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EARN CPD/CLE/CPE CREDITS
Livestream Option Available
11th Annual
U.S. Export & Re-Export Compliance FOR CANADIAN OPERATIONS January 26–27, 2022 • Virtual Conference (EST)
UPDATES FROM CANADIAN AND U.S. GOVERNMENT OFFICIALS FROM: ɇ
Global Affairs Canada
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Bureau of Industry and Security (BIS)
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Directorate of Defense Trade Controls (DDTC)
BEST PRACTICES FROM LEADING EXPORTERS, INCLUDING: • Airbus Bombardier
• Pratt & Whitney Canada
• Cesaroni Technology
• Rolls Royce Canada
• Collins Aerospace
• Top Aces
• Irving Shipbuilding
• Tremco
REGISTER NOW
As the only comprehensive event for the export and reexport community in Canada, don’t miss new, practical sessions, including:
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CHINA — The Latest Expansion of MEU, MIEU, CCMC — and More: How Canadian Industry is Putting Theory Into Practice
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Adapting Your Export and Reexport Program to Rapid Geopolitical, Regulatory and More Changes: How Industry is Revisiting Policies, Procedures and Processes
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Canada’s Permit Timelines and Latest ECL Amendments: What They Mean for Export Compliance and Technology Transfers
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The Latest Know-How for Preventing Export and Reexport Violations: Managing the Continued Effects of COVID-19 on Compliance, Cybersecurity and Data Protection
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Third Party and Supply Chain Due Diligence: Vetting Prospective Business Partners, Mitigating New Risks and Updating Your Contingency Plan
PLUS! Practical Case Studies on CHINA: Real-World Takeaways on How to Resolve
the Biggest Licensing and Compliance Conundrums
CanadianInstitute.com/ExportCanada • 1 877 927 7936
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Business Information in a Global Context
Distinguished Faculty
Conference Co-Chairs Ken Purchase Senior Director, Global Trade Requirements Management, Office of General Counsel Pratt & Whitney
Gary Stanley President Global Legal Services, PC (USA)
Matthew Borman Deputy Assistant Secretary of Commerce for Export Administration Bureau of Industry and Security U.S. Department of Commerce
Rob Hart Division Chief, Regulatory and Multilateral Affairs Division, Office of Defense Trade Control Policy, Directorate of Defense Trade Controls (DDTC) U.S. Department of State
Keynote Speakers Shalini Anand Director General, Trade and Export Controls Bureau Global Affairs Canada
2022 Faculty Includes: John Boscariol Partner McCarthy Tétrault LLP Giovanna Cinelli Partner Morgan, Lewis & Bockius LLP (USA) Gordon Clarke Director, Engineering & Regulatory Affairs Cesaroni Technology Eric S. Crusius Partner Holland & Knight LLP (USA) Kay Georgi Partner Arent Fox LLP (USA) Pierre Gilbert Export Control Manager, Controlled Goods Designated Official Rolls-Royce Canada Limited, Defence Products
Ajay Gupta Independent Defence Trade Compliance Professional (Formerly Senior Manager – Defence Trade Compliance, & Contract Security, Irving Shipbuilding) Joseph Gustavus Senior Principal Miller Canfield (USA) Jessica B. Horwitz Partner Bennett Jones LLP Monique Laneville Senior Director, Global Trade — Digital, Authorizations & Technology Management Collins Aerospace (USA) Barbara Linney Partner Baker Hostetler (USA)
Robert Metzger Roger Joseph O’Donnell PC Thaddeus McBride Member Bass, Berry & Sims PLC (USA)
2 | #ExportCanada
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Clifford Sosnow Partner Fasken Martineau DuMoulin LLP
Timothy P. O’Toole Member Miller & Chevalier Chartered (USA)
Brenda C. Swick Partner Cassels Brock & Blackwell LLP
Kevin Riddell Director, Trade & Regulatory Compliance Tremco
Duncan Toswell Senior Director, Controlled Goods Program Public Services and Procurement Canada
Christine E. Savage Partner King & Spalding (USA)
Wendy Wagner Partner Gowling WLG
Kate Seaman Director, Security and Trade Compliance Top Aces
Networking Time Built into the Conference Agenda Our virtual conferences are the same conferences you have come to expect in person but transformed into a virtual format. The new virtual conference delivers the same access to a community of industry leaders we have spent decades building and nurturing. We invite you to be part of this community.
Debbie Shaffer Senior Manager, Global Trade Compliance L3Harris Technologies (USA)
Immerse yourself in live presentations, panel discussions, specialized breakout sessions and networking opportunities.
Comments
Engage in meaningful dialogue with attendees and speakers in an interactive format. Expand your network to a global audience.
Pre-Conference Workshops January 25, 2022 (EST)
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9:00 a.m.-12:30 p.m.
