Distinguished Faculty
GOVERNMENT SPEAKER FACULTY
Matthew Borman
Deputy Assistant Secretary for Export Administration, Bureau of Industry and Security U.S. Department of Commerce
Eun Young Choi
Deputy Assistant Attorney General for National Security U.S. Department of Justice
Dan Clutch
Deputy Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce
John Sonderman Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce
Michael J. Vaccaro
Deputy Assistant Secretary Directorate of Defense Trade Controls (DDTC)
CO-CHAIRS
Keith Huffman
Chief Legal Counsel, Export Control SAP
Joanne Rapuano
Senior Counsel, Global Trade & Compliance Safran
Kevin Wolf Partner
Akin Gump Strauss Hauer & Feld LLP
KEY INSIGHTS AND BEST-PRACTICES FROM:
Stephan Becker Partner
Pillsbury Winthrop Shaw Pittman LLP
Arthur-Bottles Browne Senior Manager, International & Export Control Governance BAE Systems (UK)
Kathy Canaan Global Director, Trade Compliance Fluor Corporation
Giovanna M. Cinelli Partner
Morgan Lewis & Bockius LLP
Sven De Knop Partner
Sidley Austin LLP (EU)
Jana del-Cerro Partner Crowell & Moring
Brian J. Egan Partner
Skadden, Arps, Slate, Meagher & Flom LLP (USA)
Ibie Falcusan
Assistant General Counsel, Head of Global Trade and Ethics Weatherford
Erika Faulkenberry Global Head, Trade Compliance Biogen
Matthew Fogarty Senior Counsel, Trade General Motors
Kay C. Georgi Partner, International Trade & Investment
ArentFox Schiff
Aaron Gevers
Senior Counsel, GPS Law Bristol Myers Squibb
Eva Hampl
Senior Director, Global Government Affairs
Dell Technologies
Jahna Hartwig Senior Counsel
Wilson Sonsini Goodrich & Rosati
Marwa Hassoun
Assistant General Counsel, Trade and Compliance
TE Connectivity
Steve Johnsen
Vice President, International Trade Compliance
Diana Iskelov Director and Senior Counsel BNP Paribas
Ethan LaKate Legal Director, Compliance and Trade Dell
Jennifer Maki Senior Director, Trade & Legal Compliance Applied Materials
Elizabeth Murray Marquez Global Compliance Director Keysight Technologies
Bart M. McMillan Partner Baker McKenzie
Michael Mellen Director, International Trade Compliance Sikorsky, a Lockheed Martin Company
Kathleen Palma Vice President, Global Trade Controls
Boeing
Shama Patari
Executive Director, Legal, Government Relations and Global Trade Regulation Lenovo
Beth Peters Partner Hogan Lovells LLP
Daniel B. Pickard Shareholder
Buchanan Ingersoll & Rooney PC
Anthony Rapa Partner Blank Rome
David A. Ring Partner Wiggin and Dana LLP
Michelle Schulz Partner
Schulz Trade Law, PLLC
Waqas Shahid
Vice President, Forensic Services
Charles River Associates (CRA)
Neena Shenai
Senior Legal Director & Chief Counsel for Global Trade Medtronic
Julia Sorrentino
Senior Counsel & Director, Corporate Global Trade Raytheon Technologies
Chris Stagg Attorney Stagg PLLC
Dheeraj Thimmaiah
Global Director, Product Management and Strategy Anheuser-Busch InBev
Richard Tornberg
Group Legal Counsel Trade Comp
Richard Tornberg, Group Legal Counsel Trade Compliance Ericsson AB
Diana Urelius
Senior Manager, Trade Compliance Mitsubishi Logisnext Americas Inc.
Lynn Van Buren
Global Compliance Counsel Spire Global, Inc.
