5th Conference on U.S.-China Trade Controls - DS

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BENCHMARK WITH LEADING EXPORTERS, INCLUDING: ASML

ACI's 5th Conference on

U.S.-CHINA TRADE CONTROLS October 12–13, 2023 | The Madison Hotel, Washington, D.C.

Lam Research Microsoft Morgan Stanley Google

The Walt Disney Company Applied Materials Danaher Corporation Polaris Lenovo

IBM

Hewlett Packard Enterprise

SAP Honeywell

Nidec Americas Holding Corporation

Rolls-Royce

Qualcomm

CRITICAL DISRUPTIVE TECHNOLOGIES STRIKE FORCE UPDATES: Matthew Axelrod Assistant Secretary for Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce Matthew Olsen Assistant Attorney General for National Security U.S. Department of Justice

Outbound Investment Restrictions Devin DeBacker Chief, Foreign Investment Review Section, National Security Division U.S. Department of Justice

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As the only comprehensive, practical event of its kind, there has never been a more pressing time to address evolving China trade controls, supply chain and business operational challenges, including: y Managing the Real-Life Impact of the U.S. Advanced Computing and Semiconductor Rule: Practical Insights on the Supply Chain and Compliance Path Ahead y Doing Business in China Amid an Unprecedented Period of Risk and Uncertainty: Aligning Trade Compliance, Business, and Operations y Navigating Cross-Border Technology and Data Transfers Under China CAC Requirements: Risk Mitigation for Export Controls, Licensing Requirements, and Data/IP Protection y Integrating Export Controls, Sanctions and UFLPA: Requirements for an Optimal Compliance Program y Navigating State Tax Credits and Incentives: The CHIPS and IRA Acts

Supporting Sponsor:

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Speaker Faculty Includes: GOVERNMENT FACULTY Matthew Olsen Assistant Attorney General for National Security U.S. Department of Justice Devin DeBacker Chief, Foreign Investment Review Section, National Security Division U.S. Department of Justice Matthew Axelrod Assistant Secretary for Export Enforcement, Bureau of Industry and Security U.S. Department of Commerce Meena R. Sharma Director (Acting), Office of Investment Security Policy and International Relations U.S. Department of the Treasury

CONFERENCE CO-CHAIRS Elizabeth Cannon Senior Corporate Counsel, Global Trade Microsoft Former Deputy Chief for Export Control and Sanctions, National Security Division U.S. Department of Justice Hon. Nazak Nikakhtar Partner Wiley Rein LLP Former Assistant Secretary, Industry & Analysis, International Trade Administration U.S. Department of Commerce

KEY INSIGHTS AND BEST PRACTICES FROM: Christina Zanette Assistant General Counsel, Export Compliance Honeywell Tamer Soliman Partner Mayer Brown Jeanette Chu Vice President, National Security Policy National Foreign Trade Council Former Senior Policy Advisor, Bureau of Industry Security (BIS) U.S. Department of Commerce Osmar Jose Benvenuto Managing Director & Head of Financial Crimes Risk Morgan Stanley Former Deputy Chief, Criminal Division, U.S. Attorney’s Offices U.S. Department of Justice Ursula Rothrock Associate Export Compliance Counsel Google Hena Schommer Global Trade Counsel Hewlett Packard Enterprise Shama Patari Executive Director, Legal, Government Relations and Global Trade Regulation Lenovo Jared Clark Senior Manager, Legal and Compliance, Export Controls and Sanctions ASML Taylor Sholler Senior Director, Government Affairs Lam Research Timothy Lee Senior Counsel, Trade Compliance Applied Materials

Xu Bing Chief Counsel, Global Trade Controls Rolls-Royce (WSN Member)

Eric Carlson Partner Covington & Burling LLP

Aaron Gothelf Principal Counsel – Global Trade The Walt Disney Company

Josephine Aiello LeBeau Partner Wilson Sonsini Goodrich & Rosati

Cindy Owens Senior Trade Counsel Polaris Inc.

