10th Annual U.S. Export & Reexport Compliance For Canadian Operations

In Collaboration with:

EXPLORE THE NEW VIRTUAL EXPERIENCE FOR 2021 No Need to Travel. Connect with Your Peers Virtually.

 January 26 – 27, 2021 (EST) | VIRTUAL CONFERENCE

EARN CPD/CLE/CPE CREDITS

10th Annual

U.S. Export & Reexport Compliance FOR CANADIAN OPERATIONS

HEAR DIRECTLY FROM KEY GOVERNMENT OFFICIALS Matthew Borman Deputy Assistant Secretary of Commerce for Export Administration U.S. Department of Commerce

BEST PRACTICES FROM LEADING EXPORTERS, INCLUDING: • CAE

• Rolls Royce Marine

• Cesaroni Technology

• Top Aces

• Irving Shipbuilding

• TransDigm Group

• Lam Research

• Tremco

• Leonardo DRS

Katie Arrington CISO A&S U.S. Department of Defense

Sarah Heidema Director, Office of Defense Trade Controls Policy, Bureau of Political-Military Affairs U.S. Department of State

Shalini Anand Acting Director General, Trade and Export Controls Bureau Global Affairs Canada

As the only comprehensive event for the export and reexport community in Canada, don’t miss new, practical sessions, including:

ĉ

China and EAR 744.21: The latest due diligence best practices for assessing Military Use and End-Use

ĉ ĉ ĉ

The Entity List, Huawei, and The Latest Screening Dos and Don’ts for Canadian Exporters The finer points of applying the FDPR: Special considerations for Canadian manufacturers Cyber Security Audits for DoD Contracts: Avoiding CMMC Program Missteps

NEW, INTERACTIVE LARGE AND SMALLER-GROUP FORMATS: Sponsored by

CanadianInstitute.com/ExportCanada • 888 224 2480

ĉ Connect and compare notes on Export and Reexport Compliance amid COVID-19 ĉ Participate in audience polling and structured breakout sessions ĉ Join practical, pre-conference workshops on January 25th

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2021 Faculty List

Conference Co-Chairs Ken Purchase Senior Director, Global Trade Operations, Office of General Counsel Pratt & Whitney (Canada)

Special Remarks By: Gary Stanley President Global Legal Services, PC (USA)

Tamara Kronis Associate Chair

Ontario Human Rights Tribunal

Key Government Officials Mathew Borman Deputy Assistant Secretary of Commerce for Export Administration U.S. Department of Commerce

Katie Arrington ISO A&S U.S Department of Defense

Sarah Heidema Director, Office of Defense Trade Controls Policy, Bureau of Political-Military Affairs U.S. Department of State

Shalini Anand Acting Director General, Trade and Export Controls Bureau Global Affairs Canada

Cyndee Todgham Cherniak Founder LexSage (Canada)

Maria Kounadis Export Control Manager, Americas CAE (Canada)

Kevin Riddell Director, Trade & Regulatory Compliance, Construction Products Group Tremco (Canada)

Distinguished Faculty Includes: Brooks Allen Counsel Skadden, Arps, Slate, Meagher & Flom LLP (USA) Rich Ashooh Vice President, Global Government Affairs Lam Research (USA)

(Former Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security)

Rich Baldwin Director, International Trade Compliance TransDigm Group (USA)

Gordon Clarke Director, Engineering and Regulatory Controls Cesaroni Technology Inc. (Canada) Debi Davis Vice President-Global Compliance TransDigm Group (USA)

Leda Langberg Legal Advisor, Business Integrity & Compliance Aker Solutions (Norway) Barbara Linney Partner Baker Hostetler (USA)

Maria del-Cerro Partner Crowell & Moring LLP (USA)

Stephen C. Bartenstein Partner Covington & Burling LLP (USA)

Krista Manley Senior Manager, Global Trade Raytheon Technologies

Pierre Gilbert Export Control Officer Rolls Royce Marine (Canada)

Nnedinma Nweke Partner Akin Gump LLP (USA)

John Boscariol Partner McCarthy Tétrault LLP (Canada)

Ajay Gupta Senior Manager, Defence Trade Compliance Irving Shipbuilding (Canada)

Beth Peters Partner Hogan Lovells (USA)

Phillip Cedoz Senior Manager, Global Trade APITech (USA)

