Passport to Proficiency on the ITAR (2023) - WEB

ITAR

CALENDAR-ALT October 17 – November 9, 2023

VIRTUAL SERIES

A Four-Week Deep Dive into Highly Technical, Complex Requirements in the International Traffic in Arms Regulations

The Latest Guidance on ITAR Open General Licensing from:

Passport to Proficiency on the Practical Learning with Leading Exporters:

ą Honeywell

ą Oracle

ą Lockheed Martin

ą Northrop Grumman

ą Leidos

Damon Smith Foreign Affairs Officer Directorate of Defense Trade Controls

Your One-Month Passport to ITAR Proficiency:

CALENDAR-ALT Four weeks, Two sessions weekly cogs Five in-depth modules

clock 28 hours of professional development

PENCIL-ALT Four hands-on, practical sessions with case studies and hypotheticals

video Eight session recordings for future reference

(DDTC)

lightbulb Build your “Brain Trust”, sounding board and global network

File-Alt Substantive resource materials for your daily work

Certificate of completion + CLE credits

globe Schedule permits attendance in all time zones

Take a Deep Dive to Master the Essentials

ACI’s highly anticipated Proficiency Series provides true immersion in the ITAR with the objective of becoming proficient in four weeks.

Your Building Blocks for ITAR Proficiency

WEEK 1

October 17 & 19

WEEK 2

October 24 & 26

WEEK 3

October 31 &

November 2

WEEK 4:

November 7 & 9

The

Review

True Professional Development for Success on the Job

Your Blueprint to Proficiency: Immersive and Practical

y Interactive format that encourages dialogue with attendees and speakers

y Convenient and easy to follow: Fits around your schedule, two times per week in easy to follow blocks focused on what you really need for your work

Real Life, Not Textbook

y Expert speakers will take you through concrete experiences and “war stories”

y Actionable takeaways for your work: Sharpen your knowledge and skills for success on the job

Connect: Build Your Network and "Brain Trust"

y Build Your “Brain Trust” by connecting with like-minded professionals

y Develop your sounding board and global network of community peers

y Access a highly respected, diverse faculty with verified subject-matter expertise and track records

y Join dedicated Q&A sessions with expert faculty

Media Partners:

PART I: Compliance Roadmap & Classification

PART I: Foreign, Dual & Third Country Nationals, and Technology Transfers

PART I: Licensing Requirements, Agreements and Exemptions

Core Elements of an Effective ITAR Compliance Program, Due Diligence and Supply Chain Management

PART II: The “How To” of ITAR Classification

PART II: Foreign, Dual & Third Country Nationals, and Technology Transfers

PART II: Licensing Requirements, Agreements and Exemptions

of Proficiency Assignment and Q&A

EXPERT INSTRUCTORS

Government Faculty:

Damon Smith

Foreign Affairs Officer

Directorate of Defense Trade Controls (DDTC)

Learn from Expert Instructors with Verified Subject-Matter Expertise and Proven Track Records:

Michael Mellen

Director, International Trade Compliance Sikorsky, a Lockheed Martin Company

Andrew K. McAllister Partner Holland & Knight LLP

D. Grayson Yeargin Partner

Jones Day

Brent Missimer Corporate International Trade Compliance Attorney Leidos

Chris Stagg Counsel

Miller & Chevalier Chartered

Iliyana (Hristev) Dwivedi Senior Director, Global Export Compliance Oracle

Christopher H. Skinner Partner

Williams Mullen

Alexis Farris Wetzler Assistant General Counsel, Export Compliance Honeywell

Real-Life Benefits of Attending:

Jahna Hartwig

Senior Counsel

Wilson Sonsini Goodrich & Rosati PC

Kelly McCorkle

Senior Trade Advisor Schulz Trade Law PLLC

Darren Riley Partner

Riley Trade Law PLLC

Kimberly A. Strosnider Partner

Covington & Burling LLP

Denise Lester Manager, International Trade Compliance Northrop Grumman

Olga Torres

Founder and Managing Member Torres Trade Law, LLC

Jack Hayes Of Counsel

Steptoe & Johnson LLP

Compliance Roadmap & Classification

Calendar-alt Tuesday, October 17, 2023  Clock 1:00 p.m.–4:30 p.m. (ET)

Michael Mellen

Andrew K. McAllister Partner Holland &

D. Grayson Yeargin Partner Jones Day

Your U.S. Export Controls Roadmap: A Review of Key Concepts, Agencies, Their Jurisdictions and Roles — and Who to Contact for What

As a primer for the day ahead, speakers will review key agencies for ITAR and other export-controlled goods and technologies, their roles, and key tips for staying on their “good sides.”

