13th Annual U.S. Export & Re-Export Compliance for Canadian Operations - DS

EARN CPD/CLE CREDITS

Government Faculty Includes:

13th Annual

Elizabeth Clarke Director of Export Controls Operations Division (TIE) Global Affairs Canada

U.S. Export & Re-Export Compliance

Dan Clutch Deputy Director for the Office of Export Enforcement (OEE) U.S. Department of Commerce, Bureau of Industry and Security (BIS)

FOR CANADIAN OPERATIONS January 24 – 25, 2024 Four Points by Sheraton Toronto Airport • Toronto, ON

BEST PRACTICES FROM LEADING EXPORTERS, INCLUDING: •

L3 Harris Technologies

•

Curtiss-Wright Corporation

•

Microsoft Canada

•

NovAtel

•

Cesaroni Technology

•

Pratt & Whitney

•

Comtech Telecommunications

•

Tremco Canada

•

Collins Aerospace

•

Transdigm Group

Benefit from the pre-conference workshops on January 23rd: Workshop A A Complete Guide to Classification, Order of Review, “Specially Designed,” and Recordkeeping Essentials

Duncan Toswell Senior Director, Controlled Goods Program Public Services and Procurement Canada

As the only comprehensive, practical event for the export and reexport compliance community in Canada, don’t miss new, critical sessions, including: Angle-Right Complex Classification Conundrums and How to Resolve Them: Hypothetical Scenarios and Practical Takeaways Angle-Right The Newest Technical Data, AI, and Cloud Risks: Updating Your Program Amid the Rapidly Evolving Export Compliance and Tech Innovation Landscapes

Angle-Right China, Russia- and the Interplay of Export Controls and Sanctions: The Biggest, Most Enduring Compliance and Enforcement Risks Confronting Canadian Industry

Angle-Right Separating Fact from Fiction: Applying the Foreign Direct Product and de minimis Rules More Compliance Benchmarking! Strengthening and Right-Sizing Your Export Compliance Program Amid Budgetary Constraints

Workshop B A Complete Guide to Updating Your CGP, ITAR, ECL, EAR and Sanctions Compliance Roadmap for 2024 and Beyond

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Paula Folkes-Dallaire Associate Assistant Deputy Minister Public Services and Procurement Canada

Rob Hart Division Chief, Regulatory and Multilateral Affairs Division U.S. Department of State, Office of Defense Trade Control Policy, Directorate of Defense Trade Controls (DDTC)

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GOVERNMENT SPEAKERS

CO-CHAIRS

Elizabeth Clarke Director of Export Controls Operations Division (TIE) Global Affairs Canada

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

Dan Clutch Deputy Director for the Office of Export Enforcement (OEE) U.S. Department of Commerce, Bureau of Industry and Security (BIS)

Gary Stanley President Global Legal Services, PC (USA)

DISTINGUISHED FACULTY

Ian-Andrew Knowlton Export Compliance Officer & Designated Official NovAtel (Canada) Monique Laneville Senior Director, Global Trade Collins Aerospace (USA) Kevin Riddell Director of Trade & Regulatory Compliance Tremco Canada Inc.

Paula Folkes-Dallaire Associate Assistant Deputy Minister Public Services and Procurement Canada

Phillip Cedoz Vice President – Trade Comtech Telecommunications Corp.

Melanie Rosenblath Program Manager – Security Compliance Microsoft (Canada)

Rob Hart Division Chief, Regulatory and Multilateral Affairs Division U.S. Department of State, Office of Defense Trade Control Policy, Directorate of Defense Trade Controls (DDTC)

Gordon Clarke Director, Engineering & Regulatory Affairs Cesaroni Technology, Inc. (Canada)

Boris Zadkovic Director, Global Trade Compliance L3 Harris Technologies (Canada)

Duncan Toswell Senior Director, Controlled Goods Program Public Services and Procurement Canada

Debi Davis Consultant ITC Consulting Mahsa Dokhani Senior Manager, Global Trade Compliance Curtiss-Wright Corporation (Canada) Ajay Gupta Principal Consultant Sterling Compliance / Sterling Agility

HANDSHAKE Global Sponsorship Opportunities

Eric Crusius Partner Holland & Knight LLP Kay Georgi Partner ArentFox Schiff LLP (USA) Francesca Guerrero Partner Thompson Hine LLP (USA) Peter Jeydel Of Counsel Steptoe & Johnson LLP (USA)

