penalty of all time – $50 million given to a well-known oil and gas company. The new year has seen a continuation of enforcements for export control violations.

C5 is bringing together current and former US government officials who have been directly involved in drafting the US Export Control Reform. Take advantage of this rare opportunity to have you specific questions on the Export Control Reform, ITAR and the EAR answered by the individuals who know it best, including: • Kevin Wolf, Assistant Secretary for Export Administration, US Department of Commerce (USA) • Kenneth Handelmann, Deputy Assistant Secretary, US Department of State (USA)* • Candace Goforth, Managing Director, Goforth Trade Advisors, Former Policy Director, Directorate of Defence, US Department of State (USA) • Kevin Maloney. Director at Goforth Trade Advisors LLC, former Director, Defence Technology Security, US Department of State (USA)

Updates on regulations and refreshers on complex matters are necessary for any company wishing to remain compliant with new or complicated rules. However, when rules are new and difficult, to fully grasp how they work in practice, one needs to practically apply them. For this reason, C5 has created special case studies addressing the specific challenges that companies are facing when working with US Export Controls. Attendees will be divided into groups to work through various scenarios as a team and will have the government and former government speaking faculty as well as industry experts on hand to answer the questions that arise.

Designed to address your organisation’s regional ITAR & EAR compliance challenges, and featuring a world class faculty, this is the most comprehensive event of its kind on the market. Guarantee your seat today by calling: +44 (0) 20 7878 6888, faxing your registration form to +44 (0) 20 7878 6885 or registering at www.c5-online.com/TradeDefence

A Must-Attend Event For Vice Presidents / Heads / Officers / Directors / Managers of: • Export Controls

• Export Licensing

• Import/Export Compliance

• Export Compliance

• Classification

• Trade and Regulatory Counsel

• Procurement/Purchasing

• Internal Audit

• Marketing and Sales

• Engineering

• Export Control Lawyers and Consultants

• Project/Programme

• In-House Counsel

• International Contracts Managers

• International Trade Counsel

• Export Compliance Specialists


Candace Goforth Managing Director, Goforth Trade Advisors Former Policy Director, Directorate of Defence Trade Controls, US Department of State (USA) 8:30 9:00 ï Key compliance elements from the corporate statement of commitment to execution of order ï Importance of incorporating ITAR into cross border programmes - Integrating ITAR and EAR with other controls including anti-corruption and boycotts

ï ï ï ï

Management of training to the process Internal audits and updates Generating defensive data Establishing a process for reporting concerns

10:15 10:45 ï Commodity jurisdiction - Working out who has jurisdiction - Understanding the guidelines for determining who has jurisdiction - Jurisdictional reviews as defensive strategy ï Classification - Distinguishing ITAR and EAR analysis - Executing self-assessment procedures to accurately classify items and technology

between the supplier and the importer ï Technology controls - Implementing an effective Technology Control Plan

12:00 13:00 ï How to keep unauthorised data out and how to deal with it when it comes in ï The importance of being involved in the process to apply for DSP-5 and other authorisations ï Importance of ensuring that all the specifications and information to relevant manufacturing and relevant data are taken into consideration when the license is submitted

ï Execution of authorisations, monitoring and record keeping ï Checklist of key clauses with direct impact

ï Who should conduct ITAR and EAR risk assessments? ï When and how to make risk assessments effective ï What controls to put into place when you identify a high risk

ï How to structure and conduct an internal investigation ï Immediate remedial measures if you find a suspected violation ï Internal control and disclosure requirements ï The value of defensive data

ï Failure protocol

14:00

15:15 15:45 ï Overview of enforcement trends - New priorities under EAR and ITAR - Lessons learned from recent cases triggers US government investigations? ï Disclosure

16:45 17:00

- When, how and who to disclose to when you discover an unintentional breach - Opportunities for voluntary disclosure and their role in prosecutions - Understanding your legal obligation to disclose information - Best practices for dealing with the DDTC, BIS, OFAC and the DOJ


8:15 8:45 Frederick Shaheen Chief Counsel, Global Trade Boeing (USA)

Andrew Wood Director of Strategic Export Controls Rolls Royce (UK)

Kevin Wolf Assistant Secretary for Export Administration Department of Commerce (USA)

ï Significant changes to US export controls post Reform ï Impact of the changes on European companies - New powers bestowed on foreign exporters post Reform?

GOVERNMENT ADDRESS

9:00

ï Key differences between the US export control regimes Export Administration Regulation (EAR) International Traffic in Arms Regulation (ITAR)

10:00 Candace Goforth Managing Director, Goforth Trade Advisors Former Policy Director, Directorate of Defence Trade Controls, US Department of State (USA) As items move from the ITAR controlled USML list to the 600 series list, European importers are finding themselves responsible for following an entirely new and complex regulation, the Export Administration Regulation. What

licences should you be using with 600 series items Licence? How do US arms embargoes impact where you can send items under the 600 series? What information do you need when filing Destination Control Statements for 600 series items? Get the answers to these questions and more answered by those who drafted the US Export Control Reform. If you have any questions you’d like to submit in advance, please send them to L.Zimman@c5-online.com.

