U.S. Export & Re-Export Compliance FOR CANADIAN OPERATIONS
January 31 & February 1, 2023
Marriott Toronto Airport Hotel • Toronto, ON
Government Speakers Include:
Assistant
for Export Enforcement
U.S. Department of Commerce, Bureau of Industry and Security (BIS)
As the only comprehensive event for the export and re-export community in Canada, don’t miss new, practical sessions with a cross-border faculty, including:
Angle-Right Economic Sanctions and the Interplay with Export Controls: Adapting to New Compliance Realities and Rapidly Updating Policies, Procedures and More
Angle-Right Interpreting New ITAR Definitions and Open General Licenses 1 and 2
Angle-Right Semiconductors and Military Applications: Practical Applications of the Latest EAR Changes and Stricter Export Controls
Angle-Right New Designations for Critical Technologies: Key Takeaways for the Path Ahead
Angle-Right The Entity List and Unverified List: The Most Vexing Export and Re-Export Question—and How to Handle Them Angle-Right
Latest on Putting MEU and MIEU Requirements into Practice Exhibitor
The only comprehensive, practical event of its kind in Canada!
From sweeping economic sanctions to changing designations for technology to new ITAR definitions and Open General Licenses, Canadian industry is facing unprecedented enforcement, compliance and licensing realities.
Join The Canadian Institute and the American Conference Institute at the 12th Annual Forum on U.S. Export & Re-Export Compliance for Canadian Operations, returning to Toronto. As the only comprehensive, practical event of its kind in Canada, gain clarity on the complex interplay between U.S. and Canadian export/re-export controls and economic sanctions, and the nuances of applying U.S. requirements to the Canadian context
Big Changes for 2023!
Semiconductors and Military Applications
The Bureau of Industry and Security (BIS) released changes with respect to technology, software, manufacturing equipment, and commodities used to make Advanced Semiconductors, and Supercomputers. What are key considerations for Canadian industry?
New ITAR Definition Rules and Open General Licenses 1 and 2
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) is authorizing two new Open General Licenses (OGL). As part of a pilot project, the OGLs 1 and 2 may be used by certain persons in Australia, Canada, and the United Kingdom to retransfer certain defense articles. These open general licenses are valid for one year, effective August 1, 2022, through July 31, 2023. Gain practical guidance for updating your company policies to comply with the new rules.
New Technology Designations for Critical Technologies
Prepare for incoming changes to technology designations under Section 1758. Newly identified controls will not be labelled as either emerging or foundational and instead will be referred to as “critical technology,” of the Export Control Reform Act. Hear how the U.S.’ priorities are evolving—and ensure that your compliance program is ready!
The Entity List and Unverified List
The U.S. Bureau of Industry and Security (BIS) has released its List of Parties of Concern, which means additional due diligence and processes for companies doing business with parties on either the Entities List or the Unverified List. What
does this really mean for exporters and reexporters in Canada?
For more than a decade, this acclaimed event has gathered senior U.S. and Canadian government officials, as well as legal and compliance experts from key exporters in the U.S. and Canada.
We look forward to seeing you in Toronto this January!
Desiree Finhert Director of Content National Security Portfolio
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
- Regulatory Compliance
SPEAKER FACULTY INCLUDES:
C ONFERENCE CO-CHAIRS
Ken Purchase
Senior Director, Global Trade Requirements Management, Office of General Counsel
Pratt & Whitney
Gary Stanley President
Global Legal Services, PC (USA)
GOVERNMENT SPEAKERS
Shalini Anand Director General, Trade and Export Controls Bureau Global Affairs Canada
Matthew S. Axelrod
Assistant Secretary for Export Enforcement Bureau of Industry and Security (BIS), U.S. Department of Commerce
Stacy Bostjanick SES
Chief Defense Industrial Base Cybersecurity, Chief Information Officer
U.S. Department of Defense
Rob Hart
Chief, Regulatory and Multilateral Affairs Division
Directorate of Defense Trade Controls (DDTC), U.S. Department of State
Duncan Toswell
Senior Director, Controlled Goods Program
Public Services and Procurement Canada
Tongele N. Tongele, Ph.D. Director, Emerging Technology Division, Office of Technology Evaluation
Bureau of Industry and Security (BIS), U.S. Department of Commerce
DISTINGUISHED FACULTY
Sherine Attia Director – Global Ethics & Compliance
CGI
Sabrina A. Bandali Partner
Bennett Jones LLP
Stephen C. Bartenstein Partner
Covington & Burling LLP (USA)
Dyanne Carenza
Vice President, Head Trade Finance, Global Business Payments, Global Banking & Markets Scotiabank
Continuing Professional Development Credits
This 2-day conference program can be applied towards 7 of the 9 substantive hours as well as 1 professionalism hour 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.