Christina Brayton-Lewis Partner White & Case LLP

Heather N. Ludwig Trade Compliance Counsel, Director Nidec Americas Holding Corporation

Nicholas Galbraith Partner Barnes & Thornburg LLP

Sahra Su Lead Senior Legal Counsel, Export Control (Global) SAP Jai Singh Arun Head of Product Management and GTM Strategy IBM Bryce Bittner Managing Counsel, International Trade Legal McKinsey & Company Hon. Mario Mancuso Partner Kirkland & Ellis LLP Former Under Secretary of Commerce for Industry and Security Bureau of Industry and Security U.S. Department of Commerce Eric C. Emerson Partner Steptoe & Johnson LLP Counsel The U.S. China Business Council Roscoe Jones Partner Gibson, Dunn & Crutcher LLP Kay C. Georgi Partner ArentFox Schiff LLP Nate Bolin Partner DLA Piper LLP

Nancy Fisher Partner Pillsbury Winthrop Shaw Pittman LLP Larry Ward Partner Dorsey & Whitney LLP Robert Monjay Director, American Export Controls Intel Corporation Kelly Raia Chief Operating Officer Blue Tiger International Renee Latour Partner Clifford Chance Richard A. Mojica Member, Practice Lead, Customs Import & Trade Miller & Chevalier Chartered Eva Hampl Senior Director, Global Government Affairs Dell Anna Puglisi Senior Fellow, Center for Security and Emerging Technology Georgetown University Meredith Rathbone Partner Steptoe & Johnson LLP

PRE-CONFERENCE WORKSHOPS | Wednesday, October 11, 2023 WORKSHOP A

9:00 A.M.–12:30 P.M. (REGISTRATION OPENS AT 8:30 A.M.)

WORKSHOP B

1:30 P.M.–5:00 P.M. (REGISTRATION OPENS AT 1:00 P.M.)

An Updated Roadmap to Complying with the China Advanced Computing and Semiconductor Rule: A Deep Dive into TGLs, Impacted ICs, Gap Analysis and More Requirements

A Practical Guide to Strengthening Third Party and Supply Chain Due Diligence and Resilience: Revisiting Export Controls and Sanctions Risk Assessments, Compliance, and Monitoring from Start to Finish

microphone-alt Timothy Lee, Senior Counsel, Trade Compliance, Applied Materials

microphone-alt Bryce Bittner, Managing Counsel, International Trade Legal, McKinsey & Company

Nate Bolin, Partner, DLA Piper LLP

Nicholas Galbraith, Partner, Barnes & Thornburg LLP

According to reports, the Biden Administration is set to further tighten restrictions on the export of semiconductor manufacturing gear to China, with new restrictions expected to be announced soon. The rules may double the number of machines that require special licenses for export. This workshop will delve into the details behind creation of renovated semiconductor rule compliance programs and corporate due diligence efforts.

With evolving risk factors and compliance obligations, don’t miss this worthwhile opportunity to delve into the essentials of export and sanctions risk assessments, due diligence, compliance and monitoring. This intensive, practical workshop will focus on the latest best practices, pitfalls to avoid and more actionable takeaways for updating your programs. Ample time will be left for Q & A, so please bring your questions!

• Updating licensing requirements for items controlled under ECCNs 5A002 or 5D002 that meet or exceed the performance parameters of the new ECCNs 3A090 or 4A090 • Updating licensing requirements for mass market encryption hardware and software items controlled under ECCNs 5A992 or 5D992 • Restrictions on U.S. persons activities: U.S. persons (citizens, permanent residents, asylees, and refugees) that support the development or production of integrated circuits (IC’s) in China now requires a license » What kind of ICs are involved? » What ECCNs are relevant? » Are any license exceptions available?