Bob Vander Lugt Partner
Little, Rothwell & Vander Lugt, PLLC
Sarah York
Senior Counsel, International Trade Compliance GE Aerospace
Bayer
Lori Romero Director and Trade Counsel L3Harris
Bing Xu
Chief Counsel, Global Trade Controls
Rolls-Royce North America
DAY ONE
Wednesday, February 28, 2024
7:30 Registration and Continental Breakfast
8:45
Co-Chairs’ Opening Remarks
microphone-alt Keith Huffman, Chief Legal Counsel, Export Control, SAP
Joanne Rapuano, Senior Counsel, Global Trade & Compliance, Safran
Kevin Wolf, Partner, Akin Gump Strauss Hauer & Feld LLP
THE FUTURE OF MULTILATERAL AND PLURILATERAL EXPORT CONTROLS
9:00
The Need for Creation of a New Export Control Regime: AUKUS Pillar II, and ad hoc Plurilateral Arrangements
MODERATED BY:
microphone-alt
Kevin Wolf, Partner, Akin Gump Strauss Hauer & Feld LLP
Michael J. Vaccaro, Deputy Assistant Secretary, Directorate of Defense Trade Controls (DDTC)
Matthew Borman, Deputy Assistant Secretary for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
STRATEGY SESSION #1 (Hypothetical Scenarios and Audience Polling)
9:45
Making the Toughest Calls on China: Fine Tuning Your Export Compliance Strategy in Response to Tightening Restrictions and an Intensifying Geopolitical Landscape
microphone-alt Aaron Gevers, Senior Counsel, GPS Law, Bristol Myers Squibb
Kay C. Georgi, Partner, International Trade & Investment, ArentFox Schiff
Bing Xu, Chief Counsel, Global Trade Controls, Rolls-Royce North America
Shama Patari, Executive Director, Legal, Government Relations and Global Trade Regulation, Lenovo
What are the emerging barriers to getting your team up to speed on evolving China export compliance decision-making? What are the mission-critical points to address when upskilling your team around the needs for continuous updating control programs? Using hypothetical scenarios and audience polling, this session will delve into key challenges, including:
FDPR:
• Avoiding key pitfalls when applying the FDPR
• Foreign Direct Product Rule (FDPR)/advanced computing export controls rules
• de minimis threshold decision-making
» How do you tighten up compliance oversight around third-party due diligence procedures?
» Conducting gap analysis: Updating your compliance program protocols to make sure legal, engineering, and trade compliance are all in the loop
• Employee training and monitoring
» Has the company provided tailored training for high-risk and control employees?
» What resources have been available to employees to provide guidance?
• Conducting gap analysis: Updating compliance programs to make sure legal, engineering, and trade compliance are all in the loop with new controls
• Third-party management
» What to do with information uncovered during the third-party vetting process: How to evaluate red flags
10:45 Networking Break
EXPORT ENFORCEMENT PRIORITIES AND EXPECTATIONS
11:00
The Present and Future of U.S. Export Control Enforcement
MODERATED BY:
microphone-alt Anthony Rapa, Partner, Blank Rome
Dan Clutch, Deputy Director, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce
CASE STUDIES: The Lengths and Limits of LEVERAGING DATA ANALYTICS AND AI IN EXPORT RISK MITIGATION
11:45
How to Build Out an Internal Data Analytics Plan for Export Risk Mitigation Capabilities
microphone-alt Dheeraj Thimmaiah, Global Director, Product Management and Strategy, Anheuser-Busch InBev
Jahna Hartwig, Partner, Wilson Sonsini Goodrich & Rosati
• In-house data analytics
» How to know if the data captured is clean and accurate
» How not to use actual trade data or metrics to make trade determinations
• Analytics and AI for export controls
» New ECCNs
» New countries
» Licenses applied correctly
» Reporting/license discrimination
• Analytics for sanctions: Reviewing countries
» Denied parties
- How long will it take to decide?