Gordon Clarke
Director, Engineering & Regulatory Affairs
Cesaroni Technology Inc.
Eric S. Crusius Partner
Holland & Knight LLP (USA)
Selena Garreaud
Head of Ethics & Compliance and Export Control
Airbus Canada
Kay C. Georgi Partner
ArentFox Shiff LLP
Daniel Fombonne Vice President, Compliance
Kinross Gold Corporation
Zack Hadžismajlović
Partner, Head of Global Trade Group McCarter & English LLP
Monique Laneville
Senior Director, Global Trade Collins Aerospace
Barbara D. Linney Partner
BakerHostetler LLP (USA)
Michael Milne Partner
Cassidy Levy Kent LLP
EARN CLE CREDITS
William Pellerin Partner
McMillan LLP
Daniel Perrone
Executive Director, Global Trade Raytheon Intelligence & Space
Katherine Seaman
Director, Security and Trade Compliance
Top Aces
Debbie Shaffer
Senior Manager, Sector Lead, Commercial Aviation Solutions Sector L3 Harris Technologies (USA)
Chris Tymofichuk
Director, Contracts & Compliance
Leonardo DRS Technologies Canada Ltd.
Bill Wade
Vice President, Global Trade Compliance L-3 Communications Corporation (USA)
Kevin J. Wolf Partner
Akin Gump Strauss Hauer & Feld LLP (USA)
Boris Zadkovic Director, Trade Compliance
L3Harris Technologies Inc.
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.
Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/CLE
Monday, January 30, 2023
PRE-CONFERENCE WORKSHOPS
9:00 – 12:30 (Registration opens at 8:30 a.m.)
AA Deep Dive into Export Classification under the EAR, ITAR, ECL and CGP: The Newest Lessons Learned for Legal, Trade Compliance and Engineering Teams
microphone-alt Gordon Clarke, Director, Engineering & Regulatory Affairs, Cesaroni Technology Inc.
Katherine Seaman, Director, Security and Trade Compliance, Top Aces
Specifically crafted for legal, compliance and engineering professionals, this in-depth session will discuss how to classify (and re-classify), and embed compliance at the design stage of a product, with a practical approach to correctly determining the classification of items, data and technologies captured by U.S. and Canadian export controls.
Topics will include:
Part I: Designing the Product
• Assessing classification differences between the EAR, ITAR, and the Canadian ECL, CPG
• Controlling the technology at the design stage and how it can affect the product classification
• Taking stock of items across your supply chain and their effect on your classification
• Building a classification-based compliance system
• Examples of how to automate your compliance classification process
Part II: Classification Parameters
• Ensuring the correct classification before transferring, sharing or destroying items
• Managing disparate treatment of dual and third-country nationals and technology transfers under the ECL, ITAR and EAR
1:30 – 5:00 (Registration opens at 1:00 p.m.)
