14th Annual Advanced Forum on Global Export Controls - DS

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14th Annual Advanced Forum on

GLOBAL EXPORT CONTROLS

February 25 – 26, 2025

Hilton Towers Arlington Arlington, VA

The Premier Event for Export Compliance Decision-Makers

Government Faculty Includes:

Eun Young Choi Deputy Assistant Attorney General, National Security Division U.S. Department of Justice

Benchmark with Leaders from:

• ASML

• Applied Materials

• GE Aerospace

• RTX

• Northrop Grumman

• BAE Systems

• Intel

• Boeing

• Biogen

Associate Sponsor

Kevin Kurland Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce

• L3 Harris Technologies

• TE Connectivity

• Honeywell

• General Dynamics

• Avon Protection

• Leonardo DRS

• Qorvo

• Palladyne AI Corp.

• Hewlett Packard Enterprise

Michael J. Vaccaro Deputy Assistant Secretary of State for Defense Trade Controls U.S. Department of State

The Only Comprehensive, Advanced-Level Conference on Making the Toughest Legal and Compliance Calls:

CHEVRON-RIGHT Avoiding the “Hyper-Compliance” Trap: How Far You Need to Go to Optimize Compliance Program ROI (and How Far is Too Far)

CHEVRON-RIGHT The Changing Impact of Voluntary Disclosures on Settlement and Penalty Outcomes

CHEVRON-RIGHT HIGH STAKES DECISIONS: Quantum Computing/Advanced Technologies Classification and Making the Trickiest Calls on China

CHEVRON-RIGHT CASE STUDIES on:

Check Consent Agreements

Check Ensuring Program Agility for Rapid, “Overnight” Response

Check Aligning Government Contract Performance and Export Compliance

SPEAKER FACULTY

GOVERNMENT FACULTY:

Kevin Kurland

Deputy Assistant Secretary, Bureau of Industry and Security

U.S. Department of Commerce

Eun Young Choi

Deputy Assistant Attorney General, National Security Division

U.S. Department of Justice

Raj Parekh

Chief of Corporate Enforcement

U.S. Department of Commerce

Michael J. Vaccaro

Deputy Assistant Secretary of State for Defense Trade Controls

U.S. Department of State

John Sonderman

Director, Office of Export Enforcement, Bureau of Industry and Security

U.S. Department of Commerce

Cathleen Ryan

Director, Office of Antiboycott Compliance, Bureau of Industry and Security

U.S. Department of Commerce

Paul Ahern

Chief Counselor for Enforcement, Office of Terrorism and Financial Intelligence (TFI)

U.S. Department of Treasury

Artie McConnell

Deputy Chief, National Security and Cybercrime Section, Counterintelligence and Export Control Coordinator

United States Attorney’s Office, Eastern District of New York

Kentaro Mukai

Counselor, Economic Section Embassy of Japan

CO-CHAIRS:

Patricia Byrne

Vice President & Chief Counsel, International Trade Compliance BAE Systems

Erika Faulkenberry

Global Head, Trade Compliance Biogen

Kay C. Georgi

Partner, International Trade & Investment

ArentFox Schiff LLP

Christine Lee Global Head of Compliance Qorvo

DISTINGUSHED FACULTY:

Sarah Black Perry Director & Assistant General Counsel – Global Trade RTX

Bob Bowen

Export and Trade Compliance Counsel ServiceNow

Eric Carlson Partner Covington & Burling LLP

Jared Clark

Senior Manager, Legal and Compliance, Export Controls and Sanctions ASML

Nicole D’Avanzo

Assistant General Counsel and Director General Dynamics

Jana del-Cerro Partner Crowell & Moring LLP

Angela Gamalski Partner Honigman LLP

Marwa Hassoun Associate General Counsel, Trade Services TE Connectivity

Stephana J. Henry Global Trade Counsel Hewlett Packard Enterprise

Alexandra Landis

Senior Counsel, Director of Compliance and Export Controls Palladyne AI Corp.