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Your Updated CGP, ITAR, ECL, EAR and Sanctions Compliance Blueprint: A Complete Guide to the Newest, Most Pressing Risk Factors-from China to Licensing Hurdles…and Beyond
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Jessica B. Horwitz, Partner, Bennett Jones LLP
Joseph Gustavus, Senior Principal, Miller Canfield (USA)
Whether you are new to this subject-matter area or looking for a refresher on the changing landscape, you will benefit from an updated compliance roadmap for your daily work after the event. Plus, this highly anticipated workshop will lay the groundwork for the main conference Benefit from a practical guide to identifying, ranking and managing new, evolving risk factors — and gain a comprehensive analysis of the complex interplay between Canadian and U.S. export and reexport controls. Topics will include: • Interplay between Canadian domestic export control laws and U.S. re-export control laws, including how Global Affairs Canada’s Export Controls Division (ECD) enforces U.S. requirements • How BIS and DDTC have been interpreting the extra-territorial reach of the EAR and ITAR: What has triggered the application of U.S. export and reexport controls north of the border • Looking Back: Where industry has gone right and wrong on compliance and licensing, and missteps to avoid • Roles and responsibilities of ECD and Public Services and Procurement Canada’s Controlled Goods Directorate (CGD) in controlled goods program enforcement • China: The top 5 biggest export and reexport compliance risks to flag for 2022 and beyond
1:30-5:00 p.m. Remote, In-Person and Hybrid Work Arrangements — The Biggest Lessons for Technology Transfers, Emails, Cloud, Network Access and License Exceptions
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Monique Laneville, Senior Director, Global Trade — Digital, Authorizations & Technology Management, Collins Aerospace (USA)
Timothy P. O’Toole, Member, Miller & Chevalier Chartered (USA)
Wendy Wagner, Partner, Gowling WLG
Through a series of hypothetical scenarios and case studies, this timely workshop will debunk some of the most common and costly misconceptions around BIS, DDTC, Global Affairs Canada and CGP requirements. You will walk away with an updated blueprint for compliance, monitoring, and licensing that will serve as a helpful tool for addressing export and reexport compliance challenges coming across your desk. Key topics will include: • Lessons for managing remote, in-person and hybrid work arrangements: The newest controls for technology transfers and data protection • Comparing and contrasting regulations in the U.S. and Canada: Essential requirements for controlled data, emails, social media, cloud computing and encryption • Determining the lengths and limits of network access rights • Concrete examples of how to strengthen your Technology Controls Plan (TCP) and Technology Transfer Controls Plan (TTCP)
• EAR and ITAR Licenses and Agreements: What has triggered denials and RWAs-and what it now takes to satisfy the agencies
• What constitutes “technology”, “technical data” and “release” of technology
• Canadian Export Permits: Insights into ECD expectations, timelines and best practices for avoiding delays and securing approvals
• What should (and shouldn’t) be stored in the cloud?
• Export, reexport and economic sanctions screening and due diligence best practices: Ensuring that policies, processes and systems capture the latest regulatory changes
• Tracking changes to nationality status in compliance with employment, anti-discrimination, and privacy laws
• Contrasting classification differences between the EAR, ITAR, ECL and CGP
• Managing the global movement of employees during relocation and transfers to new roles
• The finer points of engaging with U.S. vs. Canadian government agencies
• Who should (and shouldn’t) have responsibility for identifying, correcting, and reporting an actual or suspected violation?
• Common errors to avoid when calculating de minimis values under the EAR • Supply Chain: New risks and challenges affecting export and reexports • Recordkeeping do’s and don’ts: Best practices for documentation retrieval and keeping classification
• Heightened due diligence requirements for exporters and users of the cloud • Best practices for managing travel and hand-carried data exports
• When and how to leverage EAR and ITAR license exceptions/exemptions for Canadian operations, and what can happen if they are not used correctly • Leveraging your Controlled Goods Program registration or facility security clearance to take advantage of ITAR § 126.18 exemptions and EAR § 734.20 carve-outs
MEDIA PARTNERS:
REGISTER NOW
CanadianInstitute.com/ExportCanada • 1 877 927 7936
a C5 Group Company
Business Information in a Global Context
Day One
11:00
Wednesday, January 26, 2021 (EST)
AUDIENCE
POLLING
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Registration & Continental Breakfast
9:00
Co-Chairs’ Opening Remarks
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Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney Gary Stanley, President, Global Legal Services, PC (USA)
BIS Keynote Address
Matthew Borman, Deputy Assistant Secretary of Commerce for Export Administration; Bureau of Industry and Security, U.S. Department of Commerce
10:00
During this interactive session, you will gain additional best practices and know-how for approaching highly complex compliance challenges related to China. Through a series of concrete examples and hypothetical exercises, experts will discuss the “how to” aspects of navigating new, emerging compliance and licensing dilemmas. In addition to asking your questions, don’t miss out on comparing notes with fellow attendees via our anonymous polling system!