• New foreign direct product rules focused on otherwise uncontrolled foreign-origin content for advanced computing and supercomputer-related applications in China » Expanded “Entity List FDP Rule” (§ 734.9(e)(2) » New “Supercomputer FDP Rule” (§ 734.9(i) » New “Advanced Computing FDP Rule” (§ 734.9(h) » Whether a product is truly a direct product of US-origin “technology” and “software” per the EAR • Licensing policies and Temporary General Licenses • Gap analysis: Updating compliance programs to make sure legal, engineering, and trade compliance are all in the loop with these new controls

• How to incorporate effective front-end vetting and screening protocols based on the type of relationship and interests represented by the third party • Developing a model that stratifies your risk based on third parties — and how to perform due diligence accordingly • Unique challenges associated with critical types of third parties for your global business • Understanding the local business environment, customs and practices — and the risks impacting your supply chain • What to do with information uncovered during the vetting process: How to evaluate red flags • Making the decision regarding which parties to use/not use: “On the Ground” obstacles to monitoring third party conduct • Special considerations for exercising audit rights • When and how much to train third parties

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DAY ONE | Thursday, October 12, 2023

7:30

Registration and Continental Breakfast

8:45

Co-Chairs’ Opening Remarks microphone-alt Elizabeth Cannon, Senior Corporate Counsel, Global Trade, Microsoft;

Former Deputy Chief for Export Control and Sanctions, National Security Division, U.S. Department of Justice

Hon. Nazak Nikakhtar, Partner, Wiley Rein LLP; Former Assistant Secretary, Industry & Analysis, International Trade Administration, U.S. Department of Commerce 9:00

FIRESIDE CHAT

DOJ Special Update on Export Enforcement and the New Disruptive Technologies Strike Force microphone-alt Matthew Axelrod, Assistant Secretary for Export Enforcement,

Bureau of Industry and Security, U.S. Department of Commerce

Matthew Olsen, Assistant Attorney General for National Security, U.S. Department of Justice Moderator: Renee Latour, Partner, Clifford Chance 9:30

HYPOTHETICAL SCENARIOS AND AUDIENCE POLLING

Managing the Real-Life Business Impact of the U.S. Advanced Computing and Semiconductor Rule: Practical Insights on the Supply Chain and Compliance Path Ahead microphone-alt Jared Clark, Senior Manager, Legal and Compliance, Export Controls and Sanctions, ASML

Shama Patari, Executive Director, Legal, Government Relations and Global Trade Regulation, Lenovo What are the short and long-term computing supply chain impacts of BIS’ latest China-focused export controls covering semiconductors and supercomputing technology? As with any complex and novel export control rule involving innovative technologies and supply chains, many anticipate that the new rules will likely have unintended consequences. Might the controls backfire without buyin from foreign partners and allies?

10:30

Extended Networking Break

11:00

CASE STUDIES

11:00 Maintaining Business Relations with China Amid an Unprecedented Period of Increased Export Compliance and Enforcement Risks: The Latest Best Practices for Aligning Business, Operations, Compliance and Risk Management microphone-alt Hena Schommer, Senior Global Trade Counsel, Hewlett Packard Enterprise Eva Hampl, Senior Director, Global Government Affairs, Dell • Leveraging joint ventures to maintain select China operations • What are the business thresholds for maintaining China operations?

• What are the impacts of China’s US export control/sanctions countermeasures on businesses in China: The relationship between The Anti-Foreign Sanction Law, Unreliable Entity List and the Blocking Order • Completing the factual and legal due diligence and analysis needed to achieve clarity about the status of your business with China under international trade restrictions 11:45

Managing Cross Border Technology and Data Transfers Under China CAC Requirements: Aligning Risk Mitigation for Export Controls, Licensing Requirements, and Data/IP Protection to Achieve Compliance and Maintain a Competitive Advantage microphone-alt Christina Zanette, Assistant General Counsel, Export Compliance, Honeywell Larry Ward, Partner, Dorsey & Whitney LLP • How to define technology under the export control regulations • When is technology abroad subject to U.S. jurisdiction?

