12th Advanced Forum on Import Compliance & Enforcement - WEB by C5Group

Pre-Conference UFLPA and CBP Audit Workshops!

EARN CLE CREDITS

12th Advanced Forum on

Import Compliance & Enforcement November 7–8, 2023 • Washington Marriott Capitol Hill • Washington, D.C. BENCHMARK WITH TRADE, LEGAL AND COMPLIANCE LEADERS FROM: GOVERNMENT FACULTY INCLUDES: John Leonard Deputy Executive Assistant Commissioner, Office of Trade U.S. Customs and Border Protection Tasha Hippolyte Deputy Assistant Secretary, Trade Policy U.S. Department of Homeland Security Brian Hoxie Director, Forced Labor Division, Office of Trade U.S. Customs and Border Protection Garrett Wright Director, Trade Modernization U.S. Customs and Border Protection Dax Terrill Branch Chief, Exclusion Order Enforcement U.S. Customs and Border Protection

• Microsoft

• Volvo Cars

• Flexport

• DHL Americas

• Medtronic

• Allegion

• Northrop Grumman

• FedEx Logistics

• The Walt Disney Company

• Polaris

• A.N. Deringer

• International Bridge

• Blue Tiger International • The Home Depot

DON’T MISS FORWARD LOOKING, PRACTICAL DISCUSSIONS, INCLUDING: CHEVRON-RIGHT UFLPA in Practice: Supply Chain Tracing, Detentions and What it Really Takes to Get Your Products Released CHEVRON-RIGHT Dovetailing Global Forced Labor Requirements: Integrating a Jurisdictional Mix of Forced Labor Rules into an Effective Import Compliance Program CHEVRON-RIGHT Avoiding Incoterm Pitfalls: Navigating Risks, Ensuring Clarity, and Optimizing Contractual Trade Relations CHEVRON-RIGHT Government Procurement Country of Origin Requirements: DFARS Changes, Waivers and Content Conditions CHEVRON-RIGHT Classification, Valuation and More Country of Origin Determinations: Duty Savings, The Fallback Method, and AI in HTS CHEVRON-RIGHT Plus! CASE STUDIES: The Presumption of Forced Labor-and How to Rebut It Supporting Sponsors

AmericanConference.com/Import-Compliance-Enforcement • 888 224 2480

Associate Sponsor

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Expert Faculty GOVERNMENT FACULTY John Leonard Deputy Executive Assistant Commissioner, Office of Trade U.S. Customs and Border Protection Tasha Hippolyte Deputy Assistant Secretary, Trade Policy U.S. Department of Homeland Security Brian Hoxie Director, Forced Labor Division, Office of Trade U.S. Customs and Border Protection Jake Parker Economic Professional Staff Member, House Select Committee On China U.S. House of Representatives Dax Terrill Branch Chief, Exclusion Order Enforcement U.S. Customs and Border Protection Alaina Van Horn Chief, IP Enforcement Branch U.S. Customs and Border Protection Alexandra Whittaker Democratic Chief Trade Counsel; Staff Director Trade Subcommittee, House Committee on Ways and Means U.S. House of Representatives Garrett Wright Director, Trade Modernization U.S. Customs and Border Protection CO-CHAIRS: Cindy Allen Chief Executive Officer and Managing Director, Trade Force Multiplier LLC Member, COAC – CBP Commercial Operations Advisory Committee Ted Murphy Partner Sidley Austin LLP

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KEY INSIGHTS FROM: Brooks Allen Counsel Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates Carol Anderson Senior Corporate Counsel – Global Trade Microsoft Shara Aranoff Partner Covington & Burling LLP Rob Atkinson President Information Technology and Innovation Foundation (ITIF) Jean-Rene Broussard Associate General Counsel – U.S. Regulatory Legal Department DHL Americas Theresa Campobasso Senior Vice President of Strategy, Government Solutions Exiger Nicole Bivens Collinson President, International Trade & Government Relations Sandler, Travis, & Rosenberg, P.A. Thomas Cook Managing Director Blue Tiger International Brandon Daniels Chief Executive Officer Exiger Darlene Enlow Head of Global Governance & Process Volvo Cars John Foote Partner Kelley Drye & Warren LLP Megan M. Giblin Senior Director, Customs and Trade Facilitation United States Council for International Business (USCIB) Aaron Gothelf Principal Counsel – Global Trade The Walt Disney Company

Tom Gould Vice President, Global Customs and Trade, Flexport Member, COAC – CBP Commercial Operations Advisory Committee