Marwa Hassoun Partner Arent Fox LLP (USA)

Joshua L. Richter Senior Director Leonardo DRS Trade Compliance (USA)

2 | #Sanctions

twitter: @CI_Finance @ACI_IntTrade linkedin: ACI: International Trade: Legal, Regulatory and Compliance Professionals

Kate Seaman Director, Security and Trade Compliance Top Aces (Canada) Clifford Sosnow Partner Fasken (Canada) Marie-Hélène Tardif Senior Manager, Export Controls Siemens Energy Canada (Canada) Nancy Wideman Senior Compliance Officer Honeywell (Canada)

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Continuing Professional Development Credits This program can be applied towards 5 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Members will also receive 6 additional CPD credit hours for the attendance at the workshops. Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website. The same number of hours may be applied toward your continuing legal education requirements in British Columbia. The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

EARN CPD CREDITS

Continuing Legal Education Credits 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 for virtual events visit: www.americanconference. com/accreditation-instructions-for-virtual-attendance/

EARN CLE CREDITS

Continuing Professional Education Credits American Conference Institute (ACI) will apply for Continuing Professional Education credits for all conference attendees who request credit. There are no pre-requisites and advance preparation is not required to attend this conference. Course objective: To provide updates on the latest Canada and U.S. Export Control regulations. Prerequisite: None. Level of knowledge: Beginner/ Intermediate. Teaching Method: Virtual Conference. Advanced Preparation: None. Delivery method: Group Live presented online due to COVID-19.

Please refer to the information in this brochure for outline, course content and objectives. Final approval of a course for CPE credits belongs with each states’ regulatory board. Recommended CPE Credit: 15.0 hours (Business Law Category) for the main conference and an additional 4.0 hours for each workshop.

ACI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417 or by visiting the web site: www.learningmarket.org

Pre-Conference Workshops Monday, January 25, 2021 (EST)

Workshop A

clock 10:00am – 1:30pm

A Deep Dive into U.S. and Canadian Export and Reexport Controls: Comparing and Contrasting Classification Under ITAR, EAR, ECL, CGP

Microphone-alt

Rich Baldwin, Director, International Trade Compliance, TransDigm Group (USA)

Marwa Hassoun, Partner, Arent Fox LLP (USA)

Back by popular demand, this session provides comprehensive analysis of the complex interplay between Canadian and U.S. export and reexport controls. This workshop is designed to lay the groundwork for the main conference, serving as a refresher for experienced professionals and as an in-depth introduction for those new to export compliance. Get up to speed on the newest requirements for your business operations and navigate common pitfalls to avoid when developing and implementing a global trade compliance programs.

Topics will include: • Assessing classification differences between the EAR, ITAR, and the Canadian ECL, CPG • The lengths and limits of extra-territorial reach: What triggers the application of U.S. export and reexport controls north of the border • Building a classification-based compliance system • How to calculate de minimis values under the EAR and track items in your supply chain and product base to take full advantage of that provision

Workshop B

• How to engage with U.S. vs. Canadian government agencies • Sharing best practices for documentation retrieval and keeping classifications up-to-date • Examining practical examples and lessons for your organization • Managing disparate treatment of dual and third-country nationals and technology transfers under the ECL, ITAR and EAR • Leveraging your Controlled Goods Program registration or facility security clearance to take advantage of ITAR§ 126.18 exemptions and EAR § 734.20 carve-outs

clock 2:00pm – 5:30pm

Technology Transfers and Export Compliance in Real-Life: A Complete Roadmap to Complying with Cloud Computing, Encryption, Email, Social Media and Foreign National Requirements Speakers include:

Microphone-alt

Clifford Sosnow, Partner, Fasken (Canada)

With increasing digitalization and remote work, there has never been a more critical time to stay on scope of the scope and application of regulations pertaining to the transfer of controlled data and technology. Developing an effective compliance program to manage access to unclassified controlled information by employees, suppliers continue to pose high stakes challenges-with no room for error.

This timely workshop will guide you through key regulatory requirements from BIS, DDTC, and Global Affairs Canada, and how to incorporate them into your export and reexport operations. By attending this workshop, you will gain a complete roadmap for technology classification, storage, cloud computing, record keeping, tracking, monitoring, and employee monitoring.

• Defining technology, “technical data” and “release” of technology • What are your due diligence responsibilities as an exporter or user of the cloud?

