BRIEFINGS

In August 2009, the European Union implemented changes to its dual-use export control regime for the first time in a decade.   These significant reforms will have an impact on the compliance programs of all firms doing business in Europe, as well as U.S. companies that export goods or technology to any of the 27 countries belonging to the EU or ship items through those nations.  Included in the changes are new rules for “brokering services.”   This timely program will provide you with an overview of the changes that became effective with implementation of new Council Regulation No. 428/2009.  It also will offer a brief refresher on the existing EU dual-use regulations and key obligations; a heads up to new WMD and military end-use brokering controls and an explanation of the new controls on non-EU items in transit through the EU.  This briefing was held on Tuesday, November 17, 2009.   Our featured speakers were two experts on EU export controls from the London office of Baker & McKenzie, LLP: Senior Associate Sunny Mann and Associate James Robinson.  You can order a copy of the CD recording of the program and accompanying PowerPoint by clicking Add to Cart below.

One of the most complex and uncertain factors you face as an exporter is obtaining a Commodity Jurisdiction (CJ) ruling from the Directorate of Defense Trade Controls (DDTC) or a Commodity Classification determination from the Bureau of Industry and Security (BIS) through its Commodity Classification Automated Tracking System (CCATS).  When to seek this advice, how to file your request, what information to provide, and how to avoid long delays and problems in the review of your request are key questions you must answer before you start the process.  As the government has stepped up export enforcement, the number of CJs and CCATS being submitted has soared.  In 2010, DDTC handled 989 CJ requests compared to 367 in 2006.  BIS reviewed 7,360 CCATS requests.  This timely audio-conference briefing will provide you will detailed information and insights into the CJ and CCATS process, what you must know before you file and how to assure the best outcome for your request.  Our speakers are Charles B. Shotwell, Director, Defense Trade Controls Policy in DDTC; Gene Christiansen, senior licensing officer in the BIS Office of National Security and Technology Transfer Controls; and Thomas M. deButts, Partner, Pillsbury Winthrop Shaw Pittman LLP.   To receive CD recording of this briefing and speaker PowerPoints, just click Add to Cart below.

Audits are indispensable for an effective ITAR compliance program, but they can be expensive.  You have to audit your program to be sure you have in place a system that prevents illegal exports and millions in potential fines and sanctions. Yet, you can’t afford to audit to the extent you would like.  This 90-minute audio-conference briefing will provide you with useful insights and practical advice on how to design and execute effective, cost-conscious ITAR audits.  The briefing discusses how to follow-up on audits to ensure that remedial actions are implemented.  Featured Speakers are Bart M. McMillan, partner, Baker & McKenzie LLP (Chicago) and  Mark D. Menefee, of counsel, Baker & McKenzie LLP (Washington).   Click add to cart below to order CD recording and PowerPoint from Program.

Increasingly, U.S. export enforcement cases involve multiple charges of violations of the Export Administration Regulations and U.S. trade sanctions against countries such as Iran, Sudan and Cuba.  Export enforcement officials at BIS, OFAC and Justice say they intend to work together to negotiate global settlements to resolved these multi-jurisdiction cases.  A milestone example was the $9.4 million settlement DHL Express (USA) reached the Bureau of Industry and Security (BIS) and Treasury’s Office of Foreign Assets Control (OFAC).  The lessons that DHL learned from that experience offer valuable insights for all exporters and their legal counsel.  How these settlements are being negotiated, what firms and legal counsel need to know before negotiations start and what to expect from a settlement are vital questions you need to understand when you confront a similar situation. This 90-minute audio-conference briefing will give you a behind-the-scenes view of how DHL negotiated its settlement and what other firms are doing in their global negotiations.  Our expert speakers are James Min, vice president for international trade affairs for DHL Express, and Larry Christensen, a member of the international department in the law firm of Miller & Chevalier.  To order a CD recording of this program and a copy of the slides the speakers used, just click Add to Cart below.  

The key agency in the Pentagon responsible for representing the department on export control issues is the Defense Technology Security Administration (DTSA).  In the last year, DTSA reviewed some 55,000 export applications for items on the U.S. Munitions List (USML) and Commerce Control List (CCL).  It also plays a crucial role in U.S. commodity jurisdiction rulings and regulation writing.  DTSA is now a major player shaping the Obama administration’s export control reform initiative.  Its USXport information technology system will become the single IT system for all future export license applications.  This important audio-conference briefing will give you vital information and insights into DTSA’s place in the Defense Department and the interagency export control process, plus what you need to know when dealing with DTSA on licensing, jurisdiction and policy issues.  Our speakers are: Todd Willis, Division Chief, Dual Use Licensing Division, DTSA; Frederick F. Shaheen, Chief Counsel, Global Trade Controls, The Boeing Company; and Peter Lichtenbaum, Partner, Covington and Burling LLP.  To receive a CD recording of this program and the PowerPoint used by our speakers, just click Add to Cart box below.

