11th Annual Advanced Forum on Global Encryption, Cloud & Cyber Export Controls by C5Group

No Travel Necessary!

Join us at our virtual conference venue.

March 17, 2021 EST

EARN CLE

Virtual Conference

CREDITS

11th Annual Advanced Forum on

GLOBAL ENCRYPTION, CLOUD & CYBER EXPORT CONTROLS The only comprehensive, practical event on U.S. and international regulatory changes affecting your program and compliance strategy

Keynote Speakers from the U.S. Department of State and EU Commission Jenny Stein Special Advisor for Internet Freedom and Business and Human Rights U.S. Department of State

Distinguished 2021 Co-Chairs:

Stéphane Chardon Head of Sector, Strategic Export Controls European Commission

Mathilde Latour Legal, Global Export Trade Manager Cisco (Former Desk Officer, Domestic and Export Control Unit at French Cybersecurity Agency, ANSSI, 2015-2020)

NEW for 2021:

Connect and Benchmark with Experts from:

Special Focus on China and the EU

» China’s New Export Control Law: Special In-House Panel on High Stakes Dilemmas and Alternative Supply Chains

» The EU’s Dual-Use Rule: What Modernization, Simplification Mechanisms and New Human Rights Considerations Mean for Exporters

Intrusion Software, Secondary Encryption Keys and EU008: Reconciling Competing Compliance, Privacy and National Security Concerns

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India’s GAICT and SCOMET: Practical Impact of New Rules on Intra-Company Transfers New BIS Restrictions on Exporting “Critical Technologies” to Russia: The Finer Points of Military End-Use/User and License Approvals Join Us the Day Prior for Intensive, Practical

Pre-Conference Workshops | March 16, 2021 (details inside)

Roszel C. Thomsen II Partner Thomsen and Burke LLP

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• Cisco • Cognizant • Ericsson • Hitachi Vantara

• Microsoft • NASSCOM • Qualcomm • Raytheon Technologies

• Salesforce • Ultra Electronics • Veritas Technologies

PLUS Join Interactive, Smaller-Group Discussions on:

How Industry is Assessing the Latest Cyber Tools for Security, Compliance and Human Rights

ITAR, Five Eyes and the Cloud: The Unwritten Rules for Using the Cloud for Military, Government Cooperation and National Security

Status and Impact of BIS Definitions for Emerging and Foundational Technologies a C5 Group Company

Business Information in a Global Context

As the only practical, comprehensive event of its kind, ACI’s 2021 virtual conference is your best opportunity to dissect highly complicated, evolving U.S. and foreign encryption controls. Angle-Right

Unlike other events, you will meet and learn from experts based across the globe. Delve into highly intricate, vexing requirements and compliance dilemmas – and don’t miss the newest, unwritten lessons and best practices for strengthening your global program.

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Benefit from special virtual formats for effective networking such as 1:1 Virtual Meetups and Interactive Audience Polling.

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With so much on the line, this is a not-to-miss opportunity to connect, gain critical updates and compare notes with some of the foremost experts from industry.

Join Large and Smaller-Group Benchmarking on: Angle-Right

China’s new export control regime: What it means for your business and how to adapt

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The release of the EU’s dual-use regime in near-final form – and the impact on the global competitive landscape, national security, and human rights

Encryption: What is the ITAR carveout, what are the EU’s license exceptions, and how they affect your export operations

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ITAR, Five Eyes and the Cloud: To what extent you can use the cloud to exchange ITAR-controlled data, and to coordinate joint military operations

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Critical new export rules from India, and recent guidance from BIS on Russia regarding MEUs

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Cybersecurity vs. Surveillance: Walking a fine line

Deepen Your Knowledge with Intensive, Practical Pre-Conference Workshops (March 16, 2021)

Workshop A 11:00 – 2:30 pm EST EAR AND ITAR ENCRYPTION CONTROLS BOOT CAMP A Deep Dive into Key Definitions, Requirements, Exceptions and Common Missteps to Avoid

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.

