14th Annual Forum on
U.S. Export & Reexport Compliance FOR CANADIAN OPERATIONS
January 29–30, 2025 | Sandman Signature Toronto Airport Hotel
The Only Comprehensive, Practical Event for the Compliance Community in Canada
KEY POLICY AND ENFORCEMENT UPDATES FROM:
Robert Brookfield
Director General, Trade and Export Controls Bureau Global Affairs Canada
Paula Folkes-Dallaire
Associate Assistant Deputy Minister Public Services and Procurement Canada
BEST PRACTICES FROM LEADING EXPORTERS:
• Collins Aerospace
• Curtiss-Wright
• Thales Canada
• Westinghouse Electric Company
• GKN Aerospace
• L3Harris Technologies
• Spire Global
• Comtech
• Pratt & Whitney
• GE Aerospace
• Microsoft Canada
• Tremco Canada
• Rolls-Royce Canada
• Cesaroni Technology
Benefit from the Intensive Pre-Conference Workshops on January 28th:
Kevin Kurland
Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce
Benjamin J. Hawk
Deputy Chief for Export Control and Sanctions, Counterintelligence and Export Control Section U.S. Department of Justice
Evan Broderick
Deputy Director for ICTS, Bureau of Industry Security U.S. Department of Commerce
With so many new compliance challenges, benefit from key takeaways on:
Angle-Right New Canadian Export Controls on Quantum Computing and Advanced Semiconductors: How Canadian Industry is Responding and Defining ECL Requirements
Angle-Right China: Avoiding Missteps When Applying the FDPR and 734.4/de minimis Thresholds
Angle-Right Managing Employee Contractor/Subcontractor Engagement Under the ITAR, EAR and Controlled Goods Program: TAA Clauses, ITAR Exemptions and Deemed Reexports
Angle-Right Cloud Computing: Managing Workloads in Accordance with Controlled Goods, ECL, ITAR, and EAR
Angle-Right The Future of End User/User Rules: Military/Intelligence Proposed Rule Revisions and Extraterritorial Risks
Angle-Right The Most Complex Classification Challenges and How to Resolve Them: Practical Guidance for Navigating Canadian, ITAR and EAR Dilemmas
Workshop A
Your Updated CGP, ITAR, ECL and EAR Compliance Blueprint
Workshop B
Your Third Party and Supply Chain Due Diligence and Screening Action Plan
SPEAKERS
GOVERNMENT SPEAKERS
Evan Broderick
Deputy Director for ICTS, Bureau of Industry Security U.S. Department of Commerce
Robert Brookfield
Director General, Trade and Export Controls Bureau Global Affairs Canada
Paula Folkes-Dallaire Associate Assistant Deputy Minister Public Services and Procurement Canada
Benjamin J. Hawk
Deputy Chief for Export Control and Sanctions, Counterintelligence and Export Control Section U.S. Department of Justice
Kevin Kurland
Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce
CO-CHAIRS
Barbara Linney Partner
BakerHostetler (USA)
Wendy Thibodeaux Vice President, Export Compliance GKN Aerospace (USA)
Boris Zadkovic Director, Trade Compliance L3Harris Technologies Inc.
DISTINGUISHED FACULTY
Lynn Van Buren Global Compliance Counsel Spire Global, Inc. (USA)
Philip Cedoz Vice President, Trade Comtech (USA)
Gordon Clarke Director, Engineering and Regulatory Affairs Cesaroni Technology
Eric Crusius Partner
Holland & Knight LLP (USA)
Melissa Duffy Partner
Fenwick & West
Pierre Gilbert Export Control Manager, Controlled Goods Designated Official Rolls-Royce Canada Limited, Defence Products
Nick Kostovski Senior Import/Export Specialist Curtiss-Wright
Jennifer Leahy Senior Leader, International Trade Compliance Canada GE Aerospace
Stephan Mueller Partner Oppenhoff (Germany)
Jonathan O’Hara Partner McMillan LLP
Laura Palencia Trade Compliance Manager Thales Canada Defence and Security
Ken Purchase Senior Director, Global Trade Requirements Management, Office of General Counsel Pratt & Whitney
Nadia Qamar
Senior Manager, International Trade Compliance Collins Aerospace
Jeffrey Richardson Principal Miller Canfield
Kevin Riddell
Director of Trade & Regulatory Compliance Tremco Canada Inc.
Melanie Rosenblath
Senior Program Manager – Security Compliance Microsoft Canada Inc.