Susana Lee Partner Cassidy Levy Kent (Canada) LLP Barbara Linney Partner BakerHostetler (USA) Andrew McAllister Partner Holland & Knight LLP (USA) Adetayo Osuntogun Partner Barnes & Thornburg LLP (USA) Darren Riley Founding Member Riley Trade Law PLLC (USA) Mollie Sitkowski Partner Faegre Drinker Biddle & Reath LLP (USA) Tatiana Sullivan Counsel Skadden, Arps, Slate, Meagher & Flom LLP (USA) Brenda Swick Partner Cassels Brock & Blackwell LLP (Canada) Wendy Wagner Partner Gowling WLG International

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

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

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Pre-Conference Workshops TUESDAY, JANUARY 23, 2024

9:00 am – 12:30 pm (Registration opens at 8:30 am)

1:30 – 5:00 pm (Registration opens at 1:00 pm)

A Designed,” and Recordkeeping Essentials

Complete Guide to Updating Your CGP, ITAR, ECL, EAR and B ASanctions Compliance – Roadmap for 2024 and Beyond

microphone-alt Phillip Cedoz, Vice President - Trade, Comtech Telecommunications Corp. (USA)

microphone-alt Mahsa Dokhani, Senior Manager, Global Trade Compliance, Curtiss-Wright Corporation

A Deep Dive Into Classification, Order of Review, “Specially

Mollie Sitkowski, Partner, Faegre Drinker Biddle & Reath LLP (USA) During this in-depth workshop, experts will walk you through the most essential, yet commonly misunderstood requirements and the key classifications missteps to avoid before it’s too late.

Through a series of hypothetical scenarios and concrete examples, the workshop leaders will offering practical guidance to effectively navigate Canadian, ITAR, and EAR requirements.

The scenarios will cover key challenges, including:

(Canada)

Tatiana Sullivan, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP (USA) As a primer for the main conference, the speakers will provide an in-depth review of CGP, EAR, ECL, ITAR, and Sanctions best practices to ensure compliance. It’s the perfect opportunity to for newcomers and more seasoned professionals to gain practical knowledge and experience from some of the industry’s leading experts.

Topics will include:

• What is “specially designed”

• Understanding and recognizing classification differences between the CGP, EAR, ECL, and ITAR

• Establishing a compliance system centered around classification • Illustrative instances of streamlining your compliance classification process • Examining the influence of controlling technology during the design phase on product classification • Conducting an inventory of components throughout your supply chain and their impact on your classification • Verifying the accuracy of the classification before transferring, sharing, or disposing of items • Addressing differences in the treatment of dual and third-country nationals and technology transfers under ECL, ITAR, and EAR • Evaluating discrepancies in the categorization of EAR, ITAR, and Canadian ECL, CPG • How to handle opposing or different classifications from one country to the next

• How to satisfy agency requirements in order to prevent EAR and ITAR license and agreement denials » The special nuances to successfully engage with the different U.S. and Canadian government agencies • Best strategies for monitoring export and reexport activities and maintaining compliance with economic sanctions: Making certain that policies, procedures, and systems remain current with the latest regulatory updates.

• Navigating export and reexports compliance risks amid supply chain pressures • The highlights of effective recordkeeping and most essential strategies for proper document storage and retrieval

Media Partner

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Main Conference Day One WEDNESDAY, JANUARY 24, 2024

8:00

Registration and Networking Breakfast

11:00

Opening Remarks from the Co-Chairs

Global Affairs Canada Updates: Guidance for Canadian Industry on Export Permit Approvals, Denials, and Timelines

microphone-alt Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General

microphone-alt Elizabeth Clarke, Director of Export Controls Operations Division (TIE), Global Affairs Canada

8:45

Counsel, Pratt & Whitney (Canada)

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

11:30

INTERACTIVE COMPLIANCE BENCHMARKING

The Newest Technical Data, AI, and Cloud Risks: Updating Your Program Amid the Rapidly Evolving Export Compliance and Tech Innovation Landscapes

9:00

KEYNOTE ADDRESS AND Q&A microphone-alt Dan Clutch, Deputy Director for the Office of Export Enforcement (OEE), U.S. Department of Commerce, Bureau of Industry and Security (BIS)

microphone-alt Melanie Rosenblath, Program Manager – Security Compliance, Microsoft (Canada) Boris Zadkovic, Director, Global Trade Compliance, L3 Harris Technologies (Canada)

9:45

AUDIENCE POLLING

Complex Classification Conundrums and How to Resolve Them: Hypothetical Scenarios and Practical Takeaways microphone-alt Gordon Clarke, Director, Engineering & Regulatory Affairs, Cesaroni Technology, Inc. (Canada)

Darren Riley, Founding Member, Riley Trade Law PLLC (USA) Building on the foundation set out in the pre-conference workshop, gain best practices for navigating some of the toughest classification dilemmas in the wake of new, heightened U.S. export controls.

Through a series of hypothetical scenarios, speakers will point out the nuances and lesser-known issues that can undermine the correct classification- at the design/R&D stage and beyond.