• Jurisdiction: ITAR vs. EAR

• What is covered by the U.S. Munitions List (USML)

• BIS, DDTC, DTSA, OFAC, DOJ, and HSI: Which agency does what?

• What is an "export" and "re-export"?

The Essentials of Classification for "Defense Articles", "Technical Data" and "Defense Services": Key Pitfalls and Lessons Learned

• Identifying when foreign commercial products and technology can become ITAR-controlled

• Considerations for classification of sensitive technologies that are not on the USML

I. Defense Articles

• Definition of “defense articles”

• Clarifying ITAR application to commercial and “dual-use” items

• How original design intent, government funding, specifications, underlying technology, and intended market can affect jurisdiction

II. Technical Data

• Defining “technical data” and “export” of technical data under the ITAR

• Determining whether technical data is in the “public domain” under 120.11

• Identifying whether technical data is ITAR-controlled

III. Defense Services

• What are “defense services” under the ITAR? Common examples and pitfalls to avoid

• How the broad definition of “defense services” affects commercial business

• Definition of “public domain” and of ITAR’s “See Through” rule

• Integrating commercial and defense technologies

• Recent DDTC guidance on how to control technical data

• Reducing the risk of technical data export violations

• Complying with restrictions governing “technical” discussions

• How U.S. persons can engage in ITAR-controlled “defense services” by simply providing public domain information

• How “defense services” can cover technical data related to ITAR-controlled items

ITAR Parts 120 & 121: The “Specially Designed” Definition: Where Exporters Have Gone Right and Wrong in Determining ITAR Jurisdiction

• What is the “specially designed or modified” reach of the ITAR?

• What are the qualifiers for a “specially designed” designation?

• A review of the most common mistakes by industry when making this determination

• The do’s and don’ts for self-classifying items as “specially designed”

• How to ensure adequate documentation to support your position

Director, International Trade Compliance Sikorsky, a Lockheed Martin Company

Knight LLP

WEEK 1 MODULE 1 | PART 2

The “How To” of ITAR Classification

Calendar-alt Thursday, October 19, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Brent Missimer Corporate International Trade Compliance Attorney Leidos

Chris Stagg Counsel Miller & Chevalier Chartered

Classification/Re-Classification in Practice: A Step-by-Step Guide to Structuring Your Classification Approach, and the Most Common Missteps to Avoid

• The fundamental importance of jurisdiction and classification

• Ensuring self-classification follows a proper analysis through the order of review and uses essential sources

• What is the approach to take for self-classification, compared with writing a Commodity Jurisdiction (CJ) request?

• Handling situations where an item meets the control criteria of multiple entries by determining the correct classification

• Understand how to approach self-classifications for hardware, technical data, software, and services

• How do companies design and maintain jurisdiction and classification systems (e.g., creating databases to store the classifications, creating bucket classification groups)?

• How to create defendable self-classification assessments, especially when it is determined the item is not subject to the ITAR

• The use of engineers and other subject-matter experts to perform selfclassifications

• What to do if there is an error in self-classification? Does it mean there is a violation?

• ITAR jurisdiction and classification issues concerning foreign made products

• Addressing the ITAR see-thru rule and other important rules

• Relying on supplier and manufacturer self-classifications

• When to revisit previous self-classifications

ITAR Sections 120.3 and 120.4 – When to Use the Commodity Jurisdiction Process, and How to Draft a CJ Request

Through a review of best practices and common pitfalls, you will gain comprehensive guidance for preparing CJ requests- and deciding when to file a CJ instead of conducting a self-determination. You will also benefit from insight on how DDTC and DTSA review CJ requests, and recent trends in jurisdictional determinations..