- Documentation
- Potential match rate – Too high/low – Self binding
REGISTER NOW AmericanConference.com/Global-Export-Controls • 888 224 2480 a C5 Group Company Business Information in a Global Context
CogCog
12:30 Networking Lunch
CORPORATE, EMPOWERED OFFICIAL AND INDIVIDUAL LIABILITY (Audience Polling)
1:45
Evaluating New, Emerging Corporate and Individual Liability Risks for Export and Sanctions Violations: The Most Critical EAR, ITAR and OFAC Penalty Risks Facing Trade Compliance Management Professionals
microphone-alt Matthew Fogarty, Senior Counsel, Trade, General Motors
Daniel B. Pickard, Shareholder, Buchanan Ingersoll & Rooney PC
During this interactive session, hear from leading practitioners on the most pressing, big-ticket corporate and individual liability risks. Through hypothetical scenario exercises and audience polling, take away best practices for re-positioning yours or your clients’ risk profiles in response to newfound challenges and government enforcement priorities.
• Audience polling: Addressing corporate and individual liability risk management pain points
• Takeaways from recent OFAC, DDTC and BIS settlements
• How to minimize your exposure to rising individual liability risks for export violations: Making sure your team understands the anticipated increased enforcement arena
• First-hand insights on how to cooperate with DDTC, BIS and OFAC, and establish positive relationships
• Evaluating whether the conduct at issue in the prior and current matters reflects broader weaknesses in a corporation’ s compliance culture or practices
• Corporate cooperation credits: Preserving, collecting, and disclosing relevant documents located both within the United States and overseas
CogCog
2:45
Compliance
Program Case Studies: Behind the Scenes of Best and Worst Case Scenarios
microphone-alt Julia Sorrentino, Senior Counsel & Director, Corporate Global Trade, Raytheon Technologies
Jennifer Maki, Senior Director, Trade & Legal Compliance, Applied Materials
Beth Peters, Partner, Hogan Lovells LLP
CASE STUDY #1: Compliance Program Resource Buy-In: Amid Budgetary Pressures
• Proving to senior management how a compliance culture can:
» Help improve company reputation/strategic investment/competitive advantage
» Prevent delays in business processes (i.e., preventing licensing delays, seizure of shipments, freezing of funds)
» Ensure compliance with contractual requirements imposed by banks, insurance companies, and other third parties via representations and avoid contract breaches
» Reduce potential exposure to significant penalties for violations (civil and criminal penalties, and suspension/denial of export privileges
» Knowing violations around strict liability and personal liability
CASE STUDY #2: Staffing Your Compliance Team and Avoiding INA Pitfalls
Amid continued DOJ enforcement of the Immigration Reform and Control Act anti-discrimination provisions, how can companies comply with U.S. export control laws?s
• Intricacies and process pointers for compliance managers around export control and sanctions-related staffing and resourcing using best-in practice industry case examples
• Minimizing the risk of conflating employment-eligibility verification efforts with export control compliance
• Employment verification: HR, Legal
» USCIS I-9
» Export assessment: Legal/compliance, key functions within the company
CASE STUDY #3: Upskilling Your Team Around Managing Authorizations,
Provisos, and Limitations
• Adherence to requirements
» Ensuring that scope and restrictions can be implemented as contemplated
» Avoiding “death by proviso”
» Determining which conditions can be automated (e.g., access controls) and what needs to be manual (e.g., training, compliance plans)
• Assigning key compliance tasks to organizational structures to implement as applicable, including:
» Accounting, credit, finance
» Logistics/supply chain
» Purchasing
» Contract manufacturing
» Marketing, sales, contracts, customer service
» Human resources
» Legal
» Engineering/R&D
» Information technology
4:00 Networking Break
MULTI-JURISDICTIONAL COMPLIANCE IN PRACTICE: A REAL-LIFE REVIEW OF “HITS AND MISSES” AND THEIR DEEPER LESSONS
4 | LINKEDIN American Conference Institute
4:15
How Compliance Decision-Makers are Dovetailing Multi-Jurisdictional Export Requirements for Effective Global Compliance Program Customization
microphone-alt Richard Tornberg, Group Legal Counsel Trade Comp Richard Tornberg, Group Legal Counsel Trade Compliance, Ericsson AB
Sarah York, Senior Counsel, International Trade Compliance, GE Aerospace
Jana del-Cerro, Partner, Crowell & Moring
Eva Hampl, Senior Director, Global Government Affairs, Dell Technologies
During this session, benefit from advanced-level case studies and cross-industry perspectives on current and anticipated export control enforcement in the U.S., EU and UK. Understand how to customize your compliance program for different global jurisdictions through peer-to-peer, crossindustry benchmarking exercises.