The Continued Effects of COVID 19 on Compliance, Cybersecurity and Data Protection: The Latest KnowHow for Preventing Export and Reexport Violations
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Giovanna Cinelli, Practice Lead, International Trade and National Security, Morgan, Lewis & Bockius LLP
• The nuances across the different scopes and sources of prohibitions regarding each set of Chinese trade control policies • Key guidance on compliance, licensing requirements and heightened due diligence requirements for potential dual-use sales and technology transfers • How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC Regulations
• New risks associated with remote employees having access to sensitive information • Updating your export and reexport compliance program in response to the realities of new working arrangements • Strategies and technologies companies are using to mitigate newfound risk factors • Updating your TCP and TTCP • Implementing the latest guidelines for data classification and protection: ITAR, EAR, and Canadian Requirements 12:30
HANDSHAKE Networking Luncheon
• Amendments to the Export Administration Regulations (EAR) to expand license requirements on exports, re-exports, and transfers of items intended for military end use (MEU) and military-intelligence end users (MIEU) in China
Fireside Chat: Top Tips for Canadians Who Need an Export Permit Shalini Anand, Director General, Trade and Export Controls Bureau, Global Affairs Canada
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Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney
2:45
Afternoon Break
3:00
COMPLIANCE BENCHMARKING & BRAINSTORMING
Adapting Your Export and Reexport Program to Rapid Geopolitical, Regulatory and More Changes: How Industry is Revisiting Policies, Procedures and Processes
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Gordon Clarke, Director, Engineering, & Regulatory Affairs, Cesaroni Technology Kevin Riddell, Director, Trade & Regulatory Compliance, Tremco
• How companies are updating their program in response to geopolitical changes and risks • 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 • Updating training for remote legal, compliance and sales team • Concrete examples of policy and process upgrades for better risk detection and management 4:15
“War Stories” and Lessons for 2022 — Compliance Weaknesses, Violations and Penalties Under the Microscope: The Lesser-Known Takeaways from Recent Cases Against Companies and Individuals Gary Stanley, President, Global Legal Services, PC (USA) Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney At this closing session, benefit from critical insights on recent cases and their hidden lessons. Experts will impart practical guidance that will help you to strengthen your compliance blueprint for 2022 and beyond. 5:00
4 | #ExportCanada
Canadian Export Controls & Permit Timelines: How to Programmatically Manage Nuanced Classifications and Changes
During this industry roundtable, learn how leading companies are navigating the permit approvals process, and aligning policies and processes with Canadian requirements.
1:45
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• Trends in license applications, approvals and denials-and lessons learned
HANDSHAKE Morning Networking Break
2:15
Kate Seaman, Director, Security and Trade Compliance, Top Aces Pierre Gilbert, Export Control Manager, Controlled Goods Designated Official, Rolls-Royce Canada Limited, Defence Products
THE U.S-CHINA TRADE LANDSCAPE — AND THE IMPACT ON CANADIAN INDUSTRY
The Latest Expansion of MEU, MIEU, CCMC - and More EAR Requirements: Hidden Lessons for Updating Compliance and Licensing Practices
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Kay Georgi, Partner, Arent Fox LLP (USA)
11:30
9:15
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CHINA — CASE STUDIES
What Would You Do If?…Real-World Takeaways for Resolving the Biggest Licensing and Compliance Conundrums
End of Day 1
Day Two
11:00
Thursday, January 27, 2021 (EST) 9:00
Co-Chairs’ Opening Remarks
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Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney
Gary Stanley, President, Global Legal Services, PC (USA)
9:05
DDTC Keynote Address
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Rob Hart, Division Chief, Regulatory and Multilateral Affairs Division, Office of Defense Trade Control Policy, Directorate of Defense Trade Controls (DDTC), U.S. Department of State
9:45
• Comparing and contrasting U.S. and Canadian sanctions — and their practical impact on export and reexport operations
• 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 • Updates on Ontario Human Rights Code and Human Rights Tribunal Ontario case law that conflict with U.S. ITAR restrictions • Canadian privacy laws and their interplay with export/reexport controls
• The rapidly changing China landscape, and the impact on due diligence and supply chain risks
2:30
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John Boscariol, Partner, McCarthy Tétrault LLP
Thaddeus McBride, Member, Bass, Berry & Sims PLC (USA)
During this highly anticipated session, experts from Canada and the U.S. will take you through the most critical economic sanctions developments and trends affecting exports and reexports. The discussion will focus on new, unanticipated pitfalls to avoid for 2022 and beyond.
