U.S.-China Trade Controls

Complimentary Post-Election Briefing CALENDAR-ALT December 8, 2020

 October 22, 2020 (Eastern Daylight Time)

EARN CLE CREDITS

Virtual Conference on

U.S.-CHINA TRADE CONTROLS Critical Updates from: Matthew Borman Deputy Assistant Secretary of Commerce for Export Administration U.S. Department of Commerce

Gain the Latest Best Practices from Leading Exporters, Including: • Honeywell

• GE

• Intel

• TransDigm

• Embraer Associate Sponsors:

Practical Guidance on Military User and End-User Regulations, the Foreign Direct Product Rule, Critical Technologies and Licensing Exceptions

Don’t miss out on the only, comprehensive one-day event of its kind.

Connect and ensure that you are fully up-to-speed on: CHEVRON-RIGHT The Application of the Entity List to All Parties: How Industry is Strengthening Screening, Compliance, Supply Chain and Human Rights Due Diligence CHEVRON-RIGHT The Foreign Direct Product Rule, License CIV and APR: Applying Recent Changes-and Managing Their Practical Impact CHEVRON-RIGHT Military Use and End-User Regulations: The Newest Lessons-and Pitfalls to Avoid CHEVRON-RIGHT Contingency Planning: “Compare Notes” on Your Post-Election Compliance Roadmap and 2021 Strategy CHEVRON-RIGHT Controlling Foundational Technologies: What is Coming Down the Pipeline?

CHEVRON-RIGHT TikTok and CFIUS: Recent Developments, Mandatory Filing-and What They Mean for Approvals and Mitigation Moving Forward CHEVRON-RIGHT Hong Kong: Key Updates on the Present and Future of Exports and Re-Exports to China

Your Registration Includes a Complimentary Post-Election Briefing | December 8, 2020

AmericanConference.com/USChinaTrade • 888 224 2480

Part of C5 Group’s ECONOMIC SANCTIONS GLOBAL SERIES

“

BIS Expands the Huawei Foreign Direct Product Rule

After Trump’s TikTok Ban, China Readies Blacklist of Foreign Companies

– JD Supra

– New York Times

Experts say Trump’s war on TikTok could have a lasting impact on trade and might force tech companies to choose between doing business in the U.S. or China

U.S. Suspends Bilateral Agreements with Hong Kong, Escalating Tensions with China

U.S. Sets Export Controls on China’s Top Chip Maker – The Wall Street Journal

– New York Times

”

– Business Insider

Back by popular demand, we are excited to announce the 2nd Edition of ACI’s Virtual Conference on U.S.-China Trade Controls. Join BIS, in-house decision-makers, and the “who’s who” of the international trade and national security bar to discuss the impact of evolving export control regulations-and what is on the horizon.

In addition to joining us on October 22nd to take stock of important changes, updates and best practices, your conference registration includes a special “Post-Election Briefing” on December 8th.

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.

Speakers: CO-CHAIRS: Kay Georgi Partner Arent Fox LLP Douglas N. Jacobson Managing Partner Jacobson Burton Kelley PLLC

DISTINGUISHED FACULTY INCLUDES: Brooks Allen Counsel Skadden, Arps, Slate, Meagher & Flom LLP Former Assistant General Counsel, Office of the U.S. Trade Representative

2 | #ACI_IntTrade

Continuing Legal Education Credits

Matthew Borman Deputy Assistant Secretary of Commerce for Export Administration Bureau of Industry and Security U.S. Department of Commerce Kevin Cuddy Government & Regulatory Affairs Executive Export Regulation Office IBM Debi Davis Vice President - Global Compliance TransDigm Group F. Amanda DeBusk Partner Dechert LLP

Nelson G. Dong Partner Dorsey & Whitney LLP Ibie Falcusan Vice President & Chief Export General Counsel Honeywell Ajay Kuntamukkala Partner Hogan Lovells Aimen Mir Partner Freshfields Bruckhaus Deringer

Former Deputy Assistant Secretary for Investment Security, U.S. Department of the Treasury

Kathleen Palma Senior Executive, International Trade Compliance GE Joanne Rapuano Chief Compliance Officer - North America Embraer SA Jeff Rittener Chief Government Affairs Officer; Vice President of Governments, Markets and Trade Intel Corporation

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/accreditationinstructions-for-virtual-attendance/

Media Partners:

Christine E. Savage Partner King & Spalding LLP

twitter: @USChinaTrade linkedin: International Trade: Legal, Regulatory and Compliance Professionals

AGENDA

October 22, 2020 (Eastern Daylight Time) 9:45

Co-Chairs’ Opening Remarks Microphone-alt Kay Georgi, Partner, Arent Fox LLP

Douglas N. Jacobson, Managing Partner, Jacobson Burton Kelley PLLC

10:00

BIS Keynote Address Microphone-alt Matthew Borman, Deputy Assistant Secretary of Commerce for Export Administration Bureau of Industry and Security, U.S. Department of Commerce

10:30

The Application of the Entity List to All Parties: How Industry is Strengthening Screening, Compliance, Supply Chain and Human Rights Due Diligence Microphone-alt Ibie Falcusan, Vice President & Chief Export General Counsel, Honeywell