• Incorporating the multitude of recent global export controls developments into your program
• Identifying the tools that your team can use to best address significant non-multilateral compliance risks
• How U.S. export control reform and developments overlap/impact with UK and EU regulatory frameworks and how this intersection increasingly requires compliance protocol updates
wine-glass
5:00
CHAMPAGNE ROUNDTABLES
Select your table and engage in worthwhile, smaller group discussion, benchmarking and Q&A:
AEROSPACE & DEFENSE
Roundtable Leader:
microphone-alt Julia Sorrentino, Senior Counsel & Director, Corporate Global Trade, Raytheon Technologies
This roundtable will feature discussion of the critical EAR, ITAR, anti-boycott, and OFAC export and sanctions compliance approaches that are working for today’s aerospace and defense leaders.
LIFE SC IENCES
Roundtable Leaders:
microphone-alt Steve Johnsen, Vice President, International Trade Compliance, Bayer
Neena Shenai, Senior Legal Director & Chief Counsel for Global Trade, Medtronic
During this sector-specific session, industry players share best practices around screening entities, conducting business in sensitive regions, pre-approval licensing requirements, and the high stakes risk factors that are specific to the life sciences companies.
FINANCIAL SECTOR AND EXPORT FINANCE
Roundtable Leader:
microphone-alt Diana Iskelov, Director and Senior Counsel, BNP Paribas
Leverage this working group to benchmark with your financial-sector peers around the newest export controls and economic sanctions risks affecting financing and transaction approvals.
TECHNOLOGY & TELECOM
Roundtable Leaders:
microphone-alt Marwa Hassoun, Assistant General Counsel, Trade and Compliance, TE Connectivity
Ethan LaKate, Legal Director, Compliance and Trade, Dell
The Advanced Semiconductor Rule, the new “Cyber Rule” for intrusion software, new EAR rules on Russia and Belarus, cloud and cyber controls, and multilateral technology export controls are just a few of the tech sector-specific compliance speedbumps to be discussed.
ENERGY SECTOR
Roundtable Leader:
microphone-alt Ibie Falcusan, Assistant General Counsel, Head of Global Trade and Ethics, Weatherford
Join this roundtable discussion to learn how your energy sector peers are managing export compliance operations and the broader business implications.