EARN CLE CREDITS

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 for virtual events visit: www.americanconference.com/ accreditation-instructions-for-virtual-attendance/

Join us virtually this March! Our virtual conferences are the same conferences you have come to expect in person but transformed to a virtual format. The new virtual conference delivers the same access to a community of industry leaders we have spent decades building and nurturing. We invite you to be part of this community. Immerse yourself in live presentations, panel discussions and benchmarking opportunities.

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Engage in meaningful dialogue with attendees and speakers in an interactive format. Expand your global network. LEARN MORE

Workshop B 3:00 – 6:30 pm EST ”WHAT WOULD YOU DO IF...”

Search A Complete Roadmap to Applying EAR and ITAR

Encryption, Cyber and Cloud Controls in Real-Life: How to Resolve the Most Pressing Classification and Program Implementation Challenges

2 | #ACIEncryption twitter: @ACI_IntTrade linkedin: ACI: International Trade: Legal, Regulatory and Compliance Professionals

Media Partners:

COMMENT-DOTS quote-left Best conference for legal, technical, operational encryption, cybersecurity issues and best practices. quote-right Senior Manager, Global Export Trade, Cisco

quote-left Appreciated the workshops and the depth of information along with the topics covered. quote-right Trade Control Specialist, The Boeing Company

quote-left I found all the material to be relevant and it was covered in just about enough depth to keep the audience engaged. quote-right Global Trade Compliance Specialist, Hitachi Vantara

quote-left The combination of topics and speakers resulted in a dynamic exchange of information and opinions. quote-right Trade Compliance Manager, Nutanix

Distinguished 2021 Faculty U.S. GOVERNMENT & EUROPEAN UNION FACULTY Jenny Stein Special Advisor for Internet Freedom and Business and Human Rights U.S. Department of State

Stéphane Chardon Head of Sector, Strategic Export Controls European Commission

Mathilde Latour Legal, Global Export Trade Manager Cisco (France) (Former Desk Officer, Domestic and Export Control Unit at French Cybersecurity Agency, ANSSI, 2015-2020)

Roszel C. Thomsen II Partner Thomsen and Burke LLP

CO-CHAIRS

INDUSTRY SPEAKERS Steve Bird Manager, Trade Compliance Product Classification, Global Trade Compliance Veritas Technologies LLC Debra Cheng Senior Corporate Counsel, Global Trade Salesforce Melissa Duffy Partner Dechert LLP Anne Marie Griffin Director of Regulatory Affairs Microsoft (Redmond, WA) Stephanie C. Hart Sr. Manager, Global Trade Controls Program Manager Cognizant Brad Hayes Chief Technology Officer Circadence (Assistant Professor of Computer Science & Director, Collaborative AI and Robotics Lab at University of Colorado Boulder) Charles Prabhu Jesuraj Senior Manager, Export Compliance Qualcomm (India) Adilia F. Koch Director of Export Compliance California Institute of Technology Ajay Kuntamukkala Partner Hogan Lovells

Karthik Laggisetty Director, Global Trade Compliance Hitachi Vantara David Lorello Of Counsel Covington & Burling LLP (United Kingdom) Josephine Aiello LeBeau Partner Wilson Sonsini Goodrich & Rosati Jennifer Maki Director, Global Trade Compliance Micron Technology, Inc. Mike Maney Director, Global Trade Compliance and Government Affairs Veritas Technologies LLC Craig Melson Head of Digital Devices, Market Access, Environment and Sustainability techUK (United Kingdom) Peter Micek General Counsel Access Now (Lecturer on Internet Governance, Columbia University School of International and Public Affairs, SIPA) Christopher Millward President and Managing Director United States Information Technology Office (USITO)