Ajay Kuntamukkala, Partner, Hogan Lovells

• How the Entity List restrictions apply to all parties, including freight forwarders, purchasers, parents, subsidiaries and other affiliates of listed persons • Updates on recent additions and changes to the Entity List: Evolving restrictions on Huawei Technologies and designated non-U.S. affiliates and SMIC • How Entity List restrictions differ from other prohibited party lists, including the SDN list, Denied Party list, Unverified list and Debarred Party list • The latest best practices for prohibited party screening programs • Xinjiang Uyghur Autonomous Region (XUAR): » Updates on the addition of Chinese state-owned and commercial organizations to the Entity List for being “implicated in human rights violations and abuses” » Developing protocols for human rights due diligence, and close monitoring of upstream and downstream supply chain exposure

11:30

Break

12:00

Keynote Address 12:30

The Newest, Unwritten Lessons for Applying Military User and End-User Regulations Microphone-alt Debi Davis, Vice President - Global Compliance, TransGigm Group

Joanne Rapuano, Chief Compliance Officer - North America, Embraer SA

F. Amanda DeBusk, Partner, Dechert LLP

This unique, interactive session will provide an opportunity to work through the latest, most complex dilemmas coming across your desk. Participate in user-friendly, anonymous audience polling to compare notes on applying new export control regulations. The expert panelists will take you through three scenarios and how to apply complex requirements in practice.

1:15 LICENSE REQUIREMENTS AND EXCEPTIONS

The Foreign Direct Product Rule, License CIV and APR: The Finer Points of Interpreting and Applying Recent Changes-and Managing Their Practical Impact Microphone-alt Kay Georgi, Partner, Arent Fox LLP

Christine Savage, Partner, King & Spalding

• The latest changes-and how to apply: New pain points and best practices • Increasing number of foreign-made items captured by the EAR, including certain generic, commercial and off-the-shelf items • What is entailed in the case-by-case review policy for foreignmade items that are capable of supporting the “development” or “production” of telecom systems, equipment and devices at only below the 5G level • Aftermath of the expiration of the Huawei Temporary General License • Impact of the elimination of license exception CIV? • Status of BIS’ proposal to eliminate APR

AmericanConference.com/USChinaTrade • 888 224 2480

• Securing flexible licensing replacements for CIV and APR • When are items “produced or developed” by Huawei? What level of technical contribution does it take?

2:00

Break

2:30

Controlling Foundational Technologies: Where Are We and What is Coming Down the Pipeline?

Microphone-alt Kevin Cuddy, Government & Regulatory Affairs Executive Export Regulation Office, IBM

During this interactive discussion, benefit from expert perspectives on the present and future of export controls on foundational technologies. Topics will include: • Status and impact of the ANPRM: Defining and identifying “foundational technologies” • How the controls might affect “legitimate commercial or scientific applications” • Update on industry feedback • Which technologies are likely to be subject to stricter controls 3:00

Critical Technologies, TikTok and CFIUS: Mandatory Filing Requirements, Investigations and What They Reveal about Committee Approvals Moving Forward Microphone-alt Aimen Mir, Partner, Freshfields Bruckhaus Deringer

Former Deputy Assistant Secretary for Investment Security, U.S. Department of the Treasury

Brooks E. Allen, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP Former Assistant General Counsel, Office of the U.S. Trade Representative

• Scope and impact of amended mandatory filing requirements • How CFIUS has looked at deals involving critical technologies • How to adjust due diligence procedures to account for export controls instead of industry focus • Potential new categories of investments and foreign investors • How CFIUS treats “personal data” and “data security” • Key takeaways from the 2019 Annual Report

Part of C5 Group’s ECONOMIC SANCTIONS GLOBAL SERIES

AGENDA

3:45

Break

4:30 INTERACTIVE BENCHMARKING

4:00

Hong Kong on the Eve of the U.S. Election: The Uncertain Future of Exports, Re-Exports and Sanctions and How to Cover Your Compliance Bases Led by the Co-Chairs, benefit from expert insights and ask your most pressing questions!

Contingency Planning in Practice: Industry Decision-Makers Discuss U.S. China Trade Relations, Export Compliance-and their Blueprints for Effective Risk Management Part I: What’s Keeping You Up at Night from Now Until January?

Part II: “Compare Notes” on Your Post-Election Compliance Roadmap-and Strategy for 2021

• Crystal ball readings into the future from both potential election outcomes • Will the increased tariffs remain?

• The future of controls on Hong Kong • Trade policies through targeting of specific Chinese companies • Potential retaliation from China 5:30

Co-Chairs’ Closing Remarks

Microphone-alt Jeff Rittener, Chief Government Affairs Officer; Vice President

• Special status of Hong Kong in U.S. legislation

of Governments, Markets and Trade, Intel Corporation

• Consequences of determination that Hong Kong is not autonomous

• Export and reexport requirements that would apply if special status is revoked

Moderator: Nelson G. Dong, Partner, Dorsey & Whitney LLP

• Hong Kong Autonomy Act and potential sanctions on foreign financial institutions

Kathleen Palma, Senior Executive, International Trade Compliance, GE

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Conference Oct. 22, 2020 + Post-Election Briefing Dec. 8, 2020

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