BYour Third Party and Supply Chain Due Diligence and Screening Action Plan: A Step-by-Step Guide to Incorporating New Export/ Re-Export
Controls, Economic Sanctions, Forced Labour and More Requirements
microphone-alt Sherine Attia, Director – Global Ethics & Compliance, CGI
Daniel Fombonne, Vice President, Compliance, Kinross Gold Corporation
Michael Milne, Partner, Cassidy Levy Kent LLP
From economic sanctions to forced labour laws on both sides of the border and changing export controls, this session will delve into how to vet prospective business and supply chain partners, mitigating supply chain risks and how to build your contingency plan in these uncertain times
Topics will include:
Economic Sanctions and Export Controls Due diligence for third parties :
• Special considerations with regard to Russia and China-related risks
• Re-assessing the impact of economic sanctions and evolving export controls on your supply chain
• Steering your company to collect the best data for complying with sanctions regulations
Due diligence for third parties affected by Canadian and U.S. forced labour laws:
• Determining what is considered forced labour and examining the threshold
• How to investigate who is in the supply chain and what is considered appropriate evidence
• 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
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
Workshops are being offeredin-persononly
Tuesday, January 31, 2023
MAIN CONFERENCE DAY ONE
7:45 Registration & Coffee
8:45
Opening Remarks from the Co-Chairs
microphone-alt Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney
Gary Stanley, President, Global Legal Services, PC (USA)
9:00
BIS KEYNOTE ADDRESS
microphone-alt Matthew S. Axelrod, Assistant Secretary for Export Enforcement, U.S. Department of Commerce, Bureau of Industry and Security (BIS)
9:30 INDUSTRY PANEL
Semiconductors and Military Applications: Practical Applications for Interpreting and Applying the Latest EAR Changes and Navigating the Grey Areas
microphone-alt Kevin J. Wolf, Partner, Akin Gump Strauss Hauer & Feld LLP (USA)
Boris Zadkovic, Director, Trade Compliance, L3Harris Technologies Inc.
The Bureau of Industry and Security (BIS) announced stricter export controls, affecting four technologies supporting the production of advanced semiconductors and gas turbine engines, and taking effect in August 2022. Delegate will hear how export controls have become more stringent, how export classification has been altered and how the changes will effect supply chains for companies in other sectors.
10:30 Networking Break
10:45
Economic Sanctions and the Interplay with Export and Re-Export Controls: New How Canadian Industry is Adapting to New Compliance Realities and Rapidly Updating Policies, Procedures and More
Dyanne Carenza, Vice President, Head Trade Finance, Global Business Payments, Global Banking & Markets, Scotiabank
William Pellerin, Partner, McMillan LLP
This session will take stock of the latest OFAC and Canadian economic sanctions with regard to Russia and China. Delve into the critically important program updates to incorporate, and positioning your program in anticipation of more export, re-export and economic sanctions changes:
• Examining the indirect implications of sanctions on your export and re-export operations
• The newest, most vexing challenges to complying with economic sanctions and dovetailing sanctions compliance with your export and re-export compliance protocols
• Extending credit and extending business
• Banks’ risk appetites for extending financing, credit and authorizing more transactions
• Special considerations for export and re-export transactions involving U.S.-origin technology
» When you are sourcing from the US?
» Important when they are a US nexus?
11:30
Revising Company Policies to Comply with New ITAR Definition Rules and Open General Licenses 1 and 2
microphone-alt Selena Garreaud, Head of Ethics & Compliance and Export Control, Airbus Canada
Debbie Shaffer, Senior Manager, Sector Lead, Commercial Aviation Solutions Sector, L3 Harris Technologies (USA)
Barbara D. Linney, Partner, BakerHostetler LLP (USA)
The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) is has authorized two new Open General Licenses (OGL). As part of a pilot project, the OGLs 1 and 2 may be used by certain persons in Australia, Canada, and the United Kingdom to retransfer certain defense articles. These open general licenses are valid for one year, effective August 1, 2022, through July 31, 2023.
The International Traffic in Arms Regulations (ITAR) has also been amended, including changes to definitions within the regulations.
During this highly anticipated panel, hear from exporters on how they have updated their policies, processes and more in response to these changes—and the enduring grey areas and risk factors.
Part I: Open General Licenses (OGL)
• Open General Licenses 1: Interpreting the change to the end use, end user or temporary transfer to a third party of a defense article within the same foreign country
• Open General Licenses 2: Examining the changes to shipment or transmission from one foreign country to another foreign country – of unclassified defense articles to and among the same entities
• Defining permissible end-users
• Identifying eligible defense articles
• Exploring whether companies see the new open licenses, and the general licence format as addressing their concerns, and what remains outstanding
Part II The Definition Rules
• Revising company policies and manuals to be compliant under the updated regulations
• Anticipating further changes and how to prepare for changes to ITAR exemptions
• Ensuring your citations are correct for definitions
12:15 Networking Luncheon for Speakers and Delegates
1:30
Fireside Chat with Global Affairs Canada
microphone-alt Shalini Anand, Director General, Trade and Export Controls Bureau, Global Affairs Canada
2:00
The True Impact of New Designations for Critical Technologies: Practical Takeaways for the Path Ahead
microphone-alt Tongele N. Tongele, Ph.D., Director, Emerging Technology Division, Office of Technology Evaluation, Bureau of Industry and Security (BIS), U.S. Department of Commerce
Prepare for incoming changes to technology designations under Section 1758. Newly identified controls will not be labelled as either emerging or foundational and instead will be referred to as “critical technology” under the Export Control Reform Act. Hear how U.S. priorities are evolving.