• Preparing a CJ request: What you need to submit, what supporting material to include and other key elements

• DDTC Guidelines for preparing CJ requests: What the State Department expects

• Who should prepare CJ requests and when

• Key factors affecting CJ determinations: Recent trends in rulings and lessons learned

Hypothetical Exercises, Q&A and Review

• How to interpret CJ determinations, and what you can do with them

• The consequences of filing a CJ determination: Pre-filing, while awaiting a decision, and afterwards

• Strategic uses of the commodity jurisdiction procedure

• Alternatives to using the commodity jurisdiction process

Toward solidifying your understanding of this session, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

WEEK 2 MODULE 2 | PART 1

Foreign, Dual and Third Country Nationals, and Technology Transfers

Calendar-alt Tuesday, October 24, 2023  Clock 1:00 p.m.–4:30 p.m. (ET)

Iliyana (Hristev) Dwivedi Senior Director, Global Export Compliance Oracle

Christopher H. Skinner Partner Williams Mullen

ITAR Sections 120.10, 120.17, 124.1, 125.2, 125.3 and 126.18 – How to Comply with Foreign, Dual and Third Country National Rules

• How DDTC defines “foreign national”, “dual national”, “third country national”, “U.S. person” and “access”: Impact of dual and third country national requirements under 126.18, and available exemptions

• How the ITAR addresses the sharing of technology with foreign persons inside and outside the U.S.

• Screening and interviewing foreign nationals without discriminating on the basis of national origin: Reconciling the ITAR with EU, Australian and Canadian human rights and privacy laws

Technology Transfers Under the ITAR

• How to define “technology transfer”

• Special considerations for IT access: Key ITAR risks associated with your networks, servers, cloud applications, mobile devices and social media activity

Hypothetical Exercises, Q&A and Review

• Incorporating export controls language into your offer letters, employment agreements and using non-disclosure agreements (NDAs)

• Assigning foreign persons to ITAR sensitive areas: Avoiding deemed export/re-export violations, and to how to badge non-U.S. persons

• Flagging R&D and engineering that can pose ITAR compliance risks

• Examples of technology transfers in the cloud, on social media and via email

Toward solidifying your understanding of this session, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

I had fun and it was nice to engage with others in the field who are having similar challenges. It was a great session. I plan to dial in to future sessions.

Director – International Trade Compliance, Gulfstream Aerospace Corporation

WEEK 2 MODULE 2 | PART 2

Foreign, Dual & Third Country Nationals, and Technology Transfers

Calendar-alt Thursday, October 26, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Alexis Farris Wetzler Assistant General Counsel, Export Compliance Honeywell

Jahna Hartwig Senior Counsel Wilson Sonsini Goodrich & Rosati PC

A Deep Dive into Required Technology Controls: Managing Visitor and IT Access to ITAR-Controlled Technical Data

• Controlling foreign nationals’ access to ITAR-controlled data: When a password, absolute lockdown and/or email controls are required

• Managing access risks posed by offshore IT support, cloud computing and e-rooms for electronic collaboration

• Protecting U.S. origin data on laptops and servers

• Managing email transfers of technical data: Tracking and marking sensitive communications, and designating emails

• Protecting hardware and servers: When to create separate servers for controlled information and/or partition drives

• Cloud computing do’s and don’ts

• Requirements for recordkeeping, storage, data maintenance, preservation and retrieval procedures

• Working with your IT Department, and conducting reviews of your IT program

• Controlling visitor access to restricted areas and physical access to your facility

Special Considerations for Laptops, E-Mails, Mobile Devices and Employee Travel

• How to use IT security software such as DLP to pull data back onto U.S. servers

• Which countries have import/use restrictions on encryption items?