John Pickel Senior Director of International Supply Chain Policy National Foreign Trade Council (NFTC)

Shoshana Grove Chief Executive Officer International Bridge

Kelly Raia Chief Operating Officer Blue Tiger International

Kelly Guzman Director, Trade Compliance Allegion

Joel Rogers Associate General Counsel, International, Supply Chain & Regulatory The Home Depot

Kelly Herman Corporate Counsel Export Import Northrop Grumman Tammy Hetrick Senior Trade Advisor A.N. Deringer Anne Marie Lacourse Global Trade Industry Advisor Sayari Tirzah Lollar Partner Arnold & Porter Kaye Scholer LLP Richard A. Mojica Member Miller & Chevalier Chartered Nithya Nagarajan Partner Husch Blackwell LLP Beth Neitzel Partner, Foley Hoag LLP Former Senior Counselor to the Secretary, U.S. Department of Homeland Security Cindy Owens Vice President, Legal, Trade Counsel Polaris Inc. Jeremy Page Partner Page-Fura, P.C. Erika Peters Senior Vice President, Global Head of Innovation and Operations Exiger

Richard B. Roper Partner Holland & Knight LLP Su Kohn Ross Partner Mitchell Silberberg & Knupp LLP David P. Sanders Partner Cassidy Levy Kent Neena Shenai Senior Legal Director & Chief Counsel for Global Trade Medtronic Patrick Togni Partner King & Spalding Olga Torres Managing Member Torres Trade Law, PLLC George Tuttle, III Trade Attorney Tuttle Law Offices Kathryn Wilkins Vice President Alliance Operating Services Trade Co-Chair COAC – CBP Commercial Operations Advisory Committee Richard M. Wortman Partner Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Lian Yang Partner Alston & Bird LLP

Pre-Conference Workshops: MONDAY, NOVEMBER 6, 2023 9:00 a.m.–12:30 p.m. (Registration opens at 8:30 a.m.)

Nitty Gritty of UFLPA Compliance: Due Diligence, Supply A The Chain Tracing and Compliance Programs from A to Z microphone-alt Tammy Hetrick, Senior Trade Advisor, A .N. Deringer Su Kohn Ross, Partner, M itchell Silberberg & Knupp LLP

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

Guide to Managing a CBP Audit from Start to Finish: B AA Practical Deep Dive Amid a Surge in CBP Audits, Detainment and Seizure of Goods

microphone-alt Patrick Togni, Partner, K ing & Spalding LLP

Thomas Cook, Managing Director, Blue Tiger International

Kelly Raia, Chief Operating Officer, B lue Tiger International

Theresa Campobasso, S enior Vice President of Strategy, Government Solutions, E xiger

Aaron Gothelf, Principal Counsel – Global Trade, The Walt Disney Company

Where does industry grasp of the UFLPA stand? What can importers expect around enforcement headed into 2024? Through in-depth discussion and hypothetical scenario planning, this workshop will give you the best chance to benchmark your UFLPA compliance program against your trade compliance peers and will offer you a chance to question the experts in a smallergroup workshop setting. Topics will include: • Supply chain tracing information • Evidence pertaining to merchandise or any component thereof • Evidence pertaining to miner, producer, or manufacturer • Requesting an exception to the rebuttable presumption » Due diligence system information » Supply chain tracing information » Supply chain management measures • Ramped-up enforcement: The nuts and bolts of responding to CBP audits and wider U.S. government engagement efforts » Increased focus on auto and aluminum sectors

» The UFLPA Region Alert: Increasing detection and enforcement mechanisms used by CBP to more actively enforce the rebuttable presumption » U.S./Japan task force promoting international labor standards in supply chains » Expansion of CTPAT and other voluntary supply chain compliance programs • Understanding forced labor related revisions for both CTPAT Security and CTPAT Trade Compliance • Hypothetical UFLPA compliance scenarios

• Audit Notice and Process » CBP questionnaires eliciting information about internal procedures » CBP entry conference to discuss audit purpose, scope and duration  Estimating audit duration  Types of taxes and transactions to be examined  Auditing specific focus areas 0 Tariff classification 0 Valuation 0 Country of Origin » Filing a Prior Disclosure (PD) to obtain legal protection if penalties are found at commencement of audit • Focused Assessment Audits » Pre-Assessment Survey (PAS) » Sufficiency of internal controls through review of entry records » Review of select ledger accounts and foreign vendor payments » Drafting the results and assessment of conclusions