Thaddeus McBride Partner

Bass Berry & Sims PLC

Jill McClune General Counsel, US Avon Protection Systems

Celia Merzbacher

Executive Director Quantum Economic Development Consortium

Laura Molinari

Executive Director, Global Trade Controls Boeing

Amy Morgan

Vice President, Head of Trade Compliance Altana AI

Liz Owerbach

Director & Senior Corporate Counsel, Global Trade Salesforce

Beth Peters Partner Hogan Lovells

Renata Rice

Director, International Trade Northrop Grumman

Joshua L. Richter

Senior Director, Trade Compliance Leonardo DRS

Lori Romero

Senior Counsel, Trade Controls L3Harris Technologies

Lori Scheetz Partner Wiley Rein LLP

Hena Schommer Director, Trade Legal Applied Materials

Heather Sroka Senior International Trade Counsel Intel

Dr. Chris Timura Partner Gibson Dunn & Crutcher LLP

Kevin Wolf Partner

Akin Gump Strauss Hauer & Feld LLP

Sarah York

Senior Counsel, International Trade Compliance GE Aerospace

Christina Zanette

Assistant General Counsel, Export Compliance Honeywell

PRE-CONFERENCE WORKSHOP A

Monday, February 24, 2025

9:00 a.m.–12:30 p.m. (Registration opens at 8:30 a.m.)

End Use/User Compliance Masterclass: Resolving the Trickiest Dilemmas Around Current and Proposed EAR and ITAR Rules

As BIS and DDTC continue to evolve military intelligence, security end users and U.S. persons support restrictions, how can exporters best prepare for proposed rule revisions? What type of due diligence should be done to identify the most mission-critical end user risks? This Workshop will help you work through the most critical pain points as these proposed revisions continue to evolve. In addition to speaker-prepared refence materials for your work after the conference, ample time will be left for invaluable Q&A!

Topics will include:

• License submission and review standards: Trends, lessons learned, general advocacy, and navigating transactions that trigger a presumption of denial

• Recent EAR and ITAR revisions: Examining substance, impact and strategies for adjusting existing programs to address changes

» Evolving approaches to semiconductors and computing

» AUKUS changes

» Updates to key definitions (“defense service,” “support,” “military production activities,” etc.)

» Proposed addition of Intelligence End-Use(r) (IEU) and Foreign Security End-Use(r) (FSEU) Rules

Alexandra Landis Senior Counsel, Director of Compliance and Export Controls Palladyne AI Corp.

Lori Scheetz

Partner

Wiley Rein LLP

Lori Romero Senior Counsel, Trade Controls

L3Harris Technologies

» Are there incremental ways of adding or changing existing procedures to ensure you’re adjusting for increased risk?

• Due diligence: Bolstering existing practices to keep pace with evolving regulatory demands while supporting business needs

» What is “enough” due diligence?

» Gauging and avoiding risk associated with “military-ness” of end-user and/or end-use

» Due diligence tools: Augmenting your program with tools that run the gamut of cost, complexity and user-friendliness

• Advocacy and engagement with enforcement, license authorities, and internal leadership

» Approaching every submission and engagement as an act of advocacy

» How to increase buy-in from internal and cross-functional leadership for additional resources

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.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE

EARN CLE CREDITS

PRE-CONFERENCE WORKSHOP B

Monday, February 24, 2025

1:30 p.m.–5:00 p.m. (Registration opens at 1:00 p.m.)

An Updated Roadmap to Making High Stakes, Time Sensitive Decisions – from Internal Investigations, to Voluntary Disclosures, Whistleblowers and Consent Agreements

During this “closed door,” smaller-group session, speakers and participants will discuss the finer points of managing a compliance program under pressure, mitigating the risk of penalties, determining the scope of an internal investigation, and when to submit a voluntary disclosure.

At the end of this workshop, you will walk away with practical insights that will support your role as a decision-maker for your organization.