6:00 Close of Day One
DAY TWO
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SUPPORTING SPONSOR
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hands-helping
Thursday, February 29, 2024
8:00 Registration and Continental Breakfast
8:45
Co-Chairs’ Opening Remarks
microphone-alt Keith Huffman, Chief Legal Counsel, Export Control, SAP
Joanne Rapuano, Senior Counsel, Global Trade & Compliance, Safran
Kevin Wolf, Partner, Akin Gump Strauss Hauer & Feld LLP
9:00 KEYNOTE ADDRESS
Corporate Criminal Enforcement Policies and Priorities
microphone-alt Eun Young Choi, Deputy Assistant Attorney General for National Security, U.S. Department of Justice
RUSSIA
9:30
The Next Phase of Russia Sanctions and Export Compliance: Positioning Your Program, People and Training to Tackle the Knowns (and Unknowns) of What’s Ahead
microphone-alt Erika Faulkenberry, Global Head, Trade Compliance, Biogen
Kathy Canaan, Global Director, Trade Compliance, Fluor Corporation
Stephan Becker, Partner, Pillsbury Winthrop Shaw Pittman LLP
• Identifying your critical compliance needs for the next 12 months and beyond: Aligning compliance and business priorities amid supply chain and other pressures
• Positioning your program in anticipation of intensifying restrictions and more uncertainty
• How geopolitical instability is affecting short, medium and long term compliance decision-making
• The impact of OFAC, OFSI and EU developments and General Licenses: Scope and limitations
• The aftermath of Russian countermeasures
10:30 Extended Networking Break
STRATEGY SESSION #2 (Audience Polling)
11:00
The Heightened Interplay of Export Controls and Economic Sanctions –and the Evolution of Your Risk Assessment and Compliance Priorities
microphone-alt Kathleen Palma, Vice President, Global Trade Controls, Boeing
Ibie Falcusan, Assistant General Counsel, Head of Global Trade and Ethics, Weatherford
Giovanna M. Cinelli, Partner, Morgan Lewis & Bockius LLP
Using case study examples and audience polling, panelists will take the audience through the evolution of their sanctions and export control compliance programs; risk assessments used, lessons learned, and other hallmarks of a best-in-class approach to compliance programs, third-party and supply chain management
12:00 Networking Luncheon
VOLUNTARY DISCLOSURES AND PENALTY AMOUNTS
1:15
The Changing Impact of Voluntary Disclosures on Settlement and Penalty Outcomes: What Recent Cases Reveal About the Lengths and Limits of Mitigation
microphone-alt John Sonderman, Director, Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce
Bart M. McMillan, Partner, Baker McKenzie
• To disclose or not disclose (voluntary, when it’s not really optional, benefits, costs/risks)
• BIS guidance and policy: Tri-Seal Compliance Notes
» Basic principles and steps
» Thorough, robust, transparent, and clear
» Immediate triage and action, internal review, compliance program and improvements, corrections, report
• Other agency issues (e.g., DDTC, OFAC, Census)
• BIS review and process: Case resolution
• Recent cases
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DATA PROTECTION
2:00
Protecting EAR and ITAR-Controlled Technical Data Overseas: Upskilling Compliance Teams and Understanding the Practicalities That Work
microphone-alt
Lynn Van Buren, Global Compliance Counsel, Spire Global, Inc.
Michelle Schulz, Partner, Schulz Trade Law, PLLC
Derek Hawn, Senior Manager, Global Export Compliance, Nissan North America
Waqas Shahid, Vice President, Forensic Services, Charles River Associates (CRA)
During this highly practical roundtable discussion, compliance leaders will share concrete examples for updating your technical data, R & D and HR policies and procedures amid export control reform, CCL migration and newfound data enforcement risks. Please bring your questions, as this session is designed as an interactive discussion on critical issues affecting your team.
RISING REPUTATIONAL RISKS
3:15
Lessons (and Stories) from the Trenches
microphone-alt
David A. Ring, Partner, Wiggin and Dana LLP
Diana Urelius, Senior Manager, Trade Compliance, Mitsubishi Logisnext Americas Inc.
Lori Romero, Director and Trade Counsel, L3Harris
Elizabeth Murray Marquez, Global Compliance Director, Keysight Technologies
• How the intensifying political spotlight on export and sanctions is hyperdriving reputational risks
• Wait, what, Congress wants to investigate my export classifications?
• What to do when the NYT calls or your nemesis blogger posts about how your products ended up – where?!?
• What happens once your government investigation becomes public … or (worse) your enforcement action becomes public?
• How to fortify against risks – and sleep at night
4:00 CLOSING ROUNDTABLE
More Predictions of What’s Ahead in 2024 – and Beyond
microphone-alt
Keith Huffman, Chief Legal Counsel, Export Control, SAP
Joanne Rapuano, Senior Counsel, Global Trade & Compliance, Safran
Kevin Wolf, Partner, Akin Gump Strauss Hauer & Feld LLP
4:45 Close of conference
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