AmericanConference.com/Import-Compliance-Enforcement • 888 224 2480

• Assessment Compliance Audits » Identifying areas of non-compliance risk and audit sampling » Reevaluating compliance of each control sample » Calculating loss of revenue » Obtaining a “ruling” from CBP regarding the admissibility of your goods • Quick Response Audits » Interviews and walkthroughs of selected customs entries to understand the import process » CBP reports with their determination of areas with acceptable/unacceptable transaction risk • Audit Surveys » Quickly and efficiently obtaining onsite information about import activities relative to a specific trade area or issue » Issuing of a final audit report » No determination of acceptable/unacceptable transaction risk or level of compliance • CBP Audit Closing Conferences » If found non-compliant, creating a plan outlining corrective measure to increase compliance

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Main Conference Day One: TUESDAY, NOVEMBER 7, 2023 7:30

John Foote, Partner, K elley Drye & Warren LLP

Registration and Continental Breakfast

Brandon Daniels, Chief Executive Officer, E xiger

8:45

Co-Chairs’ Opening Remarks

Erika Peters, S enior Vice President, Global Head of Innovation and Operations, E xiger

Member, COAC – CBP Commercial Operations Advisory Committee

How do multinational importers navigate compliance around a complicated landscape of forced labor laws? This panel will explore critical topics, including:

Ted Murphy, P artner, S idley Austin LLP

• Understanding the differences in the expectations of U.S. vs. foreign authorities

microphone-alt Cindy Allen, Chief Executive Officer and Managing Director, Trade Force Multiplier LLC;

9:00

FIRESIDE CHAT microphone-alt John Leonard, Deputy Executive Assistant Commissioner, Office of Trade, U.S. Customs and Border Protection

Moderator: Ted Murphy, Partner, Sidley Austin LLP 9:30

21st CENTURY CUSTOMS FRAMEWORK OUTLOOK

An Update on CBPs 21st Century Customs Framework (21CCF) microphone-alt Garrett Wright, Director, Trade Modernization, U.S. Customs and Border Protection Megan M. Giblin, Senior Director, Customs and Trade Facilitation, United States Council for International Business (USCIB) Shoshana Grove, Chief Executive Officer, I nternational Bridge Kathryn Wilkins, Vice President, A lliance Operating Services rade Co-Chair, COAC – CBP Commercial Operations Advisory Committee T Government and industry come together for this session that will provide an outlook on what’s coming down the pike around the progress of government and industry 21CCF efforts to simplify, secure, and enhance 21st century trade. 10:30

Extended Networking Break

11:00

THE FUTURE OF FORCED LABOR ENFORCEMENT

Dovetailing Global Forced Labor Requirements: Integrating a Jurisdictional Mix of Rules for an Effective Import Compliance Program microphone-alt Brian Hoxie, D irector, Forced Labor Division, Office of Trade,

• Varying levels of enforcement around the globe and the impact on your overall risk assessment and compliance program • Gathering necessary resources for improvements to automation and system capabilities to keep pace with evolving regulations • Practical tools: » Improving internal communication protocols around what documents are needed for audit purposes » Engaging suppliers: The need to balance the need for information versus interest in preserving relationships » 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)

Tasks

12:00

UFLPA AND THE FORCED LABOR PRESUMPTION: HYPOTHETICAL SCENARIOS

A Closer Look at the Presumption of Forced Labor and How to Rebut It: An Updated Blueprint to Resolving the Most Complex, High Stakes UFLPA Dilemmas

microphone-alt Aaron Gothelf, Principal Counsel – Global Trade, The Walt Disney Company Darlene Enlow, Head of Global Governance & Process, Volvo Cars Richard A. Mojica, Member, Miller & Chevalier Chartered Anne Marie Lacourse, Global Trade Industry Advisor, Sayari Building on the pre-conference workshop, this interactive session will zero in on the most pressing challenges and how to resolve them in real-life. Topics will include: • How to prepare: Missteps that can make all the difference between a shipment being delayed instead of on time. • Supply chain management measures

U.S. Customs and Border Protection

• Exception request preparations

Nicole Bivens Collinson, President, International Trade & Government Relations, Sandler, Travis, & Rosenberg, P.A.