Topics will include:·

• Preventative Maintenance and Avoiding Violations:

» Appropriate resourcing and export control program foundations

» Management of export-controlled information

» Open reporting and motivating employee engagement

» Regular auditing and reviews of company operations and the company’s compliance program

• Lifecyle of a Voluntary Disclosure: Conducting Investigations and Best Practices

» Determining who needs to know and when

» Maintaining confidentiality while conducting comprehensive investigations

» Ensuring the internal investigation is scoped and resourced properly

» Writing a “regulator-friendly” disclosure

Sarah York Senior Counsel, International Trade Compliance GE Aerospace

Thaddeus McBride

Partner

Bass Berry & Sims PLC

• Whistleblower Considerations: Trends and Specific Challenges in the Export and Sanction Compliance Contexts

» Action plans for handling the complaint, interviews and litigation risk

» How to mitigate risk around whistleblowers that bring False Claims Act-related complaints

» Asia Pacific-related whistleblower report trends

» Preventing Retaliation: Continuing to monitor the whistleblower relationship and to keeping records of management decisions

» Remedial measures, root cause determinations and creating effective and achievable corrective actions

• Enforcement Action Preparation: Consent Agreements and NewConsiderations

» Building the right internal negotiation team

» Mitigation considerations

» Key risk areas as identified by recent enforcement actions

CONFERENCE DAY ONE

Tuesday, February 25, 2025

7:30

8:30 Co-Chairs’ Opening Remarks

Patricia Byrne Vice President & Chief Counsel, International Trade Compliance BAE Systems

Erika Faulkenberry Global Head, Trade Compliance Biogen

Organized and a great mix of topics for an advanced conference. Love having the USG present on relevant & timely topics. Great networking as well.

Sr. Counsel Global Trade & Compliance, Safran USA, Inc.

Kay C. Georgi Partner, International Trade & Investment ArentFox Schiff LLP

Christine Lee Global Head of Compliance Qorvo

8:45

Kevin Kurland Deputy Assistant Secretary, Bureau of Industry and Security U.S. Department of Commerce

Eun Young Choi Deputy Assistant Attorney General, National Security Division U.S. Department of Justice

9:30 Quantum Computing and Advanced Technologies: Strategic Considerations for Upgrading Classification, Licensing and Compliance and End User Impacts

• New U.S. ECCNs covering, semiconductor equipment, several critical technologies, as well as related software and technology: How is industry responding and what are the potential downstream impacts?

• The impact of worldwide license requirements on advanced technology exports, reexports, or transfers (in country)

• Using License Exception IEC, as well as similar exceptions in other jurisdictions

• Deemed export reporting requirements and minimization for existing employees and contractors

• Re-evaluating and updating compliance programs to meet new requirements

• Potential sensitive technology end user impacts

Heather Sroka Senior International Trade Counsel Intel

MODERATOR: Dr. Chris Timura Partner

Gibson Dunn & Crutcher LLP

Celia Merzbacher Executive Director Quantum Economic Development Consortium

10:30 Extended Networking Break THE FUTURE OF MULTILATERAL AND PLURILATERAL EXPORT CONTROLS

11:00 Advanced Technology Controls Harmonization, AUKUS Pillar II, and ad hoc Plurilateral Arrangements

Michael J. Vaccaro Deputy Assistant Secretary of State for Defense Trade Controls U.S. Department of State

Kentaro Mukai Counselor, Economic Section Embassy of Japan

Laura Molinari Executive Director, Global Trade Controls Boeing

MODERATOR: Kevin Wolf Partner

Akin Gump Strauss Hauer & Feld LLP

How has AUKUS Pillar II pushed export controls regimes to potential harmonization? This session will address the current multilateral export control regime amid AUKUS, as well as plurilateral arrangements.

INTERVIEW

12:00 The Changing Impact of Voluntary Disclosures on Settlement and Penalty Outcomes: What Recent Cases Reveal About the Lengths and Limits of Mitigation

12:30 Networking Luncheon

BEST-IN CLASS COMPLIANCE PROGRAMS

1:45 Avoiding the “Hyper-Compliance” Trap: How Far You Need to Go to Optimize Compliance Program ROI and Risk Mitigation (and How Far is Too Far)

Using case studies and hypothetical exercises, this session will discuss the complex decision-making behind calibrating your compliance approach and resource allocation for maximum ROI without falling into the “hyper-compliance” trap.