• Impact of the PRC’s Foreign Anti-Sanctions Regulation and the new Blocking Statute • Performing due diligence amid the increased use of The Entity List • Iran: Status report and negotiations with Iran and what is on the horizon
Third Party and Supply Chain Due Diligence: Vetting Prospective Business Partners, Mitigating New Risks and Updating Your Contingency Plan
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ECONOMIC SANCTIONS
Updating Your Risk-Based Economic Sanctions Compliance Program: The Latest U.S. and Canadian Restrictions, and Their Practical Impact
Debbie Shaffer, Senior Manager, Global Trade Compliance, L3Harris Technologies (USA) Ajay Gupta, Independent Defence Trade Compliance Professional (Formerly Senior Manager – Defence Trade Compliance, & Contract Security, Irving Shipbuilding)
• Key risks that are harder to detect and mitigate • 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 • Screening and risk mitigation: » 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 10:45
HANDSHAKE Morning Networking Break REGISTER NOW
11:45
Cybersecurity & Ransomware Attacks: Managing New, Emerging Export Controls and Economic Sanctions Compliance Risks
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Barbara Linney, Partner, Baker Hostetler (USA)
Clifford Sosnow, Partner, Fasken Martineau DuMoulin LLP
Introduced based on popular demand, this new session for 2022 will cover the newest, emerging risks and compliance challenges posed by ransomware attacks. International trade experts from the U.S. and Canada will cover OFAC’s Guidance on Ransomware, Canadian developments — and their interplay with export and reexport controls.
Update on Controlled Goods Program from Public Services and Procurement Canada
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Duncan Toswell, Senior Director, Controlled Goods Program, Public Services and Procurement Canada
• Brief overview of the Controlled Goods Program and updates on recent developments 3:00
Afternoon Break
3:15
The Latest on CMMC 2.0: Key Updates on the Biggest Lessons and Costly Missteps
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Robert Metzger, Roger Joseph O’Donnell PC
Eric S. Crusius, Partner, Holland & Knight LLP (USA)
12:30 Luncheon
Hear critical updates 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 cybersecurity program. Benefit from the latest lessons learned and missteps to avoid.
1:45
4:15
Employing and Transferring Dual/Third-Country Nationals: Managing the Continued Conflict Between, U.S. Export Controls, Canadian Human Rights and Privacy Laws
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Christine E. Savage, Partner, King & Spalding (USA)
Brenda C. Swick, Partner, Cassels Brock & Blackwell LLP
CanadianInstitute.com/ExportCanada • 1 877 927 7936
5 MORE THINGS!
More Need-to-Know Compliance Takeaways from Industry Attendees and faculty will reveal their top need-to-know takeaways, and address your most pressing questions. 4:45
Co-Chairs’ Closing Remarks a C5 Group Company
Business Information in a Global Context
Speakers and presentations were very informative and input from the audience was really helpful.
All presentations were excellent and gave me an idea of how other industries export and re-export.
— Teledyne DALSA Inc.
— General Dynamics Land Systems
Legal Accreditations Field of Study: Business Law Prerequisite: None. Level of knowledge: Basic Advanced Preparation: None.
American Conference Institute is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of Continuing Professional Education (CPE) 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 submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org
TEACHING METHOD: Group Live and Group Internet Based DELIVERY METHOD: Group Live and Group Internet Based
Course objective: To provide updates on the latest Canada and U.S. Export Control regulations.
WHO SHOULD ATTEND: VPs, Directors, Managers and Specialists of: - Export Compliance & Investigations - International Trade Compliance - Export Licensing - Supply Chain Management - Procurement - Customs and Traffic
Partners from Law, Investigations and Accounting Firms Specializing in: - International Trade Law - Economic Sanctions - Export Controls - Procurement/Government Contracts
Corporate Counsel Specializing in: - Legal Affairs and Operations - International Trade - Export Compliance
EARN CPD
Refunds and Cancellations: Requests for credit memos or refunds must be received in writing by January 16, 2022 and will be subject to a cancellation fee. No refunds will be granted after January 16, 2022. For more information regarding refund, complaint, and/or program cancellation policies please contact our offices at 1-888-224-2480.
EARN CLE
CREDITS
CREDITS
This 2-day conference program can be applied towards 8.75 of the 9 substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 3 substantive hours at each pre-conference workshop. Please note that workshops will not be livestreamed. Credit is only available to in-person attendees. The same number of hours may be applied to your continuing legal educational requirements in British Columbia. The Barreau du Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. 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.
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Participants will earn up to 10.5 CPE credits for the main conference and 3.5 credits for each workshop. Please note that the workshops will only be available to live in-person attendees. Group Internet Based Participants, please note: To be awarded full credits, you must actively participate in activities (such as polling) and submit the verification codes presented in the chat. For more information and to submit your CPE request visit: https://www. americanconference.com/accreditation-instructions-for-virtual-attendance/#CPE.
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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. Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLE
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We are Thrilled to Announce Our 2022 Conference Co-Chairs
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