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Join us for a special edition of our popular “Export Control of Equipment, Technology and Services” course at Federal Publications Seminars “International Contracting Week” at the AMA Conference Center in Arlington, Virginia, on Tuesday, October 26, 2010. 

This special edition, “EAR and OFAC Fundamentals:  Export Control of Dual-Use Equipment, Technology and Services,” includes coverage of the U.S. Export Administration Regulations (EAR), the International Emergency Economic Powers Act (IEEPA), and various U.S. sanctions laws and regulations.

Gain practical instruction on export controls of equipment, technology, and services and how to obtain the proper clearances from the Bureau of Industry and Security (BIS) or the Office of Foreign Assets Control (OFAC) with the speed and economy necessary to compete profitably overseas.
 
Export controls are a fact of life for virtually all U.S. businesses.  Even in this era of deregulation, the transfer of equipment, technology and services is tightly controlled by the Government's extensive export licensing requirements. Although the Administration has called for extensive reforms in U.S. export control laws, many in Congress favor a continuation of the current stringent controls.  Any efforts to reform the U.S. export control structure will be balanced against the need to prevent U.S. technology from falling into the hands of terrorists and rogue governments.  Consequently, U.S. companies can anticipate export controls to continue to affect their business for the foreseeable future.

To assist you in successfully dealing with the export controls impacting your business, we have updated this basic course to focus on the EAR and U.S. sanctions.  The course aims to increase your ability to recognize EAR-controlled products and technology, recognize various export situations and determine whether your export requires a license.   It will offer practical compliance strategies that can be implemented by companies of any size.   The course will also highlight special concerns, including sanctioned and embargoed countries, end use/end user issues, and hiring of foreign nationals.
 
Coverage includes:
•  The legal framework – U.S. statutes and regulations as well as international agreements (Wassenaar; Nuclear Suppliers Group; Missile Technology Control Regime; Chemical Weapons Convention).
 
•  Jurisdictional concerns between the Department of Commerce (“dual-use”) and the Department of State (“defense articles”)
•  U.S. Sanctions and Embargoes
•  Recognizing and protecting EAR-controlled technology
•  Learning how to prevent “deemed exports” of technology to foreign national employees and others in the U.S.
•  Classifying your product under the EAR and requesting a “CCATS”
•  Licensing determination:  using the “Country Chart” to determine the licensing requirements for your destination
•  Licensing procedure and licensing exceptions
•  General Prohibitions, End/Use and End User Controls
•  Antiboycott regulations
•  Screening your customer
•  Compliance Plans
•  Enforcement - penalties, voluntary disclosures and recent enforcement actions as case studies .

These subjects and more, detailed in the Course Curriculum will be presented by a distinguished Course Faculty-individuals with exhaustive experience in the special area of export control. In addition, each attendee will receive a comprehensive Course Manual.

For manufacturers, exporters, their executives, export compliance officers, logistics personnel and legal and financial advisors.

Dates and Locations
October 24, 2012
AMA Conference Center
Arlington, VA
$595.00
Accreditation
This Program is eligible for:
11.0 (60 minute)
13.2 (50 minute)
This Program is eligible for:
13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
Related Downloads
Registration Form for fax-in registrations (PDF)
Daily Schedule
AMA Arlington: 9:00 AM - 4:00 PM

Fundamentals of the U.S. Export Administration Regulations and Foreign Assets Control Regulations

AGENDA

•  U.S. Export Control Policy
•  Overview of Export Control Laws
•  U.S. Laws and Regulations
•  International Agreements (e.g., Wassenaar; Nuclear Suppliers Group; Missile Technology Control     Regime; Chemical Weapons Convention)
•  What is a “Dual-Use” item subject to the EAR?
•  Distinguishing Defense Articles from Dual-Use
•  Commerce vs. State Jurisdiction
•  Requesting a Commodity Jurisdiction Determination
•  Requesting Information from Your Customer
•  What is an “Export” under the EAR?
•  Hardware
•  Technology
•  Just How Broad is the EAR?
•  Re-exports
•  Foreign Products with U.S. Content
•  Direct Product of U.S. Technology - Country-Specific Concerns
•  EAR
•  OFAC
•  Overlapping Jurisdiction
•  Anti-boycott Regulations