• Hypothetical UFLPA rebutting presumption scenarios

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• Due diligence guidance for demonstrating that goods were not produced in whole or in part in the XUAR region

1:00

Networking Luncheon

4:15

Networking Break

2:15

THE FUTURE OF US-CHINA TRADE RELATIONS

4:30

GOVERNMENT PROCUREMENT AND COUNTRY OF ORIGIN ISSUES

Insights into the Present and Future of U.S.-China Trade Relations and Tariffs microphone-alt John Pickel, Senior Director of International Supply Chain Policy, National Foreign Trade Council (NFTC)

BAA, TAA, IRA, CHIPS Act and More! An Overview of the Most Significant Country of Origin (COO) Requirements microphone-alt Neena Shenai, S enior Legal Director & Chief Counsel for Global Trade, Medtronic Richard M. Wortman, Partner, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Jake Parker, E conomic Professional Staff Member, House Select Committee On China, U.S. House of Representatives MODERATOR: Alaina Van Horn, Chief, IP Enforcement Branch, U .S. Customs and Border Protection • Assessing egulatory enforcement activity around China sanctions and export controls due to the war and China’s East-Asia posturing-and the impact on customs compliance efforts • China tariffs outlook: Current litigation status, likelihood of success and next steps • How the tangled sanctions landscape is impacting trade with China • The evolution of industry sanctions compliance programs

Tasks

3:15

INCOTERMS IN PRACTICE: CASE STUDIES, HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING

Avoiding Incoterm Pitfalls to Achieve Seamless Global Sourcing: Navigating Risks, Ensuring Clarity, and Optimizing Contractual Trade Relations

microphone-alt Tom Gould, Vice President, Global Customs and Trade, F lexport;

Member, COAC – CBP Commercial Operations Advisory Committee Thomas Cook, Managing Director, Blue Tiger International

George Tuttle, III, T rade Attorney, T uttle Law Offices This session explores the top pitfalls to avoid when applying confusing and often contradictory Incoterm trade rules. • Avert ambiguity: Avoid disputes between buyers and sellers over the responsibilities and obligations outlined in the agreement. » CASE STUDY: A food import sale to China • Understand coverage: Addressing other aspects of the transaction beyond delivery of goods, such as the payment of goods, warranties, and intellectual property rights. » HYPOTHETICAL SCENARIO: Passage of title • Avoid outdated provisions: Changes in transportation and logistics practices, as well as other commercial developments • Understand non-binding and non-application references in U.S. law » CASE STUDY: Electronics import from Kobe, Japan to San Diego • Understand lack of uniformity: Interpretation and application of terms can vary between countries and regions, leading to potential misunderstandings and disputes. » HYPOTHETICAL SCENARIO: Interpreting USA versus EU

Carol Anderson, Senior Corporate Counsel – Global Trade, Microsoft • Common misconceptions around procurement waivers • Recent DFARS regulatory changes on prohibited sources and the Xinjiang Uyghur Autonomous Region • Buy America requirements in government subsidies (IRA and CHIPS) • Content versus origin: Which one applies? • Key compliance concerns: Changing suppliers, not knowing which program applies, training procurement staff 5:15

Close of Day One

SUPPORTING SPONSOR: Exiger’s award-winning, purpose-built technology platform, 1Exiger, is the only open-source, third-party and supply chain management software that helps companies and government agencies achieve cost savings, resilience, and compliance in real time. Created and launched in collaboration with our 550+ customers, the platform makes supply chain management simple, intuitive and accessible. The 1Exiger user experience is housed in an integrated suite that is scalable and secure. Using our powerful AI technology, you can uncover risks and reveal insights that enable confident decision-making.

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Main Conference Day Two: WEDNESDAY, NOVEMBER 8, 2023 7:30

Registration and Continental Breakfast

8:45

Co-Chairs’ Opening Remarks microphone-alt Cindy Allen, Chief Executive Officer and Managing Director, Trade Force Multiplier LLC;

10:45

microphone-alt Tasha Hippolyte, Deputy Assistant Secretary, Trade Policy, U.S. Department of Homeland Security

Member, C OAC – CBP Commercial Operations Advisory Committee

MODERATOR: Beth Neitzel, P artner, F oley Hoag LLP Former Senior Counselor to the Secretary, U.S. Department of Homeland Security

Ted Murphy, P artner, S idley Austin LLP 9:00

CONGRESSIONAL TRADE AGENDA

Customs Modernization: What is Congress’ Role in Trade Policy? The Future of GSP, MTB, AGOA and Other Programs

Classification, Valuation and Country of Origin Determinations: Duty Savings, The Fallback Method, and AI in HTS microphone-alt Kelly Herman, Corporate Counsel Export Import, Northrop Grumman

AUDIENCE POLLING AND HYPOTHETICALS

Import Compliance Best Practices and Lessons Learned

microphone-alt Kelly Herman, Corporate Counsel Export Import, Northrop Grumman Jean-Rene Broussard, A ssociate General Counsel – U.S. Regulatory Legal Department, DHL Americas