• When do more resources, new tools and more time equate to better compliance-and is there such a thing as too much of an investment?

• Measuring the effectiveness of your program amid regulator compliance expectations

• Cost management for compliance program upgrades: What resources do you really need? Which can be left out?

• Putting the regulations and associated compliance requirements into language for cross-functional teams

» Making your case to the C-Suite and Board

» What it takes to secure additional resources amid budgetary pressures

Marwa Hassoun Associate General Counsel, Trade Services TE Connectivity

Renata Rice Director, International Trade Northrop Grumman

Angela Gamalski Partner Honigman LLP

• Ensuring your communications with engineering, IT, cyber security and HR highlight the essential compliance protocols so processes are not redundant

• Data-Driven Decision-Making: Leveraging compliance data points to support your decision-making functions

• Assessing the quality of your data and determining which data points are most critical to consider

CASE STUDY #1

2:45 A

Strategic Approach to Consent Agreement Validation: Designing Key Compliance Reforms and Protocols Amid an Enforcement Action

Christina Zanette

• Determining what is (and isn't) an effective use of internal and third-party resources

• Investing in your Special Compliance Officer

» Ensuring the Special Compliance Officer understands your business, is integrated into key decisions and is a partner in all aspects of the Consent Agreement strategy

• Possible requirements around newly automated export control systems or new technology transfer protocols: The most consequential (and sometimes most costly) aspect of a Consent Agreement

• Utilizing a skilled project manager solely dedicated to helping the company navigate the Consent Agreement

3:15 Networking Break

CASE STUDY #2

3:30 Ensuring Program Agility for Rapid, “Overnight” Response: How to Quickly Pivot Protocols in Response to New, Time Sensitive Regulatory Changes

Jared Clark Senior Manager, Legal and Compliance, Export Controls and Sanctions ASML

Liz Owerbach Director & Senior Corporate Counsel, Global Trade Salesforce

Beth Peters Partner Hogan Lovells

What do you do when a country’s export control regime suddenly changes, sending a serious shake up to your existing multijurisdictional compliance skillsets overnight? How do you best update suppliers, internal stakeholders, senior management and work across teams as you position new protocols? This case study takes you through a real-life, real-time struggle to mature export controls with real-time agile internal communication techniques.

4:15

INDUSTRY-SPECIFIC ROUNDTABLES

During these sector-specific breakout roundtables, attendees will work through the unique, heightened compliance pain points affecting their specific industries. A sector expert will moderate each table.

5:30 Networking Cocktail Reception, Close of Day One

CONFERENCE DAY TWO

Wednesday, February 26, 2025

7:30 Registration and Continental Breakfast

8:45 Co-Chairs’ Opening Remarks

Patricia Byrne Vice President & Chief Counsel, International Trade Compliance BAE Systems

Erika Faulkenberry Global Head, Trade Compliance Biogen

Kay C. Georgi Partner, International Trade & Investment ArentFox Schiff LLP

Christine Lee Global Head of Compliance Qorvo

9:00

John Sonderman Director, Office of Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce

Artie McConnell Deputy Chief, National Security and Cybercrime Section, Counterintelligence and Export Control Coordinator United States Attorney’s Office, Eastern District of New York

• Heightened export compliance concerns and requirements affecting contractors and subcontractors

• Determining which export controls do not apply to given a business’ particular contractual case

• Special considerations for ITAR specific exports, including TAAs, MLAs and WLAs • Avoiding dealings that fall afoul of U.S. arms embargoes

• Preventing unauthorized releases of technical data to foreign persons

• Current regulatory requirements outside of the EAR

• Multi-functional approach aligning product life cycle to trade compliance

• Emerging considerations under the new administration

10:45 Networking Break

Nicole D’Avanzo

Assistant General Counsel and Director General Dynamics

Jill McClune General Counsel, US Avon Protection Systems

11:00 Compliance Decision-Makers Share Best Practices: Dovetailing Multi-Jurisdictional Export Requirements for Effective Program Customization

During this session, benefit from advanced-level case studies and cross-industry perspectives on how to tailor your compliance program to the unique contexts of global jurisdictions.