• Concerns about accessing company networks and downloading while abroad

• Reconciling BIS and ITAR license exemptions

• Practical examples of travel procedures and clean device requirements

Due Diligence of Cloud Service Providers, ITAR-Controlled Data and Your Compliance Plan: How Far You Need to Go

• Key ITAR compliance risks in the cloud

• Traversing considerations for infrastructure as a service (IaaS), Platform as a Service (PaaS), Software as a Service (SaaS)

• Reconciling Commercial vs. Government Cloud

• DFARS, National Institute of Standards & Technology (NIST) 800-171, and U.S. Export Controls

• Practical examples of how companies are navigating compliance with these types of solutions

The Nuts and Bolts of TCPs & TTCPs: Your Step-by-Step Checklist

Through a review of sample TCPs and TTCPs, the speakers will take you through the essentials and address, among other issues:

• How to control access by foreign nationals and other unauthorized persons to controlled data

• How to “right size” compliance for your organization

• Identifying tailored facility concerns for your organization (e.g., screening visitors, requiring sign-in, badges and accompanied hosts, etc.)

Hypothetical Exercises, Q&A and Review

• Best practices for IT controls and network access rights

• Tips for Facility Management and Technology Control Plans

Toward solidifying your understanding of this session, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

WEEK 3 MODULE 3 | PART 1

Licensing Requirements and Exemptions

Calendar-alt Tuesday, October 31, 2023  Clock 1:00 p.m.–4:30 p.m. (ET)

Kelly McCorkle Senior Trade Advisor Schulz Trade Law PLLC

Darren Riley Partner Riley Trade Law PLLC

How to Prepare and Secure an ITAR License, TAA and MLA, and Reduce the Risk of RWAs: A Deep Dive into the Electronic Filing Process, License Application and Supporting Documentation

I. ITAR Licenses: A Deep Dive into Requirements for Securing a DSP-5, DSP-73, or DSP-61 and DSP-85

• When a DSP-5, DSP-73, or DSP-61, DSP-85 is required: The approvals process, how to expedite the process, timeframes and how to reduce the risk of delay

• Ensuring you get hardware and tech data included on a single license

• Returns: Special considerations

• Licenses in furtherance of agreements

• Constructing an accurate scope of export in your license application

II. ITAR Agreements: Demystifying TAAs, MLAs and WDAs

• Overview of the different types of ITAR agreements, what is required, the timeline, and how to reduce the risk of delay

• When and how to get TAAs, TAA Amendments, Re-Baselined TAAS and MLAs

• When to cover foreign nationals under MLAs and TAAs

• Drafting a license application: What to include, how to fill out the forms using DTrade2, and how to submit the application

• When to use a letter of intent to support a license request

• What DDTC expects beyond the written guidelines

• Structuring and valuing license authorizations

• Key reasons for RWA (Returns without Action) or license denials, and how to prevent them

• Degree of information expected by DDTC and DTSA in TAA scope of export and statement of work

• What DDTC and DTSA expect beyond the written guidelines

• Analysis of sample TAAs and MLAs

Hypothetical Exercises, Mock License Applications, Q&A and Review on the Do’s and Don’ts

Toward solidifying your understanding of licensing requirements and exemptions, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

Vice President – Global Trade Compliance, Leonardo DRS

Already the first module was a great opportunity to get to work with seasoned trade compliance professionals in an in-depth discussion of very complex trade compliance subjects with the upcoming generation of trade compliance leaders. The presentations were challenging and the very thought-provoking questions from the audience were even more so. All in all, it was an excellent way to spend an afternoon.

WEEK 3 MODULE 3 | PART 2

Licensing Requirements and Exemptions

Calendar-alt Thursday, November 2, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Damon Smith Foreign Affairs Officer Directorate of Defense Trade Controls (DDTC)

Open General Licenses (OGLs)

• What types of transfers do OGLs No. 1 & No. 2 authorize?

• How to use OGLs No. 1 & No. 2

• How to interpret the requirements of OGLs No. 1 & No. 2

• What you can’t use OGLs No. 1 & No. 2 for

• When a separate DDTC authorization is required for exports by US companies to the ultimate consignees under the OGLs

• When parties using the OGLs must notify all end-users and consignees that the defense articles are subject to US export control laws and regulations and include the destination control statement specified in the ITAR

Brokering Requirements

• Which activities constitute “brokering”? Who is considered a “broker”?