• Exemptions to technology regulation: published technology, fundamental research, nonproprietary systems descriptions • Technology licensing requirements » What are the steps for determining whether export authorization is required? » What are the types of authorizations available? » Best practice methods and procedures to make the most of EAR and ITAR license exceptions » The treatment of dual and third-country nationals at overseas facilities • Protecting your technology » How to negotiate IP licensing agreements and non-disclosure agreements » R&D scenarios and pitfalls • Building a robust compliance program » How to manage travel and hand-carried data exports » Best practices for IT controls and network access rights

This panel of experts will address the future of the U.S. microelectronics sector and supply chain amid unprecedented regulatory change.

4 | Linkedin International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

12:45

Networking Luncheon

2:15

AI, BCI and More Emerging Technologies: Perspectives on the Next Wave of New, Anticipated Export Controls

4:30

Integrating Export Controls and Sanctions into an Optimal Compliance Program: Revisiting Your Organization’s Risk Profile and Detecting Program Weak Spots microphone-alt Xu Bing, Chief Counsel, Global Trade Controls, Rolls-Royce (WSN Member)

microphone-alt Jai Singh Arun, Head of Product Management and GTM Strategy, IBM Josephine Aiello LeBeau, Partner, Wilson Sonsini Goodrich & Rosati • Brain computer interface technologies (BCI): BIS’ Advance notice of proposed rulemaking (ANPRM) that would question BCI’s ethical and policy issues • Potential new license requirements for surveillance technologies used for crowd control, facial recognition, machine learning, and biometric/AI technologies » Potential controls around quantum computing • State of BIS’ review of China-related export controls for surveillance technologies • Factors to be considered in classification and licensing requirements • Big picture trade compliance implications and how to work with the engineering teams to get the data required for classification

AUDIENCE POLLING AND INTERACTIVE BENCHMARKING

Christina Brayton-Lewis, Partner, White & Case LLP Panelists will describe the evolution of their sanctions and export control compliance programs, lessons learned, what tools they have used, and other hallmarks of a best-in-class program to maintain compliance while maintaining supply due diligence and keeping supply chains moving.

3:45

• Delve into certain components that companies have integrated within their current processes • Industry specific challenges – Semiconductor companies, telecommunication companies, aerospace companies, O&G, etc. » Program differences and similarities between industries • Working with verified entities – How much due diligence is enough?

• How to conduct a sanctions risk assessment as part of your compliance program • Keeping up with evolving export control requirements » Assessing the benefits of self-disclosure amid a possible violation • Getting buy-in for compliance efforts from the top down • Resource challenges: Getting top down buy-in

The Current and Future State of US/China Trade: Outbound Investment, Export Controls and Sanctions

5:30

3:15

Networking Break

Close of Day One

microphone-alt Anna Puglisi, Senior Fellow, Center for Security and Emerging Technology, Georgetown University

Tensions between the U.S. and China began to sour when the Trump Administration took a hard economic stance against China and started a trade war in 2018. Amid the Biden administration, there has been no luck in settling tensions, with Biden now trying to slow the growth of the Chinese tech sector. What can industry expect around further China trade restrictions here forward, as US/ China trade tensions only continue to mount?

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DAY TWO | Friday, October 13, 2023

9:45

SEMICONDUCTOR SUBSIDIES

Navigating State Tax Credits and Incentives Under the CHIPS and IRA Acts microphone-alt Taylor Sholler, Senior Director, Government Affairs, Lam Research

7:30

Registration and Continental Breakfast

8:55

Co-Chairs’ Opening Remarks microphone-alt Elizabeth Cannon, Senior Corporate Counsel, Global Trade, Microsoft;

Former Deputy Chief for Export Control and Sanctions, National Security Division, U.S. Department of Justice

Hon. Nazak Nikakhtar, Partner, Wiley Rein LLP; Former Assistant Secretary, Industry & Analysis, International Trade Administration, U.S. Department of Commerce 9:00

THE UFLPA

UFLPA Compliance and Your Broader International Trade Compliance Program microphone-alt Aaron Gothelf, Principal Counsel – Global Trade, The Walt Disney Company Cindy Owens, Senior Trade Counsel, Polaris Inc. Kelly Raia, Chief Operating Officer, Blue Tiger International Meredith Rathbone, Partner, Steptoe & Johnson LLP For importers trying to bring in goods from China’s XUAR region, ramped-up enforcement could mean an unexpected increase in inspections of shipments to determine place of origin.

