EARN CLE CREDITS
September 20, 2021 (EDT) | Virtual Conference
ACI’s 3rd Virtual Conference on
U.S.-CHINA TRADE CONTROLS Industry’s Annual Forum on MEU and MIEU Rules, New Legislation, Data Transfers and Emerging Technology Rules Critical Updates from the DOJ: Elizabeth Cannon Deputy Chief for Export Control and Sanctions National Security Division U.S. Department of Justice
Benchmark with Leading Exporters, Including: Kathy King-Madrid Director of Compliance Leonardo DRS Kevin Cuddy Government & Regulatory Affairs Executive IBM Surabhi Madan Director, Senior Global Legal Counsel ASM International (Singapore)
You can’t afford to miss out on the only, comprehensive one-day event of its kind. Expert speakers will share insights on critically important challenges impacting your business: Angle-Right MEU, MIEU and CCMC Rules: New Enforcement Risks—and the Hidden Lessons for Updating Compliance and Licensing Practices Angle-Right Endless Frontier Act and Strategic Competition Act of 2021: Unpacking the Geopolitical and Compliance Impacts on Industry Angle-Right China’s New Export Control Law, Guidance, and the Interplay of Blocking Statutes: Compliance Expectations for Industry and Avoiding Violations Angle-Right Emerging and Foundational Technologies: Status and Impact of Proposals, Due Diligence Requirements and The Business Implications Angle-Right Data Transfers and Monitoring: How Industry is Strengthening Policies, Procedures and Employee Training Angle-Right ICTS Rule: Key Updates on ICTS Implementation and the Anticipated Aftermath
Mario Palacios Senior Director, Government Affairs & Head of International Trade Policy Applied Materials
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Associate Sponsor:
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2021 Speaker Faculty Includes:
F
rom the passage of the Endless Frontier Act to the 2021 updates to the MEU, MIEU and CCMC rules, the US-China trade space is bursting with new developments this year. There has never been a more critical time to attend this event! Join us at the 3rd Virtual US-China Trade Controls Conference on September 20, 2021, to ensure that you are in the loop and equipped with the newest, most effective best practices.
CO-CHAIRS: Kevin Cuddy Government & Regulatory Affairs Executive IBM Christine (Smith) Savage Partner King & Spalding LLP
GOVERNMENT FACULTY INCLUDES: Elizabeth Cannon Deputy Chief for Export Control and Sanctions U.S. Department of Justice Matthew Borman Deputy Assistant Secretary of Commerce for Export Administration Bureau of Industry and Security U.S. Department of Commerce
DISTINGUISHED SPEAKER FACULTY INCLUDES:
Continuing Legal Education Credits Accreditation will be sought in those jurisdictions requested by
EARN CLE the registrants which have continuing education requirements. CREDITS
accreditation.
This course is identified as nontransitional for the purposes of CLE
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/
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Surabhi Madan Director, Senior Global Legal Counsel ASM International (Singapore) Kathy King-Madrid Director of Compliance Leonardo DRS Rich Ashooh Vice President Global Government Affairs Lam Research (Assistant Secretary of Commerce for Export Administration) Mario Palacios Senior Director, Government Affairs & Head of International Trade Policy Applied Materials
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Chris Gondara Director of Compliance and CSR Marvell Semiconductor Inc Barbara Linney Partner BakerHostetler LLP Amy Papendorf Director of Export Compliance Qualcomm Matt Bell Senior Managing Director FTI Consulting Jeremy Zucker Partner Dechert LLP Bingna Guo Partner White and Case LLP Randall Cook Senior Managing Director Ankura Caroline Brown Partner Crowell & Moring LLP (Former DOJ & Treasury Attorney Advisor) Nancy Fischer Partner Pillsbury LLP Josh Fitzugh Vice President Global Trade Flex Larry Fink Senior Assistant General Counsel and Vice President Leidos Cristina Brayton-Lewis Partner White & Case LLP Sarah O’Neal Partner, Associate General Counsel, Global Trade Microsoft
U.S. Prohibits Trading in Securities of Communist Chinese Military Companies, but NYSE Reverses Plan to Delist.