• Determining how the designations will affect technology classifications
• Analyzing what exporters need to know about licenses and permit applications
• How will the designations affect timelines for introducing more controls
2:45 Networking Break
3:00 HYPOTHETICAL
SCENARIOS – WHAT WOULD YOU DO IF…
The Entity List and Unverified List: The Most Vexing Export and Re-Export Compliance Questions – and How to Handle Them
microphone-alt Zack Hadžismajlović,
Partner, Head of Global Trade Group, McCarter & English LLP
The U.S. Bureau of Industry and Security (BIS) has released its List of Parties of Concern, which means additional due diligence and processes for companies doing business with parties on either the Entities List or the Unverified List. What does this really mean for exporters and re-exporters in Canada? This session will take stock of the practical challenges confronting industry, including:
• Analyzing what it means to be on the List of Parties of Concern, and the specific subgroups. Why are some entities on the list?
• Ensuring you are satisfying due diligence and screening requirements—and how to know if you are getting it right
• Examining the nuances posed by Russia and China
• Conducting due diligence as a small or mid-sized company
• How to know if you are doing business with a company that has a third-party on the list
3:45
HYPOTHETICAL SCENARIOS & ANONYMOUS POLLING
Foreign, Dual and Third Country Nationals: The Newest, Emerging Dilemmas and Best Practices for Navigating Human Rights, Employment and Export Compliance Challenges
microphone-alt Gary Stanley, President, Global Legal Services, PC (USA)
• Conducting employee background checks and what will raise red flags
• What information you can (and can’t) ask during a recruitment interview
• The lesser-known nuances of dual and third-country foreign national requirements under the EAR vs. ITAR
• Best practices for reconciling export controls with Canadian human rights and privacy laws: Concrete examples of hits and misses
• Critical ‘dos and don’ts’ for due diligence throughout the hiring process
• How to interpret Canadian and U.S. guidance on hiring, firing, and everything in-between
• Case studies and real-world scenarios
• Examining what it means to be working for Canadian operations, including sharing information
• When to notify and seek an application
4:30 Closing Remarks from the Co-Chairs, Conference Adjourns
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Wednesday, February 1, 2023
MAIN CONFERENCE DAY TWO
8:00 Registration & Coffee
9:00
Remarks from the Co-Chairs
9:05
Keynote Address
microphone-alt Rob Hart, Chief, Regulatory and Multilateral Affairs Division, Directorate of Defense Trade Controls (DDTC), U.S. Department of State
9:30
Technology Transfers, Data Security, Emails and Cloud Computing: How to Know If Your IT and Cyber Controls Satisfy ITAR, EAR and Canadian Requirements
microphone-alt Monique Laneville, Senior Director, Global Trade, Collins Aerospace
Daniel Perrone, Executive Director, Global Trade, Raytheon Intelligence & Space
• Comparing and contrasting the U.S. vs. Canadian landscapes: Essential compliance requirements for controlled data, emails, social media, cloud computing and encryption controls
• Determining the lengths and limits of network access rights: New considerations and pitfalls to avoid
• Concrete examples of how to strengthen your Technology Control Plan (TCP) and Technology Transfer Controls Plan (TTCP)
• The grey areas of “technology”, “technical data” and “release” of technology
• Heightened due diligence requirements for exporters and users of the cloud
• What should (and shouldn’t) be stored in the cloud?
• Best practices for managing travel and data exports
About us:
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For over 30 years, C5 Group has proVided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities.
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10:15 Networking Break
10:30
Update on Controlled Goods Program from Public Services and Procurement Canada
microphone-alt Duncan Toswell, Senior Director, Controlled Goods Program, Public Services and Procurement Canada
During this session delegates will hear an overview of the Controlled Goods Program and updates on recent developments.