Audience members will have the opportunity to compare notes via our anonymous polling system!

10:45

• Contrasting key U.S. and Canadian export controls and their application: The finer points of compliance for controlled data, emails, social media, cloud computing and encryption controls • The latest on what should (and shouldn’t) be stored in the cloud • Establishing the scope of network access rights: New considerations and pitfalls to avoid • Updating your Technology Control Plan (TCP) and Technology Transfer Controls Plan (TTCP) • Demystifying the grey areas around “technology,” “technical data,” and “release” of technology • Heightened due diligence requirements for exporters and users of the cloud • Best practices for managing travel and data exports • The pitfalls of using centralized cloud-based platforms and how to properly utilize them • Managing the intersection of export compliance and cybersecurity • How AI and quantum computing affect your export compliance decision-making 12:30

Networking Break

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Networking Luncheon for Speakers and Delegates

1:45

3:30

China, Russia-and the Interplay of Export Controls and Sanctions: The Biggest, Most Enduring Compliance and Enforcement Risks Confronting Canadian Industry microphone-alt Kevin Riddell, Director of Trade & Regulatory Compliance, Tremco Canada Inc. Francesca Guerrero, Partner, Thompson Hine LLP (USA) Peter Jeydel, Of Counsel, Steptoe & Johnson LLP (USA) In addition to the complexities of the current landscape, this session will delve into the finer points of positioning your program in anticipation of more export, re-export and economic sanctions: • The interplay of new BIS semiconductor rules • The rapidly changing China landscape, geopolitical tensions – and the impact on due diligence and supply chain risks • The newest implications of rapidly evolving sanction on your export and reexport operations • Dovetailing sanctions compliance with your export and re-export compliance protocols • The banks’ shifting risk appetites for extending financing, credit, and authorizing more transactions • Special considerations for export and re-export transactions involving U.S.-origin technology » Best practices to ensure your export, reexport and sanctions screening processes are up-to-date 2:45

Separating Fact from Fiction: Applying the Foreign Direct Product and de minimis Rules microphone-alt Andrew McAllister, Partner, Holland & Knight LLP (USA) • Unpacking the relationship between foreign direct product and de minimis rules • What is (and isn’t) captured by the rules • ECCNs that are (and aren’t) subject to the rule • Determining if and when an item is a direct product of technology or software • How the EAR defines “knowledge”

SPECIAL FOCUS ON CYBERSECURITY, EXPORT AND REEXPORT COMPLIANCE 3:45

• Special considerations for Iran

PART ONE

Getting Ready for CMMC 2.0: Demystifying the Compliance Requirements and Overcoming Implementation Challenges microphone-alt Wendy Wagner, Partner, Gowling WLG International Eric Crusius, Partner, Holland & Knight LLP During this highly anticipated session, hear critical insights on the U.S. DoD’s Cybersecurity Maturity Model Certification (CMMC) 2.0, requiring all U.S. DoD contractors and subcontractors to undergo a third-party audit of their cyber security programs.

• DoD’s newly proposed “CMMC 2.0” regulations: what are the key issues?

• The process, limitations, and limited waivers to ensure the most comprehensive CMMC 2.0 implementation • Understanding the necessary maturity level required based on your companies involvement with DoD contracts • Analyzing the evolving changes and requirements as a result of the alignment of CMMC to NIST standard • Dispelling common misconceptions about CMMC 2.0 program requirements • Update on the CMMC 2.0 implementation schedule • Special issues and strategies for Canadian companies to satisfy CMMC requirements 4:15

Compliance Weaknesses, Violations, and Penalties Under the Microscope: The Lesser-Known Takeaways from Recent Cases Against Companies and Individuals microphone-alt Barbara Linney, Partner, BakerHostetler (USA)

• The latest BIS Know-Your-Customer (KYC) rules and guidance • Exploring the latest exceptions and exemptions that may be applicable – and the common missteps to avoid

Networking Break

Darren Riley, Founding Member, Riley Trade Law PLLC (USA) This interactive, closing session will take stock of the most important lessons learned from recent cases, and impart practical guidance for upgrading your compliance blueprint further for 2024 and beyond.