Democrats, GOP team up on bill targeting China as U.S. suffers microchip shortage.
The National Law Review
Biden Revokes and Replaces Trump Order That Banned TikTok. The new order calls for a broader review of a number of foreign-controlled applications that could pose a security risk to Americans and their data.
CNBC
China’s New Power Play: More Control of Tech Companies’ Troves of Data. Beijing is calling on tech giants to share their information—and asserting its authority over data held by U.S. companies in China as well.
New York Times
The Wall Street Journal
AGENDA
SEPTEMBER 20, 2021 (EDT)
10:00
11:00
Co-Chairs’ Opening Remarks
Status and Impact of the Endless Frontier Act and Strategic Competition Act of 2021: Unpacking the Requirements, Geopolitical and Compliance Implications
Microphone Kevin Cuddy, Government & Regulatory Affairs Executive, IBM
Christine (Smith) Savage, Partner, King & Spalding LLP
10:15
AUDIENCE POLLING
THE ENTITY LIST: WHAT’S KEEPING YOU UP AT NIGHT? MEU, MIEU and CCMC Regulations: New Enforcement Risks— and the Hidden Lessons for Updating Compliance and Licensing Practices Microphone Nancy A. Fischer, Partner, , Pillsbury LLP
Rich Ashooh, Vice President Global Government Affairs, Lam Research
• The nuances across the different scopes and sources of prohibitions regarding each set of Chinese trade control policies • Key guidance on compliance, licensing requirements and heightened due diligence requirements for potential dual-use sales and technology transfers • How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC Regulations • Amendments to the Export Administration Regulations (EAR) to expand license requirements on exports, re-exports, and transfers of items intended for military end use (MEU) and militaryintelligence end users (MIEU) in China • Trends in license applications, approvals and denials-and lessons learned
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Microphone Mario Palacios, Senior Director, Government Affairs & Head of International Trade Policy, Applied Materials • To what extent the Endless Frontier Act helps to keep the U.S. economically competitive against China • Trade policies introduced in the Strategic Competition Act to counter human rights violations, supporting democracy in Hong Kong, and addressing forced labor and other abuses in Xinjiang • Understanding human rights violations and forced labor compliance and mitigation • Licensing requirements and enforcement mechanisms contemplated in the new legislation • Geopolitical factors affecting the nature, scope and fate of the bills 12:00 Break 12:15
Keynote Address Microphone Matthew Borman, Deputy Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce
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12:45
3:30
Emerging and Foundational Technologies: Key Takeaways on the Proposals, Due Diligence Requirements and The Business Aftermath
3:45
Microphone Barbara Linney, Partner, BakerHostetler LLP
Josh Fitzugh, Vice President Global Trade, Flex
Larry Fink, Senior Assistant General Counsel and Vice President, Leidos
• Where things stand and where they are headed: Identification and review of controls for certain emerging and foundational technologies • Insights into the new requirements, compliance, and due diligence mechanisms • Impact of controls on development, manufacturing, and supply chain of technologies in the U.S. 1:15
Fireside Chat with Microphone Elizabeth Cannon, Deputy Chief for Export Control and Sanctions, U.S. Department of Justice
Moderated by: Jeremy Zucker, Partner, Dechert LLP
4:15
The Known and Lesser-Known Impact of Recent Developments on the Semiconductor Industry and Global Supply Chain Microphone Chris Gondara, Director of Compliance and CSR, Marvell Semiconductor Inc
1:1 Meet-Ups 1:30 Break 2:00
China’s New Export Control Law, Guidance, and the Interplay of Blocking Statutes: Clarifying Compliance Expectations for Industry—and Mitigating the Risk of Violations Microphone Bingna Guo, Partner, White & Case LLP
Surabhi Madan, Director, Senior Global Legal Counsel, ASM
Cristina Brayton-Lewis, Partner, White & Case LLP
• Chinese blocking statutes control lists and industries affected by the new law • Geopolitical influences on Chinese trade export policies • Chinese rules to combat “extra-territorial application of foreign laws” and its effects on U.S. multinationals • Best practices for U.S. companies to develop compliance programs under new Chinese export control laws 2:45