Knowing how to prepare can make all the difference between costly delays and lost business.

• What documentation is needed for importers to demonstrate that goods were not produced in whole or in part in the XUAR region?

• What are the emerging counterpart laws in other countries that are driving further forced labor controls?

• UFLPA Compliance: Proving Source of Origin » Supply chain tracing information » Evidence pertaining to merchandise or any component thereof » Evidence pertaining to miner, producer, or manufacturer » Request an exception to the rebuttable presumption » Commodity-specific supply chain tracing documentation » Responding to CBP ramped-up enforcement

Roscoe Jones, Partner, Gibson Dunn & Crutcher LLP Hon. Nazak Nikakhtar, Partner, Wiley Rein LLP; Former Assistant Secretary, Industry & Analysis, International Trade Administration, U.S. Department of Commerce To address U.S. semiconductor manufacturing capacity challenges, Congress passed the CHIPS Act of 2022, which includes semiconductor manufacturing grants, research investments, and an investment tax credit for chip manufacturing, as well as the Inflation Reduction Act (IRA). How can multinational companies take advantage of these incentives at both a Federal and a State level?

• Navigating eligibility and terms and conditions for obtaining the financial assistance under the CHIPS Act • Evaluating whether the incentives under the CHIPS Act will be enough to overcome the financial disruptions caused by the New Rule (such as loss of sales and market share resulting from the new export control rules) • Defining ineligibility if company is owned by a “Foreign Entity of Concern” • Monitor and get ready for retaliatory measures that may be imposed by China (e.g., refusal to approve foreign mergers and acquisitions; trade controls of critical inputs such as rare earth elements) • State-level tax grants, discretionary incentives, tax credits, exemptions, and abatements in Ohio, Tennessee, Michigan • The proposed rule “Preventing the Improper Use of CHIPS Act Funding” and related federal corporate clawback measures • Synchronization possibilities between US CHIPS Act and EU Chips Act 10:30

Networking Break

10:45

Outbound Investment Restrictions microphone-alt Devin DeBacker, Chief, Foreign Investment Review Section, National Security Division, U.S. Department of Justice

Hon. Mario Mancuso, Partner, Kirkland & Ellis LLP Former Under Secretary of Commerce for Industry and Security, Bureau of Industry and Security, U.S. Department of Commerce Meena R. Sharma, Director (Acting), Office of Investment Security Policy and International Relations, U.S. Department of the Treasury • Updates to OFAC’s Non-SDN Chinese Military Industrial Complex list • Commerce’s Expansion Clawback under the CHIPS Act • New outbound investment executive order • Evaluating transactions and coordinating with foreign regimes

6 | Linkedin International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

11:30

COMPLEX HYPOTHETICAL SCENARIOS: MEU, MIEU, AND CCMC

The 3 Biggest Grey Areas and How to Address Them microphone-alt Kay C. Georgi, Partner, ArentFox Schiff LLP Nancy Fisher, Partner, Pillsbury Winthrop Shaw Pittman LLP As the U.S. government (as well as jurisdictions around the world) continue to implement more comprehensive export controls, the responsibility placed on organizations operating in the global marketplace to remain compliant continue to grow as well. During this practical session, expert practitioners will walk you through some of the most complex, vexing compliance dilemmas— and the newest best practices for resolving them.

Topics will include: • The grey areas across the different scopes and sources of prohibitions regarding each set of China trade control policies • How industry is updating screening, compliance policies and procedures around MEU, MIEU and CCMC regulations: What are best practices?

• License applications, approvals, and denials: What are the lessons learned from ever-evolving trends?