Export Licensing - Requirements and Procedures
•  How do I know if I need a license?
•  Commerce Control List Walk-through: Classifying Your Products/Technologies
•  Reasons for Control
•  Technical Parameters
•  Country Chart
•  “EAR99:” End Use/End User and Non-Proliferation Controls
•  China Military End Use
•  Obtaining a “CCATS” – Commodity Classification Determination
       Signing up for SNAP-R
       Using SNAP-R
•  EAR Licensing Exceptions
•  EAR Licensing Process
•  Elements of a License Application
•  Interagency Review
•  OFAC Licensing

Exports of Technology and “Deemed Exports”
•  Identifying EAR-controlled Technical Data and Technology
•  Marking of Drawings and Specifications
•  What is “Publicly Available” Information
•  Fundamental Research
•  “Deemed Exports”
•  Assistance

Special Product Concerns
•  Nuclear
•  Encryption
•  Chemicals/Biological Agents and Equipment
•  Gas Turbines
•  Navigation

Establishing a Compliance Program
•  Screening of Transactions

Lists to Check
Red Flags: “know your customer”
10 General Prohibitions
End Use/End User Concerns and Certifications
Steps of Order Processing
Key Elements of an Export Compliance Program

•  Export Control Organization
•  Corporate Commitment
•  Training
•  Internal Audits
•  BIS Template

Special Programs
•  Validated End Users
•  Special Comprehensive License

Violations
•  What is a Violation
•  Potential Civil and Criminal Penalties
•  Voluntary Disclosure Process
•  Internal Corporate Investigations
•  Enforcement by BIS, ICE and others

Karen A. McGee is a partner in Barnes & Thornburg LLP's Washington, D.C. office and a member of the International Practice Group and the Business, Tax & Real Estate and Intellectual Property departments. She concentrates primarily on antidumping and countervailing proceedings; customs law, export controls, trade in defense articles and services, foreign assets controls and other international trade regulatory matters. Ms. McGee works regularly with the International Trade Commission, the Department of Commerce (International Trade Administration and Bureau of Industry and Security), Department of Homeland Security (U.S. Customs & Border Protection), Department of State (Directorate of Defense Trade Controls) and Department of Treasury (Office of Foreign Assets Controls).

Ms. McGee received her J.D. from George Washington University Law Center in Washington, D.C., and a B.A. in economics from Providence College. She is admitted to practice in the District of Columbia and before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Ms. McGee is an active member of the Washington Foreign Law Society and Society for International Affairs. 

Linda Weinberg is a partner in Barnes & Thornburg LLP's Washington, D.C. office and a member of the firm's Business, Tax & Real Estate Department and the International Practice Group. Ms. Weinberg assists clients with various international trade law issues, including customs, export controls, and foreign assets control. She works regularly with the U.S. and foreign government agencies that regulate international trade. Ms. Weinberg's practice encompasses customs, NAFTA and other duty preferences, country-of-origin marking, valuation, classification, security, transportation issues, and domestic preferences. She resolves complex NAFTA verifications, seizures, voluntary disclosures, penalties, and enforcement of intellectual property rights.

Accreditation
This Program is eligible for:
11.0 (60 minute)
13.2 (50 minute)
This Program is eligible for:
13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
AMA Conference Center
2345 Crystal Dr
Ste 200
Arlington, VA 22202
Register Now for:
EAR and OFAC Fundamentals: Export Control of Dual-Use Equipment, Technology and Services - 1 Day
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Date Location
October 24, 2012 Arlington, VA
By Phone
Call (888) 494-3696