11:00 HYPOTHETICAL
SCENARIOS AND ANONYMOUS POLLING
The Intensifying Convergence of Export Controls and Economic Sanctions: Overcoming the Pain Points of Updating Your Risk-Based Compliance Program
microphone-alt Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney
Sabrina A. Bandali, Partner, Bennett Jones LLP
• Comparing and contrasting U.S. and Canadian sanctions — and their practical impact on your export and reexport operations
• The rapidly changing China landscape, and the impact on due diligence and supply chain risks
• Impact of the PRC’s Foreign Anti-Sanctions Regulation and the new Blocking Statute
• Iran: Status report and negotiations with Iran and what is on the horizon
12:00 Networking Luncheon
1:00
FOCUS ON CYBERSECURITY AND U.S. DEFENCE SUBCONTRACTORS IN CANADA
CMMC: THE NEWEST LESSONS LEARNED
The Latest on CMMC 2.0: Key Updates on the Biggest Lessons and Costly Missteps
microphone-alt Eric S. Crusius, Partner, Holland & Knight LLP (USA)
Stacy Bostjanick SES, Chief Defense Industrial Base Cybersecurity, Chief Information Officer, U.S. Department of Defense
New cybersecurity requirements for controlled unclassified information (CUI) systems came into effect in August 2022. This is coupled with new requirements from the U.S. Government Accountability Office (GAO) as outlined in its report entitled the Defense Cybersecurity: Protecting Controlled Unclassified Information Systems. Delegates will gain implementation strategies to be compliant with the new requirements. Hear the latest 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 newest lessons learned and missteps to avoid.
1:30
Enhanced Cybersecurity Requirements for U.S. Subcontractors in Canada
microphone-alt Chris Tymofichuk, Director, Contracts & Compliance, Leonardo DRS Technologies Canada Ltd.
The U.S. Department of Defense rolled out DFARS clauses addressing the cybersecurity obligations for DoD contractors.
• Implementing the requirements of the National Institute of Standards and Technology (NIST) Special Publication (SP)
• Drafting System Security Plan (SSP) to address the NIST requirements and establishing a Plan of Actions & Milestones (POAM)
• Posting scores in order to be awarded a new contract, option exercise, contract extension or modification, or task or delivery order
• Verifying, prior to award, that the contractor has posted its DoD Assessment score in SPRS
• Overview of the requirements from GAO and DOD, including implementation strategies for:
» Categorizing the impact of loss of confidentiality, integrity, and availability of individual systems as low, moderate, or high
» Implementing specific controls based in part on the level of system impact
» Authorizing systems to operate
2:15 Networking Break
2:30
Unpacking Export License and Permit Approvals, Denials and RWAs: Fine Tuning Your Applications Moving Forward
microphone-alt Bill Wade, Vice President, Global Trade Compliance, L-3 Communications Corporation (USA)
Stephen C. Bartenstein, Partner, Covington & Burling LLP (USA)
• Analyzing how an application is now being reviewed
• Examining what within the application will be securitized
• Why permit applications are being denied, withdrawn or Returned Without Actions (RWA)
• Next steps when you withdraw a permit, or it is denied
• Best practices for EAR and ITAR licensing applications
3:15
The Latest on Putting MEU and MIEU Requirements into Action: Hidden Lessons for Updating Compliance and Licensing Practices
microphone-alt Kay C. Georgi, Partner, ArentFox Shiff LLP
• How the industry has been implementing licensing requirements for exports, re-exports, and transfers of items intended for military end use (MEU) and military-intelligence end users (MIEU) in China
• The nuances across the U.S. prohibitions under the EAR and ITAR
• Key licensing guidance: What triggers approvals, denials and RWAs
• Practicalities of implementing the heightened due diligence requirements for sales and technology transfers
• How the industry is updating screening, compliance policies and procedures around MEU and MIEU Regulations
• EAR Section 744.21 restrictions on the export, reexport, and transfer of certain items for “military end uses”
• How and why the Commerce Department expanded the “Military End-User” definition to include: any item “that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, ‘development,’ or ‘production,’ of military items.”
4:00 Closing Remarks from the Co-Chairs, Conference Concludes
December 6 – 7, 2022 • New York, NY AmericanConference.com/EconomicSanctions