• Best-practices on how to upskill your team and update your global export compliance program amid many new and anticipated developments

• Identifying the tools that your team can use to best identify significant non-multilateral compliance risks

• The extent of conflict and overlap with UK and EU regulatory frameworks and how this intersection might affect compliance protocol updates

Patricia Byrne Vice President & Chief Counsel, International Trade Compliance BAE Systems

Erika Faulkenberry

Global Head, Trade Compliance Biogen

Christine Lee Global Head of Compliance Qorvo

• Identifying suspicious circumstances that the export may be destined for an inappropriate end-use, end-user, or destination

• Establishing clear policies and effective compliance procedures to ensure red flag knowledge about transactions can be evaluated by responsible senior officials

• Reevaluating all the information after the red flag inquiry to ensure legitimacy

• Obtaining documentary evidence concerning the transaction, both in the licensing process and in all export control documents

• Instructing the salesforce: Mandating they receive an affirmation from the intermediary around the definition of the actual end-use, end-user and ultimate country of destination

Paul Ahern Chief Counselor for Enforcement, Office of Terrorism and Financial Intelligence (TFI) U.S. Department of Treasury

Joshua L. Richter Senior Director, Trade Compliance Leonardo DRS

Christine Lee Global Head of Compliance Qorvo

• Upgrading and operationalizing new IT solutions to meet rapidly evolving export compliance landscape

• How should IT and Compliance work together to ensure IT environments have the requisite capabilities to support compliance? Where do export controls and IT intersect?

• What should you consider when procuring SaaS/cloud solutions?

• Assessing whether or not IT solutions properly safeguard export-controlled data

• What are best practices for engaging third parties—and determining what to build/keep in-house

Sarah Black Perry Director & Assistant General Counsel – Global Trade RTX

Hena Schommer Director, Trade Legal Applied Materials

• Strenthening Foreign Direct Product Rule (FDPR) compliance

» What are the thresholds that would make a transaction require a BIS reexport license?

» Due diligence and monitoring

» Obtaining compliance certifications from customers or their customers

» Approaches to public-source diligence

» Cross-functional coordination

• Case studies:

» Specific guidance for information-gathering from China—from colleagues and counterparties

» Navigating Chinese countermeasures when gathering information

Stephana J. Henry Global Trade Counsel Hewlett Packard Enterprise

Eric Carlson Partner Covington & Burling LLP

3:30 Anti-Boycott and 15 CFR Part 760 of the EAR:

Clarifying the Six Prohibitions, Required Reports and Compliance Expectations

of Industry and Security U.S. Department of Commerce

New enforcement actions have ended with significant penalties due to Part 760 compliance failures. How are multinationals keeping up with this growing list of embargoes and what are the best practices around creating anti-boycott programs? What can be learned from recent enforcement actions?

AI AND THE CLOUD

4:15 The Broader Impact of Proposed Mandatory Data Reporting Proposals for AI and Cloud Developers: Preparing for “Detailed Reporting” for “Frontier” AI Models and Cloud Computing Clusters

The U.S. Commerce Department is proposing detailed reporting requirements for advanced artificial intelligence developers and cloud computing providers to ensure the technologies are safe and can withstand cyberattacks. Join us as we discuss:

• Determining who will be responsible on your team for ensuring compliance with the new regulations

• How will the proposed regulations impact small and medium-sized enterprises?

• Implementing AI governance and data management practices-and aligning them with export compliance protocols

• How can companies balance compliance with innovation in AI development?

• What are the key differences between the EU's AI Act and the proposed U.S. regulations?

5:00 Close of Conference

Amy Morgan Vice President, Head of Trade Compliance Altana AI

Bob Bowen Export and Trade Compliance Counsel ServiceNow

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