• ITAR vs. EAR requirements for controlled data • Who has responsibility for identifying, correcting, and reporting a data transfer compliance issue when it occurs?

• The latest on encryption and cryptocurrency requirements

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• Examining the responsibilities of cloud providers • What should (and shouldn’t) be stored in the cloud?

• Special considerations regarding the use of devices and equipment across jurisdictions • Sharing common pitfalls when using digital communication tools • What corrective steps would help prevent a recurrence of the problem?

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Day One

Tuesday, January 26, 2021 (EST) Opening Remarks from the Conference Co-Chairs 9:15

BIS and DDTC Address Industry in Canada: Key Updates on Compliance Expectations and Enforcement Priorities North of the Border

Microphone-alt Matthew Borman, Deputy Assistant Secretary of Commerce for Export Administration, U.S. Department of Commerce

Sarah Heidema, Director, Office of Defense Trade Controls Policy, Bureau of Political-Military Affairs, U.S. Department of State

• Update on U.S.-China trade controls policy and licensing • Insights on ITAR and EAR changes • Where industry has gone right and wrong on compliance and licensing: Recent trends and missteps to avoid • Insights on recent enforcement actions and priorities involving industry in Canada and lessons learned 10:15

� INTERACTIVE

POLLING

HYPOTHETICAL EXERCISES

CHINA, RUSSIA AND VENEZUELA UNDER EAR 744.21– Military Use/End User Regulations and Due Diligence: How Exporters are Applying New Rules and Licensing Requirements from a Canadian Re-Export Perspective

Microphone-alt Debi Davis, Vice President-Global Compliance, TransDigm Group (USA)

The Biggest Misconceptions about Applying the Foreign Direct Product Rule: When it Does and Does Not Apply to Canadian Manufacturers

Microphone-alt Maria del-Cerro, Partner, Crowell & Moring LLP (USA)

9:00

11:45

Ken Purchase, Senior Director, Global Trade Operations, Office of General Counsel, Pratt & Whitney (Canada)

• Strengthening MEU due diligence to comply with requirements under EAR 744.21 • Analysis of the expanded definition of “military end use” and the impact on licensing and reporting • Complying with tightened restrictions on Canadian reexports involving military end users/ end use in China • Comparing and contrasting industry approaches to MEU compliance • Unpacking complex scenarios: What to do when the end user’s parent organization or affiliate is involved in military end use?

• What are the Canadian licensing requirements?

• Common misconceptions about Canadian licensing requirements and how they differ from those in the U.S. 11:15

1:1 Networking Break

4 | #Sanctions

Kate Seaman, Director, Security and Trade Compliance, Top Aces (Canada)

• Interpreting EAR direct product rule provisions under: » § 736.2 (b)(3) » § 734.4 » §736.2(b) • Understanding what is captured by the rule and the nuances for Canadian operations • Analyzing “controlled content” for de minimis purposes • Practical examples demonstrating when the second incorporation rule applies • Determining when items are the direct product of technology or software under EAR and ITAR • Applying the FDPR: Special considerations for Huawei-related scenarios • Licensing requirements for non-U.S. made items • Know Your Customer best practices (KYC)

2:45 Break

INDUSTRY “WAR STORIES” AND LESSONS LEARNED During this closing three-part segment for the day, participants will benefit from large and smaller-group benchmarking with industry peers. “Compare notes” and take away the latest best practices for your work after the event.

3:00

� INTERACTIVE

POLLING

China, Hong Kong and Iran – The Top 10 Most Critical Economic Sanctions Trends Affecting Exports & Reexports: The Lesser Known Pitfalls to Avoid for 2021

Microphone-alt Kevin Riddell, Director, Trade & Regulatory Compliance, Construction Products Group, Tremco (Canada)

John Boscariol, Partner, McCarthy Tétrault LLP (Canada)

Nnedinma Nweke, Partner, Akin Gump LLP (USA)

• Reconciling U.S. and Canadian sanctions • China and Hong Kong: How to manage the interplay between sanctions and export controls • Secondary Sanctions: the nuances of U.S. and Canadian landscapes • What the rise of smart sanctions means for your screening process in practice • How the XPCC sanctions could impact your supply chains • KYCC: Diversion and third party risk • Forced labour in China: A sanctions issue?