Magnus Nordéus Group Head of Trade Compliance Ericsson (Sweden) Sanjay Notani Partner Economic Laws Practice (India) Garima Prakash Senior Associate NASSCOM (India) Andrew Puryear Chief Technology Officer Ultra Electronics (Chairman, Emerging Technology Technical Advisory Committee at U.S. Department of Commerce) Arthur Shulman Former Director - Licensing, Policy, Sanctions and Global Customs, Global Trade Controls Boeing (2017-2020) Former Acting Director, Office of Defense Trade Controls Compliance U.S. Department of State (2016-2017) Caroline Walsh Senior Director & Associate General Counsel – Enterprise Services Global Trade Raytheon Technologies Wendy Wysong Partner Steptoe & Johnson LLP (Hong Kong)

a C5 Group Company

Business Information in a Global Context

PRE-CONFERENCE WORKSHOPS

Tuesday, March 16, 2021 (Eastern Standard Time)

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A EAR AND ITAR ENCRYPTION CONTROLS BOOT CAMP 11:00 am – 2:30 pm

A Deep Dive into Key Definitions, Requirements, Exceptions and Common Missteps to Avoid Caroline Walsh Senior Director & Associate General Counsel – Enterprise Services Global Trade Raytheon Technologies

Stephanie C. Hart Sr. Manager, Global Trade Controls Program Manager Cognizant

Josephine Aiello LeBeau Partner Wilson Sonsini Goodrich & Rosati Laying the groundwork for the main conference discussions, this in-depth working group will take you through the ins and outs of U.S. requirements, and recent changes. Seasoned experts will provide a deep dive into complex definitions and requirements for encryption controls under the EAR and ITAR. In addition to helpful reference materials and discussion points, there will be ample time to ask your questions and solidify your knowledge of the essentials. Topics will include: • Roadmap of current U.S. encryption controls and their scope of application • Who to contact and where to look toward mapping out your classification and licensing strategy • Utilizing early product analysis and evaluating intended use • Determining classification under the EAR and ITAR • ITAR’s encryption carveout: What does not constitute an “export” • ITAR and State Department guidelines on encryption in the cloud to prevent the unauthorized release of technologies • Classifying public domain or publicly available information containing encryption • Preparing a CJ request for encryption products subject to ITAR regulations: What you need to submit, what supporting materials to include and other key elements • Requirements for obtaining a mass market cryptography classification • Managing export license conditions and scope limitations on encryption products

3:00 pm – 6:30 pm

“WHAT WOULD YOU DO IF…” A Complete Roadmap to Applying EAR and ITAR Encryption, Cyber and Cloud Controls in Real-Life: How to Resolve the Most Pressing Classification and Program Implementation Challenges

Steve Bird Manager, Trade Compliance Product Classification, Global Trade Compliance Veritas Technologies LLC

Melissa Duffy Partner Dechert LLP

Building on the previous workshop, learn and problem-solve alongside industry experts via case studies and hypothetical exercises. Navigate the grey areas of U.S. encryption, cloud and cyber controls in practice, including importing and exporting certain encrypted items and technologies from product development to end-use. The discussion will cover mass market software programs, networking devices, web-based services and telecom items. In addition to helpful reference materials prepared by the expert speakers, take this opportunity to hear “war stories” from seasoned professionals and learn how to put a myriad of complex requirements into practice. Topics of discussion will include: • Case studies on mass market software programs • Networking devices, web-based services and telecom items • Working with partners in different countries and incorporating global laws into your product development • When and how to file paperwork for software and hardware encryption items • What to do if you are travelling from country to country with encrypted items such as a laptop or mobile phone • How to take software or hardware internationally: What does the application look like? • Who are the end-users or “crypto consumers” • Sharing of tech and source code—when do you need a license? • How to manage chips with encryption issues when re-exporting to third parties • How U.S. export laws come into play during re-exporting

4 | #ACIEncryption twitter: @ACI_IntTrade linkedin: ACI: International Trade: Legal, Regulatory and Compliance Professionals