Afternoon Break
AUDIENCE POLLING
Data Transfers and Monitoring: How Industry is Strengthening Policies, Procedures and Employee Training
Matt Bell, Senior Managing Director, FTI Consulting
Amy Papendorf, Director of Export Compliance, Qualcomm
• BIS introduction of new rules to further restrict the access of Chinese technology companies • The interplay of export compliance, semiconductor manufacturing and production shortages hurting technology and automotive industries • Export controls linked to CFIUS jurisdiction for transactions involving semiconductor technologies 5:00
ICTS Rule: Key Updates on ICTS Implementation—and Anticipated Challenges Microphone Caroline Brown, Partner, Crowell & Moring LLP
Sarah O’Neal, Partner, Associate General Counsel, Global Trade, Microsoft
• Implications of the BIS review process for companies operating in the ICTS sector • Guidelines for the licensing process requests to engage in ICTS transactions • Complying with the new rules and mitigating any potential impact this new review process may have for companies in the ICTS sector 5:30
Co-Chairs’ Closing Remarks
Microphone Kathy King-Madrid, Director of Compliance, DRS • • • •
Randall Cook, Senior Managing Director, Ankura
Association and Media Partners:
Monitoring, tracking and controlling the transfer of sensitive technical data Updating your comprehensive company-wide compliance policy and training program Conducting a thorough internal investigation and self-reporting data transfer violations Lessons learned from the Honeywell case
4 | #USChinaTrade
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September 21, 2021 (EDT) | Virtual Conference
Ensuring Compliance with
U.S. & CHINA ECONOMIC SANCTIONS Risk Mitigation and Due Diligence Best Practices
Critical Guidance on Rapidly Developing Issues Including: » How to Perform Effective Sanctions Screening on Chinese Persons and Entities
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AmericanConference.com/SanctionsUSChina
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» Overview of Regulatory Landscape for China Trade & Sanctions » Resolving Complex Due Diligence Challenges on Existing and New Opportunities » How the New China Blocking Statute Will Affect Your Organization » Communicating Sanctions and Business Restrictions to Your Businesses, Clients and Counterparties in China
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GLOBAL SANCTIONS & EXPORT CONTROLS EVENT CALENDAR
Ensuring Compliance with
4th Annual
Passport to Proficiency on the
U.S. and CHINA ECONOMIC SANCTIONS
NAVIGATING RUSSIA SANCTIONS COMPLEXITIES
September 21, 2021 (EDT) Virtual Conference
September 27, 2021 (EDT) Virtual Conference
In-Person London Forum on
GLOBAL ECONOMIC SANCTIONS November 17–18, 2021 London
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Export Administration Regulations October 4–27, 2021 (EDT) Virtual Proficiency Series
Flagship conference, back in person!
U.S. ECONOMIC SANCTIONS ENFORCEMENT AND COMPLIANCE
December 7–8, 2021 Washington, DC
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C5 GROUP’S VIRTUAL EVENTS
Join Us Virtually this September! As the current global situation continues to unfold, we understand that it may not be possible to attend our events in person. At the same time, we also understand that collaboration is more vital than ever and for that, you can still rely on ACI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise. Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.
Participate in Meaningful Networking Enjoy an Easy to Use, Dynamic Online Platform Immerse Yourself in Live Presentations and Panel Discussions Engage with Attendees and Speakers in an Interactive Format Meet 1-on-1 with Your Fellow Attendees
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3 Ways to Register U.S.-CHINA TRADE CONTROLS Virtual Conference
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$1195 USD
U.S. AND CHINA ECONOMIC SANCTIONS Virtual Conference
$1095 USD
3-4
10% Conference Discount*
5+
Call 888-224-2480
Special Discount ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service.
* Team/group registrations must be from the same organization/firm and register together in one transaction.