1:15 Break

EXPORT LICENSES & PERMITS

A Guide to Setting your Application up for Success: The Biggest Mistakes to Avoid and Practical Tips on Navigating the Process

Microphone-alt Stephen Bartenstein, Partner, Covington & Burling LLP (USA) • Understanding current guidelines for ITAR and EAR export license applications • Examination of where companies often go wrong on applications and how to avoid the same mistakes • Determining what technical information should be included

twitter: @CI_Finance @ACI_IntTrade linkedin: ACI: International Trade: Legal, Regulatory and Compliance Professionals

Part I: Export and Reexport Compliance amid COVID-19: Candid, Real-Life Takeaways on the Unwritten Compliance Hits and Misses

Microphone-alt Pierre Gilbert, Export Control Officer, Rolls Royce Marine (Canada)

12:30

1:45

• Addressing requests for additional information from U.S. BIS, DDTC and DoD • Practical tips on how to expedite the application process when business depends on it • Overcoming common pain points in the Canadian permit process • Establishing best practices for tracking applications and mitigating issues before they arise

Marie Kounadis, Export Control Manager Americas, CAE (Canada)

• The newest controls for remote work, technology transfers and data protection • Covering your compliance bases: Identifying new risks affecting your export and reexport operations • What it now takes to deliver an effective export and rexport compliance program with finite resources • The latest and greatest in training remote legal, compliance and sales teams 3:45

Part II: Breakout Roundtables for Smaller Group Benchmarking and Discussion

Microphone-alt Ken Purchase, Senior Director, Global Trader Operations, Office of General Counsel, Pratt & Whitney (Canada)

Gary Stanley, President, Global Legal Services, PC (USA)

Building on the previous segment, participants will break out into smaller roundtables to share their own compliance pain points and brainstorm about how to tackle emerging challenges. Each roundtable will collaborate on a key takeaway that will be shared with the whole group during the session that follows.

4:30

+5

Part III: 5 More Things! More Need-to-Know Compliance Takeaways from Industry

Microphone-alt Ajay Gupta, Senior Manager, Defence Trade Compliance, Irving Shipbuilding (Canada)

Kevin Riddell, Director, Trader & Regulatory Compliance, Construction Products Group, Tremco (Canada)

Attendees and faculty will reconvene to reveal their top need-toknow takeaways. Speakers will open-up the virtual floor to address your most pressing questions.

5:00

Day One Concludes

Day Two

Wednesday, January 27, 2021 (EST) 9:10

Opening Remarks from the Conference Co-Chairs 9:15

Focus on Canadian Export Controls and Permit Approvals: What’s New for 2021

Microphone-alt

Shalini Anand, Acting Director General, Trade and Export Controls Bureau, Global Affairs Canada

• Key updates to Canada’s export controls program • New, emerging trends since the implementation of Canada’s brokering rules under Bill C-47: Will the regulations evolve in response?

• What your organization needs to know about Canada’s Export Control List • Permit application review process explained: Timelines, and what can trigger delays and denials

11:15

Cyber Security Audits for DoD Contracts: Common Deficiencies Revealed and How to Rectify them to Meet CMMC Program Requirements

Microphone-alt

Katie Arrington, CISO A&S, U.S. Department of Defense

During this highly anticipated session, hear critical insights on the U.S. DoD’s new Cybersecurity Maturity Model Certification (CMMC), requiring all U.S. DoD contractors and subcontractors to undergo a third-party audit of their cyber security programs. Benefit from an analysis of where companies have gone right and wrong in recent cybersecurity audits.

• CMMC Rule implementation within the DFARS and the impact on foreign partners • What to expect from the assessment process for certification • Update on the CMMC implementation schedule • Dispelling common misconceptions about CMMC program requirements

12:15 9:45

Spotlight on China: The Entity List, Huawei, and The Latest Screening Dos and Don’ts for Canadian Exporters and Reexporters

Microphone-alt

Rich Ashooh Vice President, Global Government Affairs, Lam Research (USA) (Former Assistant, Secretary of Commerce for Export Administration, Bureau of Industry and Security)

Phillip Cedoz, Senior Manager, Global Trade, APITech (USA)

Barbara Linney, Partner, Baker Hostetler (USA)

• Status of U.S.-China Trade relations: Predictions for 2021 and the potential fallout for industry • Entity list developments and focus on Huawei • Extension of arms embargo • Analysis of current state of U.S.- China relations, and the impact on export compliance and operations • Post U.S. election predictions » Will the increased tariffs remain? » Impact on Hong Kong trade policies through targeting of specific Chinese companies » Potential retaliation from China?