Opher Shweiki Partner
Akin Gump Strauss Hauer & Feld LLP (USA)
Clifford Sosnow Partner Fasken Martineau DuMoulin LLP
Gary Stanley President
Global Legal Services, PC (USA)
Kim Strosnider Partner
Covington & Burling LLP (USA)
Ulrika Swanson Partner
Cassidy Levy Kent (USA)
Brenda Swick Partner
Cassels Brock & Blackwell LLP
Julia Webster Partner
Baker McKenzie
Wendy J. Wagner Partner
Gowling WLG
Julia Zorzi
Head of Export Compliance
Westinghouse Electric Company (USA)
TUESDAY, JANUARY 28, 2025
Pre-Conference Workshops
9:00 am–12:30 pm (Registration opens at 8:30 am)
Your Updated CGP, ECL, EAR, ITAR and Sanctions Compliance Blueprint: A Complete Guide to the Newest, Most Pressing Risk Factors-from from China to Licensing Hurdles
This closed-door session provides a comprehensive analysis of the complex interplay between Canadian and U.S. export/reexport controls and economic sanctions. 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 this complex subject-matter area. In addition to speaker-prepared refence materials for your work after the conference, ample time will be left for invaulable Q&A!
Topics will include:
• Identifying the key program weaknesses to strengthen and update: Ensuring your 2025 compliance blueprint is up-to-date, comprehensive and actionable
• Navigating new export and reexport compliance risks amid supply chain pressures
• Understanding and recognizing classification differences between the CGP, EAR, ECL and ITARand incorporating recent changes into your licensing strategy and use of exemptions/exceptions
Kevin Riddell Director of Trade & Regulatory Compliance Tremco Canada Inc.
Nick Kostovski Senior Import/Export Specialist Curtiss-Wright
Jonathan O’Hara Partner McMillan LLP
• How to satisfy BIS and DDTC requirements to prevent EAR and ITAR license and agreement denials and RWAs
• Best strategies for monitoring export and reexport activities and maintaining compliance with economic sanctions: Making certain that policies, procedures, and systems are aligned and incorporate the latest regulatory updates.
• Optimizing recordkeeping, automation and document storage and retrieval: How exporters are upgrading their capabilities
1:30–5:00 pm (Registration opens at 1:00 pm)
A BYour Third Party and Supply Chain Due Diligence and Screening Action Plan:
Incorporating
New Export Controls, Sanctions, Forced Labour and More Requirements
From economic sanctions to forced labour laws on both sides of the border, as well as rapidly changing export controls, this session will delve into the new hurdles to properly vet prospective business and supply chain partners and how to build contingency plans in these unsteady geopolitical times.
Topics will include:
• Economic sanctions and export due diligence for third parties:
» Special considerations regarding Russia and China-related risks
Julia Zorzi Head of Export Compliance Westinghouse Electric Company (USA)
Philip Cedoz Vice President, Trade Comtech (USA)
» Re-assessing the impact of economic sanctions and evolving export controls on your supply chain
• Due diligence for third parties affected by Canadian and U.S. forced labour laws:
» Determining what is considered forced labour and examining the threshold
» Canadian compliance corollaries to UK & Australian forced labour laws
» Rebutting the U.S. presumption of forced labour
» How to investigate who is in the supply chain and what is considered appropriate evidence
• 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
• Conducting third-party audits:
» New, emerging supply chain risk factors and how to evolve your export and reexport compliance practices in response
» Revisiting the lengths and limits of questionnaires
» Audit rights: Including provisions that allow for audits to verify compliance
» Dealing with third parties who are uncooperative
» Third Party Training requirements: When to mandate training on export control regulations-and determining if and when to provide any training
5:00 Close of Workshops
WEDNESDAY, JANUARY 29, 2025
Day One
7:30 Registration and Networking Breakfast
8:45 Opening Remarks from the Co-Chairs
Wendy Thibodeaux Vice President, Export Compliance GKN Aerospace (USA)
Boris Zadkovic Director, Trade Compliance L3Harris Technologies Inc.