12:15

Networking Luncheon

1:30

GEOPOLITICAL AND COMPLIANCE RISK OUTLOOK

Insights into the Present and Future of U.S.-China Trade Relations microphone-alt Jeanette Chu, Vice President, National Security Policy, National Foreign Trade Council; Former Senior Policy Advisor, Bureau of Industry Security (BIS), U.S. Department of Commerce

Eric C. Emerson, Partner, Steptoe & Johnson LLP; Counsel, The U.S. China Business Council The war in Ukraine and China’s East-Asia posturing have not only created great geopolitical uncertainty, but they have also exacerbated an already tense U.S.-China trade war. How will the combination of the war, China’s tense positions on Taiwan and Japan, and a continued ramping up of U.S. sanctions and export controls against China impact U.S./China trade relations, as well as the global supply chain over the long term?

• How is the war and China’s East-Asia power play impacting China’s trade relations with the U.S. and the world in general?

• Assessing the growing surge of U.S. regulatory enforcement activity around China sanctions and export controls due to the war and China’s East-Asia posturing • Will China continue to respond with increased sanctions and export controls of its own?

• The Cyberspace Administration of China’s (“CAC”) cybersecurity review of US Micron: Should this be viewed as a retaliation against the US and its allies’ increasingly tight export controls targeting China’s semiconductor industry?

• How is this dynamic impacting global supply chains?

2:30

Networking Break

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2:45

Navigating the Most Vexing China Sanctions Challenges: Benchmarking and Best Practices microphone-alt Eric Carlson, Partner, Covington & Burling LLP Osmar Jose Benvenuto, Managing Director & Head of Financial Crimes Risk, Morgan Stanley; Former Deputy Chief, Criminal Division, U.S. Attorney’s Offices, U.S. Department of Justice Sahra Su, Lead Senior Legal Counsel, Export Control, SAP (Global) • Impact of US sanctions on business operations related to China/Hong Kong • Best practices for diligence on counterparties in China (including XPCC) • Understanding risks under China’s Countering Foreign Sanctions Law and related countermeasures » Potential counter measures Micron ban Consultancy ban 3:45

Examples from Russia that may be used • Identifying impacts and adjusting » Congressional and Administration responses » Pending legislations/ special committees/ hearings » G8/APEC, etc. » Multilateral responses? Who joins and who doesn’t

THE FINAL CYBER RULE

Dissecting BIS’ Final “Cyber Rule” for Intrusion Software microphone-alt Ursula Rothrock, Associate Export Compliance Counsel, Google Tamer Soliman, Partner, Mayer Brown The long-anticipated “cyber rule” and debated export controls on intrusion software have balanced U.S. foreign policy and national security concerns with the need for maintaining a regulatory framework that allows for legitimate cybersecurity transactions. The language of the interim rule reflected several years of negotiations codified in the multilateral 1996 Wassenaar Arrangement and incorporated significant U.S. stakeholder input received by BIS over the years through its various attempts to propose the controls. How should industry be applying this rule? What questions should they be asking and what steps should be taken to ensure compliance?

• Are items that are being exported outside the U.S. controlled as cybersecurity items?

• Do other standards apply, e.g., ITAR, certain encryption controls, or surreptitious listening or national security controls?

• Mapping the country of destination for these items and its eligibility under License Exception ACE • Defining the proposed “end users” of these items and whether they would fall within one of the categories of government end users • Determining the proposed end use or purpose for these items, including whether any exception would apply • Regulations being proposed that might require companies to maintain a detailed and up to date Software Bill of Materials (SBOM) • Comparing the Cyber Rule with other countries’ cyber-surveillance mitigation efforts 4:15

Close of Conference

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Group rates are also available. Train your team!

Make sure to use code D10-999-PASSPORT to receive the 10% off!

8 | Linkedin International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

BED VENUE INFORMATION The Madison Hotel

1177 15th Street NW; Washington, DC 20005 Reservations: https://book.passkey.com/e/50533260 American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI’s China Trade Controls”.

Please note that the guest room block cut-off date is September 12, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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