MAIN CONFERENCE

Wednesday, March 17, 2021 (Eastern Standard Time) 10:15

In-House:

Co-Chairs’ Opening Remarks

• Concrete examples of how to apply the new export control law in practice

Mathilde Latour Legal, Global Export Trade Manager Cisco (France) (Former Desk Officer, Domestic and Export Control Unit at French Cybersecurity Agency, ANSSI, 2015-2020)

Roszel C. Thomsen II Partner Thomsen and Burke LLP

• The biggest challenges to complying with the law-and how to overcome them • How industry is managing the interplay between geopolitics and export complianc • The US-China trade war and what we can expect from a Biden administration • The status of Hong Kong and the concomitant implications for industry operating in the U.S. and China 12:15

10:30

Part II: Special Keynote Update on U.S.-China Trade Policy Priorities

U.S. State Department Keynote Address Human Rights Due Diligence and Surveillance Technologies Jenny Stein Special Advisor for Internet Freedom and Business and Human Rights U.S. Department of State

Peter Micek General Counsel Access Now (Lecturer on Internet Governance, Columbia University School of International and Public Affairs, SIPA)

Christopher Millward President and Managing Director United States Information Technology Office (USITO)

1:00

1:1 Networking CHINA 1:15 | Break

11:15

Part 1: China’s New Export Control Law in Practice Application to Encryption and Cyber Exports How Exporters are Implementing New Requirements Amid the U.S.-China Trade Conflict and Emerging, Alternative Supply Chains Debra Cheng Senior Corporate Counsel, Global Trade Salesforce

Jennifer Maki Director, Global Trade Compliance Micron Technology, Inc.

Wendy Wysong Partner Steptoe & Johnson LLP (Hong Kong) During this practical discussion, attendees will be invited to benchmark and compare notes via a user-friendly digital polling system. The questions and discussion will focus on practical challenges that are most likely to come across your desk. Legal: • The ECL came into effect on Dec. 1, 2020: How the restrictions on exports of dual-use and military products will play out in practice • When and for what products are licenses required under the ECL • Chinese authorities’ investigative powers • What constitutes an export violation, and what can trigger penalties

INDIA 1:30

The Impact of India’s GAICT and SCOMET, and the Impact of New Rules on Intra-Company Transfers Garima Prakash Senior Associate NASSCOM (India)

Sanjay Notani Partner Economic Laws Practice (India)

Charles Prabhu Jesuraj Senior Manager, Export Compliance Qualcomm (India) • Concrete examples of experiences with India’s SCOMET (Special Chemicals, Organism, Materials, Equipment and Technologies) • Applying license requirements for exchanging information among subsidiaries under India’s Global Authorisation for Intra-Company Transfer (GAICT) • How U.S. companies and their supply chains will be impacted by India’s new import restrictions and recently published export regulations • India’s recent joining of the Wassenaar agreement – and what it means in practice a C5 Group Company

Business Information in a Global Context

EUROPEAN UNION BRIEFING 4:00

2:00

Comments Part I: Special Address on The EU’s Dual-Use Regulation Stéphane Chardon Head of Sector, Strategic Export Controls European Commission

Implementing BIS Restrictions on Exporting Encryption and Other Items to Russia: Special Considerations for Military End-Use/User and License Approvals Karthik Laggisetty Director, Global Trade Compliance Hitachi Vantara

During this special session Mr. Chardon will expound on the newly agreed rules for trade of dualuse items and their likely impact, such as enhanced competitiveness within the EU, strengthened national security, and more effective and visible promotion of human rights.