Barbara Linney Partner BakerHostetler (USA)
KEYNOTE ADDRESS
9:00 The Current and Future State of Canadian Unilateral Trade Policy Amid Five Eyes, AUKUS and Other Ad Hoc Plurilateral
Arrangements
Robert Brookfield Director General, Trade and Export Controls Bureau Global Affairs Canada
CANADIAN QUANTUM AND ADVANCED COMPUTING RESTRICTIONS
9:30 New Canadian Export Controls on Quantum Computing and Advanced Semiconductors: How Industry is Responding and Interpreting ECL Requirements
Canadian exporters must now navigate a complex regulatory environment to comply with Canada's new quantum and semiconductor restrictions. This session will offer key steps and best practices around updating compliance programs, upskilling staff, updating ECL classifications, licensing requirements and more risk management and due diligence measures.
• Comparing and contrasting US and Canadian requirements
• Clarifying the grey areas:
» Defining “quantum” under these new controls
Robert Brookfield Director General, Trade and Export Controls Bureau Global Affairs Canada
Brenda Swick Partner Cassels Brock & Blackwell LLP
• Technology for the development or production of semiconductor devices or microchips using Gate-All-Around Field Effect Transistor (GAAFET) structures, nanosheet, nanowire, and gate-all-around transistor technology
• Equipment designed or modified for isotropic and anisotropic dry etching, which is critical in the making of GAAFET structures
• Advanced Scanning Electron Microscope (SEM) equipment for imaging semiconductor or integrated circuits, or to perform chip design recovery meeting a specific set of metrics
• Technical specifications of products and matching them to new control list entries
» Update to Group 5 of the ECL - Item 5506 titled “Other Strategic Goods and Technology (All Destinations Other than the United States)”
• Determining if an export license is required for specific transactions
• CASE STUDY: Implementation of a robust compliance program that includes policies and procedures for identifying and controlling exports of restricted items
10:30 Networking Break
BIS and DOJ INTERVIEW
11:00 Special Update on the U.S. Disruptive Technology Strike Force Enforcement Efforts North of the Border
Kevin Kurland Deputy Assistant Secretary, Bureau of Industry and Security
U.S. Department of Commerce
Benjamin J. Hawk Deputy Chief for Export Control and Sanctions, Counterintelligence and Export Control Section U.S. Department of Justice
11:45 Managing Canadian Employee and Contractor/Subcontractor Engagement Under the ITAR, EAR and Controlled Goods Program: Avoiding Costly Missteps Around TAA Clauses, ITAR Exemptions and Deemed Reexports
• Interpreting ITAR 126.18 exemptions for intra-company transfers
» Understanding definition of a regular and non-regular employee
• ITAR 126.5 exemption: How do you meet conditions for the exemption and maintain ITAR compliance?
• What is DDTC proposing as the new definition of a “defense service” license requirement? How do you qualify for Canadian exemptions?
• HYPOTHETICAL EXERCISE: Understanding the TAA Contract Employee clause to avoid potential violations
• Do’s and don’ts for applying EAR Part 734.20/734.18 requirements and exceptions
• Practical impact of U.S. export controls on hiring and staffing decision-making
» Best practices for communications with HR
• Export control restrictions for nationals of sanctioned countries and other parties
Laura Palencia Trade Compliance Manager Thales Canada Defence and Security
Lynn Van Buren Global Compliance Counsel Spire Global, Inc. (USA)
• New privacy, anti-discrimination and human rights considerations affecting screening and export/reexport compliance
12:30
How to Apply Complex Requirements and Avoid Key Compliance Traps
Using hypothetical scenarios and audience feedback, this session will work through the complexities around how FDPR and de minimis work in practice:
• Common misconceptions around 734.9 (b) FDPR
• Reexporting products to China that incorporate U.S.-origin technology or components and the related FDPR complexities
» When you need to secure export licenses from BIS if the products or technologies are subject to U.S. export controls
• 734.4 de minimis threshold decision-making
» Tracking and reporting shipments accurately
» Working with logistics providers to manage thresholds effectively
» Valuation methods to prevent under-valuation and misclassification of goods
• Updating employee training and monitoring across your organization: Concrete examples
Ken Purchase
Senior Director, Global Trade Requirements Management, Office of General Counsel Pratt & Whitney
Ulrika Swanson Partner Cassidy Levy Kent (USA)
• HYPOTHETICAL EXERCISES: Navigating multiple layers of compliance and how these U.S. rules apply to Canadian operations
2:45 How Canadian Industry is Approaching U.S. Advanced Semiconductor Rule Compliance and October 2023 Rule Update Challenges- and Beyond
During this timely session, delve into the finer points of the rules along with ones already in place, and discuss how they will affect export operations and supply chains in expected (and unexpected) ways. The discussion will also cover the parallels with Canadian semiconductor restrictions.