5:00

Closing Remarks from the Co-Chairs, Conference Adjourns

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Main Conference Day Two THURSDAY, JANUARY 25, 2024

8:55

10:30

Opening Remarks from the Co-Chairs

11:00

microphone-alt Ken Purchase, Senior Director, Global Trade Requirements Management, Office of General Counsel, Pratt & Whitney (Canada)

Networking Break

Evolving the Controlled Goods Program to Meet the Needs of a Changing World

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

microphone-alt Duncan Toswell, Senior Director, Controlled Goods Program, Public Services and Procurement Canada

9:00

DDTC Updates

11:45

State, Office of Defense Trade Control Policy, Directorate of Defense Trade Controls (DDTC)

9:45

Strengthening and Right-Sizing Your Compliance Program Amid Budgetary Constraints: The Newest Best Practices microphone-alt Debi Davis, Consultant, ITC Consulting Monique Laneville, Senior Director, Global Trade, Collins Aerospace (USA) Adetayo Osuntogun, Partner, Barnes & Thornburg LLP (USA) • Adapting your export and re-export compliance program to rapid geopolitical, regulatory, and more changes • Identifying new risks affecting your export and reexport operations -and determining how to best mitigate them within budgetary constraints • Striking balance between risk management vs. bottom line • How to assess, audit, and measure the effectiveness of your policies and procedures • Compliance implementation and ways to structure your program based on your evolving needs

microphone-alt Ajay Gupta, Principal Consultant, Sterling Compliance / Sterling Agility Susana Lee, Partner, Cassidy Levy Kent (Canada) LLP • Guidelines for interviewing candidates and how to analyze employee background checks and possible red flags • Key considerations for due diligence in hiring • The nuances of Dual and Third-Country national requirements under the EAR vs. ITAR • Balancing export controls with Canadian human rights and privacy laws • When to notify and seek an application 12:30

Networking Luncheon

1:00

Semiconductors and Military Applications: New and Surprising Lessons for Interpreting and Applying 15 CFR Part 744 of the EAR microphone-alt Kay Georgi, Partner, ArentFox Schiff LLP (USA)

• Updating training (and re-training) for in-person and remote teams across your company • Real-world examples of policy and process upgrades for better risk detection and management

AUDIENCE POLLING & HYPOTHETICAL SCENARIOS

The Grey Areas of Deemed Export and Reexport Compliance in Canada: Concrete Examples of How to Address Dilemmas Involving Foreign, Dual, and Third Country Nationals

microphone-alt Rob Hart, Division Chief, Regulatory and Multilateral Affairs Division, U.S. Department of

On October 17, 2023, BIS released two interim final rules (known as the “October 2023 IFRs,”) which tightened export controls on advanced computing items, semiconductor manufacturing equipment, and items that can support end uses related to the development and production of supercomputers, advanced-node integrated circuits and semiconductor manufacturing equipment.

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During this timely session, delve into the finer points of these new rules along with ones already in place, and discuss how they will affect export operations and supply chains in expected (and unexpected ways). Topics will include: • New changes to technical parameters • Expansion of ICs Controlled under ECCN 3A090 • Affirmative identification of items that “meet or exceed the performance parameters of 3A090 or 4A090” under new ECCN paragraphs and related export clearance requirements • Semiconductor Manufacturing Equipment: Removal of ECCN 3B090, transfer of entries and expansion of ECCNs 3B001 and 3B002

• 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 » Keys risks and overcoming hurdles to identifying red flags • 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

SPECIAL FOCUS ON CYBERSECURITY, EXPORT AND REEXPORT COMPLIANCE

• Expansion of End-Use Licensing Requirements in EAR § 744.23 2:00

Upgrading Third Party Due Diligence and Screening: Managing Key Risks and Red Flags That Are Harder to Detect and Mitigate microphone-alt Ian-Andrew Knowlton, Export Compliance Officer & Designated Official, NovAtel (Canada) Brenda Swick, Partner, Cassels Brock & Blackwell LLP (Canada) • Special considerations with regard to Russia and China » 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 • Re-assessing the impact of economic sanctions and evolving export controls on the scope of your due diligence and screening efforts

3:00

PART TWO

Canadian Program for Cyber Security Certification (CPCSC): The Latest Updates and Its Implications On Your Export Operations and Global Business? microphone-alt Paula Folkes-Dallaire, Associate Assistant Deputy Minister, Public Services and Procurement Canada • How Canada’s new Cybersecurity Program aligns with the CMMC -and how it is different • The prospect of mutual recognition by the U.S. under the U.S. Cybersecurity Maturity Model Certification (CMMC) • Implementation timelines and resources for Small and Medium Enterprises (SMEs) 4:00

Closing Remarks from the Co-Chairs, Conference Concludes

EARN CPD CREDITS

Continuing Professional Development Credits

EARN CLE

Continuing Legal Education Credits

This 2-day conference program can be applied towards 7 of the 9 substantive hours as well as 0 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.

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.

The same number of hours may be applied to your continuing legal educational requirements in British Columbia.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

The Barreau du Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

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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CREDITS

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/accreditation/cle/

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Four Points by Sheraton Toronto Airport 6257 Airport Road, Mississauga, ON L4V 1E4 Phone: 1-800-368-7764 or 905-678-1400

Please note that the guest room block cut-off date is December 22nd, 2023.

After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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