10:45

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Break

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CASE STUDY

Technology Transfers, Data Security, Emails and Cloud Computing: How to Know If Your IT Controls Satisfy ITAR, EAR and Canadian Requirements

Microphone-alt

Marie-Hélène Tardif, Senior Manager, Export Controls, Siemens Energy Canada

Gary Stanley, President, Global Legal Services, PC (USA)

• Comparing and contrasting regulations in the U.S. and Canada, and determining what applies when • Practical examples of IT controls and access rights • How exceptions apply to Canadian operations 1:00 Break

• Screening and risk mitigation: » Case study: The pitfalls to avoid when developing your shortlist of suppliers for screening » New, emerging supply chain risk factors-and how to evolve your export and reexport compliance practices in response • Third-party integrity due diligence (IDD): The finer points of getting to know your business partners HYPOTHETICAL EXERCISES

2:15

Employing and Transferring Dual/Third-Country Nationals: The Latest, Most Vexing Challenges to Reconciling Export, Human Rights and Privacy Laws

Microphone-alt

Tamara Kronis, Associate Chair, Ontario Rights Tribunal (Canada)

Beth Peters, Partner, Hogan Lovells (USA)

Cyndee Todgham Cherniak, Founder, LexSage (Canada)

Nancy Wideman, Senior Compliance Officer, Honeywell (Canada)

• Concrete examples of how to address conflicts between U.S. export controls, Canadian human rights and privacy laws • Interpreting ITAR 126.18 exemptions for intra-company transfers • EAR Deemed Reexports: The finer points of compliance north of the border • Practical impact of U.S. export controls on hiring and staffing decision-making • Export control restrictions for nationals of sanctioned countries and other parties • Privacy, anti-discrimination and human rights considerations affecting screening • Overview of Ontario Human Rights Code and Human Rights Tribunal Ontario case law that conflict with U.S. ITAR restrictions • Overview of Canadian privacy laws 3:15 Break 3:30

1:15

Third Party Due Diligence: Vetting Prospective Business Partners, Mitigating Supply Chain Risks and Building Your Contingency Plan

Microphone-alt

Leda Langberg, Legal Advisor, Business Integrity & Compliance, Aker Solutions (Norway)

Joshua L. Richter, Senior Director, Leonardo DRS Trade Compliance (USA)

• Key risks and overcoming hurdles to identifying red flags • The finer points of conducting due diligence and screening suppliers, freight forwarders, distributors, customs brokers, customers, third parties, and end users for export control and sanctions requirements

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What Would You Do If…: “Mind Bending” Classification Conundrums: U.S./Canada Export and POLLING Reexport Scenarios – and How to Resolve Them

�

INTERACTIVE

Microphone-alt

Gordon Clarke, Director, Engineering and Regulatory Controls, Cesaroni Technology Inc. (Canada)

Krista Manley, Senior Manager, Global Trade, Raytheon Technologies

• Best practices for documentation and retrieval of classifications under the ITAR, EAR, EC, and CGP • Key missteps to avoid when applying EAR exceptions and ITAR exemptions • Overcoming common classification challenges with dual use items • Determining when an item becomes ITAR-controlled

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4:00

What Industry in Canada Should Know about CFIUS and Export Controls: Status and Impact of Substantial Ownership, Critical Technologies, WeChat, Mandatory Filing and More

Microphone-alt

Rich Ashooh Vice President, Global Government Affairs, Lam Research (USA) (Former Assistant, Secretary of Commerce for Export Administration, Bureau of Industry and Security)

Brooks Allen, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP (USA)

As of October 15, 2020, mandatory declarations in relation to critical technologies will no longer be triggered by industry classifications, but rather a new export controls test. This important, closing session will highlight some of the commonly overlooked considerations for industry in Canada, including: • Aligning compliance practices with mandatory filing based on U.S. license requirements for export, reexport and technology transfers • Interpreting mandatory filing exceptions, including ‘Excepted Foreign Investors’ provisions for Canada • Implications of recent developments for the technology and telecom sectors • How is “substantial ownership” defined in the regulations and what will this mean for investors/sellers?

5:00

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