10:30 Karen Jones Director of Trade Compliance Exelis Electronic Systems Division (USA)* ï Important classification changes that have taken place under the Reform, including changes to category 4, 11 and 15 importers can do to be prepared o How to keep track of on-going changes ï Best practices for updating the formerly ITAR controlled data that you already have incorporated into your products ï Expectations, requirements and realities - what information they should be sharing with you

- what they need to provide you with by law - what to do when they do not provide you with need to update your systems ï Reconciling disagreements over the designation you believe an item has moved lists and your US supplier insists that the item remains under ITAR controls - At what point should you raise your concerns with the US government? - Steps to take when trying to classify a US item as a foreign company ï Documentation to put into place to protect your company from incorrect classification by a US supplier

11:30 11:45 Kevin Maloney Director at Goforth Trade Advisors LLC Former Director, Defence Technology Security, US Department of State (USA) ï Impact of the de minimis rule for European rule creates

ï Application of the de minimis rule on 600 series items - Instances when a European company can re-export goods without any written approvals or licences - Limitations of the rule of 600 series items

To register call +44 (0) 20 7878 6888 OR visit www.C5-Online.com/TradeDefence

International Trade Compliance Experts:Networking Group


12:45 Following the Networking Luncheon, attendees will break out into groups to work through practical exercises and case studies, drawing from the topics discussed during the morning session

JURISDICTION

14:00 Franceska Shroeder Partner Fish and Richardson (USA) Natasha Allen Head of Trade Compliance, Europe and Asia Meggitt (UK)* Over the past year, portions of the US Export Reform have been released, shifting the jurisdiction of thousands of items. Through several topical scenarios this case study will provide you with the opportunity to:

ï Work through the challenges if spotting goods that have moved jurisdictions ï Gain strategies for collaborate with US suppliers to re-categorise these item ï Ensuring the that correct licences are in place ï Act independently in situations in which your US supplier is unwilling or unable to help in the re-categorisation of goods

15:00 15:15

DE MINIMIS

Heather Sears VP Trade Compliance and Associate Corporate Counsel DRS Technologies (USA) Items that have moved from the ITAR jurisdiction to the EAR jurisdiction can now subject to the de minimis rules, creating new possibilities and freedom for European exporters. However, the de minimis rule is full of exemptions, exceptions and gray areas. Attendees will work case studies in which they will calculate the percentage of US controlled content in various products and under various circumstances to determine whether the US EAR rules will apply. Find out:

ï when US content is considered to be incorporated into a product under the rule ï when items are not eligible for the de minimis rule ï how and when to apply exemptions and exceptions of the de minimis rule ï how to properly made the report required for technology under the diminims rule ï how to treat a product that is not subject to US controls under the de minimis rules under standard rules if it is re-exported to sanctioned or embargoed countries

NEW PRODUCTS

16:00 Tim Messer Trade Control and Compliance Manager Babcock International (UK)* Stan Hoppenbrouwer Group Export Control Director Thales (France)* Deciding whether or not to include US defence controlled materials when creating a new product can be a challenging question for any non-US company because of the exposure it creates to US extraterritorial regulations that will follow the product throughout its life

cycle. Attendees with will work with their teams through the following questions: ï What to consider when deciding whether or not to include US controlled content in your product ï Which employees to involve in the decision making process ï When to buy components and when to make them yourself ï What to educate your engineers on when they are developing new products ï What information to educate your sales department on when the new product is completed

17:00

C5 is focused on providing the most relevant training experience for organisations across the world. Our world class executive learning & development programmes cover the latest regulatory and compliance challenges being faced in business today. However, we recognise that your needs may require a bespoke programme written just for you that is a best fit for your organisation. With this in mind C5 introduces In-house training to our portfolio of events which will allow you and your company to tailor your training needs. Contact Nathan Denham n.denham@c5-online.com

Fax order form to +44 (0) 20 7878 6885 OR register online at www.C5-Online.com/TradeDefence

@C5Live #C5ITAR


8:00 8:45 Frederick Shaheen Chief Counsel, Global Trade Boeing (USA)

Andrew Wood Director of Strategic Export Controls Rolls Royce (UK)

9:00 Andrew Wood Director of Strategic Export Controls Rolls Royce (UK) ï Key differences between what constitutes - Impact of the discrepancies between the definition of nationality on your internal systems - Hidden risks to be aware of

- How does each need to be treated by companies in order to remain compliant? ï Variances in data tracking requirements under ITAR and the EAR ï Best practices for controlling the flow of technology within your organisation ï How to prevent contamination of technology