Ajay Kuntamukkala Partner Hogan Lovells

• New BIS restrictions on exports to Russia • Status of restrictions on exports to certain “military end-users” and for “military end-uses” in Russia • The latest on Russia’s crypto import regulations and what compliance pain points might be anticipated

2:30



RUSSIA

Part II: The Modernization of EU Dual-Use Export Controls: What Simplification Mechanisms and New Human Rights Considerations Mean for Exporters Mathilde Latour Legal, Global Export Trade Manager Cisco (France) (Former Desk Officer, Domestic and Export Control Unit at French Cybersecurity Agency, ANSSI, 2015-2020)

Magnus Nordéus Group Head of Trade Compliance Ericsson (Sweden)

• Countering America’s Adversaries Through Sanctions Act (CAATSA) and other designations • What to expect from a policy approach perspective under the new U.S. administration 4:30

Encryption & Intrusion Software, Cyber Readines Tools Assessing the Risks and Benefits of the Latest Cyber and Encryption Tools for Security, Privacy, Compliance and Human Rights Mike Maney Director, Global Trade Compliance and Government Affairs Veritas Technologies LLC

• How proposed regulations have evolved over the years-and perspectives on what is coming down the pipeline • Impact of the new EU-level coordination mechanism to address concerns of human rights violations (through cybersurveillance goods) and the concept of “transmissible controls” • Enhanced coordination and transparency between EU authorities: Commission, member states’ licensing bodies and customs, and EU Parliament

Brad Hayes Chief Technology Officer Circadence (Assistant Professor of Computer Science & Director, Collaborative AI and Robotics Lab at University of Colorado Boulder)

Moderator: Roszel C. Thomsen II Partner Thomsen and Burke LLP

• New EU license exceptions and what they mean for companies, and additional simplification that might be welcomed (e.g., digital exports, SaaS, cloud storage)

5:15 | Break

3:15

SPECIAL SESSION ON BREXIT Technology Trade After Brexit: A U.K. Perspective Craig Melson Head of Digital Devices, Market Access, Environment and Sustainability techUK (United Kingdom)

3:30

1:1 Networking

INTERACTIVE DISCUSSIONS AND OPEN Q&A For the following three sessions – intended as more informal conversations led by subject-matter experts – we hope that you will actively join in on the fun by sharing your audio and video! Benefit from a worthwhile opportunity for an especially interactive, engaging session that will impart more useful takeaways for your daily work. 5:30

The Cloud ITAR, Five Eyes and the Cloud: How Far Industry Can Now Go in Using the Cloud for Military, Government Cooperation and National Security Purposes 3:45 | Break

Anne Marie Griffin Director of Regulatory Affairs Microsoft

6 | #ACIEncryption twitter: @ACI_IntTrade linkedin: ACI: International Trade: Legal, Regulatory and Compliance Professionals

David Lorello Of Counsel Covington & Burling LLP

Arthur Shulman (Former Director - Licensing, Policy, Sanctions and Global Customs, Global Trade Controls, Boeing, 2017-2020) (Former Acting Director, Office of Defense Trade Controls Compliance, U.S. Department of State, 2016-2017) • ITAR and Five Eyes: The prospect of having cloud-based services in support of military operations cooperation • Cross-Domain Solution: Securely using cloud platforms for military use? • Deciphering how Canada’s Controlled Good’s Program treats cloud computing • Cloud-based services: How export controls apply and what the responsibilities are for cloud-based service providers

About us:

6:15

Emerging and Foundational Technologies Think Tank Status of BIS Definitions of Emerging and Foundational Technologies, and the Potential Impact on Competitiveness, Cost-Efficiency and Innovation Josephine Aiello LeBeau Partner Wilson Sonsini Goodrich & Rosati

Adilia F. Koch Director of Export Compliance California Insitute of Technology

Andrew Puryear Chief Technology Officer Ultra Electronics (Chairman, Emerging Technology Technical Advisory Committee at U.S. Department of Commerce)

The C5 Group, comprising American Conference Institute, The Canadian Institute and C5 in Europe, is a leading global events and business intelligence company. 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. Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

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• Foundational technologies: Definitional considerations, foreign availability and effectiveness of unilateral controls • Behind the increase in emerging and foundational technologies and AI in export controls 6:45

Conference Concludes Yanette Ching, American Conference Institute

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