Subcommittee, House Committee on Ways and Means, U .S. House of Representatives HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING

11:15

Tasks

microphone-alt Alexandra Whittaker, D emocratic Chief Trade Counsel; Staff Director Trade 9:30

FLETF FIRESIDE CHAT

FLETF and the UFLPA: Looking at Industry Cooperation and Inter-Agency Coordination One Year Back, One Year Forward

During this session, speakers share their most recent compliance challenges and how they resolved them. This discussion will engage both the speakers and the audience, so please bring your questions! 12:00

Networking Luncheon

1:15

INTERVIEW

Kelly Guzman, D irector, Trade Compliance, Allegion

TSA’s NEW Cargo Certified Screening Program (CCSP) Program

Joel Rogers, Associate General Counsel, International, Supply Chain & Regulatory, The Home Depot

1:45

AD/CVD ENFORCEMENT

David P. Sanders, Partner, C assidy Levy Kent • Country of Origin » Eliminating duties through origin changes (232, 301, etc.) » XUAR reporting obligations (made in or made with Chinese components)

mproving Enforcement and Administration of Trade Remedies: Commerce’s Proposed Regulations and Updates on Section 201, 232 and 301 Proceedings microphone-alt Cindy Owens, Vice President, Legal, Trade Counsel, Polaris Inc. Lian Yang, Partner, Alston & Bird LLP

» Working with your supplier to get the origin information you need

Nithya Nagarajan, Partner, H usch Blackwell LLP

• Valuation » Best practices: four-way matching in post-entry reviews » Is it an assist? » Proper application of the fallback method • Classification » Chapter 98 classifications (which one to use, how to document) » Trust but verify (do you have all the information you need to classify) » Using AI in tariff classification 10:30

Networking Break

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The U.S. Department of Commerce (Commerce) proposes to amend its regulations to enhance, improve and strengthen its enforcement of trade remedies through the administration of antidumping duty (AD) and countervailing duty (CVD) laws. In this proposed rule, Commerce would revise many of its procedures, codify many areas of its practice, and enhance certain areas of its methodologies and analyses to address price and cost distortions in different capacities. During this session, learn more about the status of this new development and Section 201 and 232 litigation, as well as the impact of the Section 301 tariffs and EAPA investigations. 2:30

Networking Break

2:45

TRADE-RELATED FALSE CLAIMS ACTS

FCA Cases Involving Customs Violations: Case-to-Case Variations and Common Missteps Leading to Penalties

3:30

SECTION 337/ITC UPDATE PROPOSALS

China, Section 337, and Mitigating Unfair Trade Practices microphone-alt Dax Terrill, Branch Chief, Exclusion Order Enforcement, U.S. Customs and Border Protection

microphone-alt Jeremy Page, Partner, Page-Fura, P.C. Tirzah Lollar, Partner, A rnold & Porter LLP

Rob Atkinson, President, Information Technology and Innovation Foundation (ITIF)

Olga Torres, Managing Member, Torres Trade Law, PLLC

MODERATOR: Alaina Van Horn, Chief, IP Enforcement Branch, U .S. Customs and Border Protection

Shara Aranoff, Partner, C ovington & Burling LLP Richard B. Roper, Partner, H olland & Knight LLP On February 7, 2023, the U.S. Department of Justice announced that settlements and judgements under the False Claims Act (“FCA”) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest number of settlements and judgments for any given year in FCA history. How can importers avoid costly FCA penalties and build risk mitigation measures into their existing import compliance programs? • HTS classification pitfalls • Internal protocols around whistleblowers • Private party trade enforcement dynamics • “Reverse false” claims • Anticipated increased enforcement dynamics • For companies aware of potential customs or other trade violations, what are the potential benefits of submitting voluntary disclosures to the government?

Over the past decade, there have been several proposed revisions to Section 337, or the ITC more generally, to address alleged non-practicing entity abuse of the ITC or alleged unfair trade practices implemented by China. • Needed updates around forced technology transfers, closed domestic markets, subsidies, and other unfair China trade practice • Section 337’s critical “injury” standard: Should it be removed? • Legal standard reductions for winning cases against non-market, non-rule of law economies » “Rebuttable presumption” being applied to unfair trade practices from non-market, non-ruleof-law countries: Shift burden of proof to Chinese firms facing a 337 exclusion order 4:15

End of Conference

UPCOMING EVENTS

16 – 17 November, 2023 • London

December 13 – 14, 2023 • New York

AmericanConference.com/Import-Compliance-Enforcement • 888 224 2480

January 30 – 31, 2024 • Toronto

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