In October 2007, the Justice Department launched its National Counter-Proliferation Initiative to increase the detection and prosecution of export control violations.  In the two years since this program started, the number of criminal and civil cases targeting violations of the ITAR, EAR and trade sanctions has jumped sharply.  Often working together as part of a joint task force, federal agents from the FBI, Justice, BIS, ICE, OFAC, State and Defense have prosecuted companies and individuals for illegally exporting goods and technology not only to countries such as Iran, China and Cuba but also to close allies such as Canada, Mexico, Taiwan and Israel.  This one-hour briefing will give you a first-hand view of what, who and how the U.S. government is targeting export violations.  Our featured speakers are Steven W. Pelak, National Coordinator for Export Enforcement at the U.S. Department of Justice, and John T. Masterson Jr., Chief Counsel for Industry and Security in Department of Commerce.  To receive CD recording of the briefing and slides used by speakers, just click Add to Cart below.

On June 15, 2009, the U.S. Court of Appeals for the Seventh Circuit in Chicago issued a landmark ruling in an export control enforcement case.  In its decision in U.S. v. Doli Syarief Pulungan, the court threw out the conviction of man charged with exporting USML riflescopes without a license because the government had failed to prove the scopes met military specifications.  The far-reaching ramifications of this ruling are just beginning to be realized.  The court’s opinion strikes at the heart of the government’s authority to declare which products are “defense articles” and puts new requirements on prosecutors to prove an exported item is subject to controls.  This timely audio-conference briefing will provide you with a unique and thought-provoking examination of this case by three experts in export enforcement and criminal prosecution.  Our speakers are former Assistant Attorney General for National Security J. Patrick Rowan who is now with McGuire Woods, Larry Christensen of Miller & Chevalier and Philip Rhoads of Rhoads & Reed.  The program was held on Sept. 15, 2009.  Order CD recording and PowerPoint from program.

One of the most vexing problems facing international firms is the hiring of foreign and dual nationals who will have access to technology that is subject to U.S. export controls.  Because of differences in how the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) treat foreign and dual nationals, particularly regarding country of origin, firms have to deal with confusing and often conflicting rules and requirements.  This audio-conference briefing explained these complex ITAR and EAR controls, what companies can do to overcome the employment hurdles that arise when hiring foreign nationals and how to navigate the export licensing process successfully so these employees can work with colleagues, customers, suppliers and subcontractors. Our expert featured speakers were Harold Paul Luks, a partner with Luks Cormaney LLP, and Lynn Van Buren, a partner with DLA Piper.  To order a CD recording of this 90-minute program and the accompanying slides used by the speakers, just click Add to Cart below.

The United Kingdom’s recently enacted Bribery Act of 2010 will require you to examine your anticorruption and ethics program to assure compliance with a law that reaches far beyond the UK and touches any firm that does any business in the UK.  This means that even non-UK firms can fall under its extraterritorial scope.  The UK Act will impose criminal penalties not only for the bribery of government and nongovernment officials, but also for a company’s failure to establish adequate procedures to prevent bribery.  This timely audio-conference will give you a detailed analysis of what’s in the new law plus practical advice on how to adjust your current compliance program to meet its complex requirements.  Our two speakers are experts in corporate ethics and antibribery compliance in the U.S. and UK: Barry M. Sabin, Partner, Washington, DC, Office of Latham & Watkins, and Daniel Smith, Senior Associate, London Office, Latham & Watkins. To order a CD recording of this program and speakers' slides, just click Add to Cart below.

After much controversy, the final BIS China Rule was published on June 19, 2007.  Now export compliance managers have to put aside theoretical arguments and get down to the brass tacks on implementing the new regulations, revising existing export management programs and training sales, engineering and fellow export compliance staff on the new requirements.  This timely audio-conference briefing featured Michael D. Turner, Senior Advisor, MK Technology LLC and former Director, BIS Office of Export Enforcement; Carol A. Kalinoski, Carol A. Kalinoski & Associates and former Director, BIS Operating Committee; and Donald Alford Weadon Jr. of Weadon & Associates.  These experts on export enforcement and China trade will get you started on the steps you need to take to make sure your exports to China aren't interrupted and your firm doesn't face costly penalties for violating the new China rule.  Available at discount price of $75.