10:00 Peter Klein Vice President of Export and Trade Controls Airbus (France) Sue Tooze Deputy Head of Trade Controls BAE Systems* ï Vital differences between the licence requirements for items on the USML and the CCL when transferring technical data

ï Restrictions of transferring technical data that falls under the jurisdiction of the EAR - Similarities and differences from the obligations importers have under the EAR and those associated with the TAAs ï When to keep using the current TAA you already have in place for an item that has migrated to the CCL and when to apply for a new licence ï What to do once your TAA has expired

10:45 11:00 Beth Ann Johnson Director, Export/Import Shared Services Northrup Grumman (USA)* ï Scope of the Strategic Trade Authorisation (STA) - Requirements that need to be met to use the STA

the benefits outweigh the burdens? ï What information are companies required to monitor and give feedback on? - How often is feedback required? ï Restrictions on using the STA ï Hidden risks of invalidated the DTA

12:00

DEEMED EXPORTS

13:45 Debi Davis VP International Trade United Technologies (USA)* Work through complex case studies on avoiding unauthorised deemed exports when sending or discussing technical data. Scenarios will include:

ï Determining nationality under the EAR ï Identifying transfer of technology risks under different situations ï Securing the correct authorisations for transferring technology

To register call +44 (0) 20 7878 6888 OR visit www.C5-Online.com/TradeDefence

International Trade Compliance Experts:Networking Group


TTAS AND MLAS

14:15 European defence and aerospace companies often feel that they are at a disadvantage when they are negotiating ITAR agreements and securing ITAR licences with their US suppliers. This case study will present you and your peers to collaborate and share ideas for engaging with your US suppliers to ensure you have the correct licences in place and are protected from unintentional export violations. This series of case studies will provide you with the tools

to advocate for your company when becoming a party to TAAs and MLAs. Work through:

Suzanne Kao ITAR Consultant (USA)

and exceptions of the STA are cumbersome and complicated, often seeming to outweigh the benefits of its use by foreign based exporters. This series of case studies will walk you through the different scenarios that can arise when using the STA. You and your peers will work out how to make the use of the STA less complicated, when it is better to forgo using the STA, and what to do when complications arise or circumstances change and gray areas arise.

ï How to respond when your US supplier does not include you in the drafting of a TAA ï What to do when your US supplier insists on leaving vital parties out of your licences agreement (ie IT service providers, parties to sublicenses and local government officials)

14:45

STRATEGIC TRADE AUTHORISATION

15:00

Joshua Fitzhugh Head of Trade Controls BAE Systems (UK)* The Strategic Trade Authorisation was devised to make it easier for companies sending defence products to governments. However, the rules

VOLUNTARY DISCLOSURES

15:30 Frederick Shaheen Chief Counsel, Global Trade Boeing (USA) With the implementation of the US Export Control Reform and the exposure to an entirely new set of export control regulations, companies are likely to experience export control violations. Find out how to respond when a violation is detected, including:

ï ï ï ï ï

How to draft a notification letter When to engage outside counsel Best practices for interviewing employees What documents to controls How to interact with business partners whose the appropriate licences in place

16:00

WEBCAST

From €645

conference from the convenience of your home or office. Save money on travel and view the conference according to your own schedule. This interactive live webcast allows you to participate in the sessions as they occur, download handouts, and the recorded archives of the presentations will also be available for you to view for 45 days after the conference is over, so you can re-watch sessions, or view any sessions you may have missed.

AmberRoad, is the leading provider of Global Trade Management (GTM) solutions that improve the performance of global supply chains for importers, exporters, logistics service providers, and carriers. Combining an expansive trading partner network, enterprise class software and specialized trade content resources, our solutions address mission critical business challenges for all companies involved in global trade. These solutions include automating export processes, providing order and shipment visibility, calculating tariffs, duties and taxes, ensuring regulatory compliance (including Restricted Party Screening) and simplifying the financing, sourcing and transporting of goods across international borders. Visit www.amberroad.com for more information.

GLOBAL SPONSORSHIP OPPORTUNITIES

C5 works closely with sponsors to create the perfect business development solution catered exclusively to the needs of any practice group, business line or corporation. With over 500 conferences held in Europe, Russia and the CIS, China, India, the US and Canada, C5, ACI and CI provide a diverse portfolio of first-class events tailored to the senior level executive. Tatiana Parkinson on +44 (0)20 7878 6907 or email T.Parkinson@C5-Online.com

©C5, 2014

Fax order form to +44 (0) 20 7878 6885 OR register online at www.C5-Online.com/TradeDefence

@C5Live #C5ITAR


The New Reform:

Under State and Commerce 25 – 26 September 2014 • Amsterdam Marriott Hotel • Netherlands th

th

Priority Service Code

618X15.E

5

Business Information In A Global Context

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ADMINISTRATIVE DETAILS Date: 25th – 26th September, 2014 Time: 8:00 – 17:00

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US Defence Trade Controls