• When and how to register as a broker

• When and how to get brokering approval

• How to comply with reporting requirement

Kimberly A. Strosnider Partner Covington & Burling LLP

• Recordkeeping Requirements:

» How to maintain records of all reexports and retransfers, and identifying the OGL in any export documentation

» Description of the defense article, including technical data and more required records

» When DDTC may request to see your records to verify proper use of the OGLs

• How to interpret and use brokering exemptions

• Best practices for broker agreements and activities

• Monitoring compliance by agents and representatives

The Lengths and Limits of ITAR Exemptions – and the Costs of Getting Them Wrong

• U.S. person abroad/U.S. subsidiary

• U.S. Government exemption

• Canadian exemption

• Return and repair exemption

• Temporary Imports

• FMS exemption

Open Q&A with Faculty and Review of ITAR Licensing & Exemptions

• Re-exports to NATO, Australia or Japan

• UK and Australia ITAR exemptions

• University fundamental research exclusion

Toward solidifying your understanding of licensing requirements and exemptions, the instructors will take you through a series of hypothetical scenarios, sample license applications, and how to put the “rubber to the road.” Ample time will be left for Q&A. As a closing segment, instructors will provide additional clarification and guidance, and take your questions.

ITAR Compliance in Practice: The Core Elements of an Effective Program, Due Diligence and Supply Chain Management

Calendar-alt Tuesday, November 7, 2023  Clock 1:00 p.m.–4:30 p.m. (ET)

Denise Lester Manager, International Trade Compliance Northrop Grumman

Olga Torres Founder and Managing Member Torres Trade Law, LLC

Review of ITAR Enforcement Cases and Practical Takeaways

Jack Hayes Of Counsel Steptoe & Johnson LLP

Experts will take you through the most important compliance lessons learned from key enforcement actions, and how exporters are updating their ITAR compliance programs and supply chain management in response.

The Nuts and Bolts of an ITAR Compliance Program

• Key elements and best practices for effective ITAR compliance

• Identifying and empowering the right internal resources and personnel

• Developing and updating your compliance manual, procedures and processes, including policy statements and message from senior management

• Creating an anonymous reporting tool and compliance hotline

• Ensuring that your program can adapt to new, evolving ITAR compliance risk factors

Third Party Due Diligence and Exporters’ Liability Risks: Supply Chain, End-Use and End-User Screening

• Where the exporter’s responsibility for third party compliance begins and ends

• Vetting third parties, including subcontractors, freight forwarders, distributors, customs brokers, customers, re-sellers and others

• What to look for and ask at the due diligence stage

• Monitoring ITAR compliance of third parties

• Recordkeeping: What documents/information to collect from foreign third parties, and how to review them

• Building an effective end use/end user screening program

• Safeguards to implement for orders and shipments, and when to terminate the relationship because of export enforcement risks

What to Do If You Suspect or Discover an ITAR Violation: Real-World Guidance

• What pushes a case from a DDTC warning letter to a penalty, and what can lead to a criminal prosecution

• Top mistakes to avoid during a government and internal investigation

• Examples of how to strengthen an ITAR compliance program to meet agency expectations

Provides in-depth, practical knowledge and experience that I will be able to take back to improve our processes and program.

Oshkosh Corporation

Review of Proficiency Assignment and Q&A

Calendar-alt Thursday, November 9, 2023 Clock 1:00 p.m.–4:30 p.m. (ET)

Jahna Hartwig Senior Counsel Wilson Sonsini Goodrich & Rosati PC

Chris Stagg Counsel Miller & Chevalier Chartered

In advance of this last unit, participants will complete an assignment on the life cycle of an export. The questions will be based on a case study of an ITAR export transaction from A to Z. During this last session, participants will share their responses to the assignment questions, followed by feedback from the expert instructors. There will also be ample time for additional, extended

HANDSHAKE Virtual Sponsorship Opportunities

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com

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.

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, visit: www.AmericanConference.com/Accreditation/CLE

C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed.

Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.

Book

Register and pay to lock in your early rate and be eligible for a full refund until October 2, 2023. If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

All cancellations and changes must be submitted to CustomerService@AmericanConference.com by October 2, 2023.

register together in one transaction.