Topics will include:
• New changes to technical parameters
• Expansion of ICs Controlled under ECCN 3A090
Melissa Duffy Partner
Fenwick & West (USA)
Julia Webster Partner
Baker McKenzie
• 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
• Expansion of End-Use Licensing Requirements in EAR § 744.23 3:30
• How circumvention and diversion schemes are evolving-and the newest warning signs
• Recent schemes and how the were uncovered
• Conducting thorough due diligence on partners and suppliers
• Monitoring and auditing transactions and supply chains
• Staying updated on sanctions lists and regulatory changes
• When to seek outside counsel
• Dovetailing export and sanctions risk detection
During this highly anticipated session, delve into the practical and legal consequences for you as a Canadian employer if your U.S. employee fails to comply with these ITAR and EAR licensing requirements.
Jennifer Leahy Senior Leader, International Trade Compliance Canada GE Aerospace USA
Clifford Sosnow Partner
Fasken Martineau DuMoulin LLP
Barbara Linney Partner
BakerHostetler (USA)
Gary Stanley President
Global Legal Services, PC (USA)
• Clarifying ITAR and EAR licensing requirements for U.S. persons working abroad: What restrictions apply to the types of activities in which the U.S. employee can engage?
• Navigating the road mines in State/DDTC’s updated Guidance for USPAB Authorization Requests (Revision 2.0) as of 09/03/2024, especially with respect to U.S. employees’ furnishing defense services to your vendors, subcontractors, actual or potential customers, or other foreign entities with whom your U.S. employee may work directly
• Demystifying the “alphabet soup” of categories in Commerce/BIS new licensing requirements on U.S. person controls
• Guiding your U.S. person employees to obtain authorization to work on development projects under the ITAR and EAR licensing requirements
5:30 Close of Day One
THURSDAY, JANUARY 30, 2025
Day Two
8:45 Opening Remarks from the Co-Chairs
Wendy Thibodeaux Vice President, Export Compliance GKN Aerospace (USA)
Boris Zadkovic Director, Trade Compliance L3Harris Technologies Inc.
Barbara Linney
(USA)
9:00 Keynote Address
Stay tuned for an exciting announcement!
CLOUD COMPUTING AND AI
9:30 The Multi-Jurisdictional AI and Cloud Computing Landscape and the Interplay with Export Controls: The Real-World Impact of U.S., EU and German Regulatory Efforts, and the Key Differences with Canadian Requirements
• Canada:
» Performing security categorization: Attributing "High Watermark" risk profiles of cloud security
» Cloud security control profile selections
» Determining scope of security responsibility for various cloud service models
» Performing security assessments
• The U.S. AI EO and new cloud provider requirements: BIS cloud-specific details, including cloud ”Infrastructure as a Service” provisions and cloud reporting requirements
» Proposed reporting requirements for Frontier AI Developers and Cloud providers
» Is providing computational capacity service an export?
» Are deemed export licenses needed for foreign national IT administrators?
» Who is considered the “exporter” of the cloud content, the user or cloud provider?
» Managing export controls around provision of access information (keys)
• The EU AI Act:
» What is the definition of an “artificial intelligence system”?
• Defining DIGITALEUROPE EU export control guidelines:
» The definition of “export” when encrypted technology is sent outside of the EU
» The definition of software “exports” when the software is provided as a service (SaaS)
• Germany:
» Managing compliance around “potential access” to controlled tech/software
Wendy J. Wagner Partner Gowling WLG
Stephan Mueller Partner
Oppenhoff (Germany)
Opher Shweiki Partner
Akin Gump Strauss Hauer & Feld LLP (USA)
» The technologies' potential misuse in violation of human rights, including restricting fundamental freedoms
10:30 Networking Break
Day Two January 30, 2025
CHINA THINK TANK #2: TRICKY SCENARIOS (HYPOTHETICALS AND AUDIENCE POLLING)
10:45 The Future of Foreign Military, Security, and Intelligence End Use/User Rules: Proposed Rule Revisions and Mitigating New Extraterritorial Enforcement Risks
• Proposed end use and end user-based controls revisions
» Proposed addition of Intelligence End User Rule (IEU)
» Proposed addition of Foreign-Security End User Rule (FSEU)
» New and expanded U.S. Person Activities controls
» Revisions to the definition of U.S. person “support”
» New and updated license review policies: Applications submitted under the new and revised MEU, MSEU, and IEU Rules, and corresponding U.S. person activities controls
• New destination-based controls for certain Facial Recognition Systems
• Understanding the extraterritorial due diligence needed behind MEU revisions
• Proposed destination-based controls for certain Facial Recognition Systems
Boris Zadkovic Director, Trade Compliance L3Harris Technologies Inc.
Kim Strosnider Partner
Covington & Burling LLP (USA)
• How industry is updating screening, compliance policies and procedures: What are best practices?
• Getting previous Returned Without Action (RWA) notices approved:
» Hypothetical Scenario: What do you do if a customer’s subcontractor ends up on the MEU list, even if they have no military intent? How do you prove to BIS that this subcontractor will avoid military activities to get your RWA approved?
• License applications, approvals, and denials: What are the lessons learned from ever-evolving trends?
• 11:45 Industry Roundtables
During this session, attendees will split up and select their preferred roundtable. Each table will have an industry-focused, smaller- group discussion with key takeaways for your work after the conference.
Angle-Right Aerospace & Defence
Angle-Right Technology
Angle-Right Manufacturing
Angle-Right Logistics
Angle-Right Automotive: Export Compliance Experts and Managers Share Their Best-Practices in a Roundtable Setting
• Comparing and contrasting the U.S. and Canadian landscapes: Essential compliance requirements for controlled data and cloud computing
» Using cloud services and SaaS tools in compliance with Canada’s Controlled Goods Program
• Best practices and customer-side configurations
» Considerations and pending guidance around use of cloud services for exportcontrolled workloads managed by Canadian industry (Canada's ECL, U.S. EAR and ITAR controls) - specifically, data processing outside of Canada
» Assessing the significance of cloud enablement to support data protection and digital transformation for government and industry
Melanie Rosenblath
Senior Program Manager – Security Compliance
Microsoft Canada Inc.
Pierre Gilbert
Export Control Manager, Controlled Goods Designated Official Rolls-Royce Canada Limited, Defence Products
» Assessing BIS proposals that U.S. cloud service providers report to the BIS when foreign customers use their services to train large artificial intelligence (AI) models
ICTS FIRESIDE CHAT
2:30 The Office of Information and Communications Technology and Services (OICTS) Technology Restriction Priorities and Expectations
Evan Broderick Deputy Director for ICTS, Bureau of Industry Security U.S. Department of Commerce
3:00 Networking Break
3:15 The Most Complex Classification Challenges and How to Resolve Them: Practical Guidance for Navigating Canadian,
ITAR and EAR Dilemmas
During this in-depth session, experts will walk you through some of the most vexing requirements and the key classifications missteps to avoid before it’s too late.
The scenarios will cover key challenges, including:
• What is (and isn’t) “specially designed”?
• Practical approaches to streamlining your compliance classification process
• 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
Gordon Clarke Director, Engineering and Regulatory Affairs Cesaroni Technology
Nadia Qamar
Senior Manager, International Trade Compliance Collins Aerospace
• 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 and CPG
• How to handle opposing or different classifications from one country to the next
4:30 CMMC 2.0 and CPCSC Maturity: Demystifying Compliance Requirements, Overcoming Implementation Challenges and Understanding Canadian/US Regulatory Parallels
• DoD’s “CMMC 2.0”:
» The process, limitations, and limited waivers to ensure the most comprehensive CMMC 2.0 implementation
» Understanding the necessary maturity level required based on your company’s involvement with DoD contracts
» Analyzing the evolving changes and requirements because of the alignment of CMMC to NIST standard
» Dispelling common misconceptions about CMMC 2.0 program requirements
» Special issues and strategies for Canadian companies to satisfy CMMC requirements
• Canada’s Program for Cyber Security Certification (CPCSC):
Paula Folkes-Dallaire
Associate Assistant Deputy Minister Public Services and Procurement Canada
Eric Crusius Partner
Holland & Knight LLP (USA)
» 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)
» How Canada’s new Cybersecurity Program aligns with the CMMC and how it's different
» Implementation timelines and resources for Small and Medium Enterprises (SMEs)
5:15 Close of Conference
Upcoming Events
GLOBAL ECONOMIC SANCTIONS
GLOBAL ENCRYPTION, CLOUD & CYBER EXPORT CONTROLS
February 26 – 27, 2025 | Toronto, ON
Continuing Professional Development Credits
EARN CPD CREDITS
This 2-day conference program can be applied towards 7.5 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 3.0 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.
Continuing Legal Education Credits
EARN CLE 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/accreditation/cle/
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