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In the past few years, export control compliance has become an increasing business imperative of U.S. and non-U.S. companies alike. The United States has an extensive and aggressively-enforced set of export control and economic sanctions laws and regulations. These rules have several elements that are extra-territorial in application, and enforcement trends in the last few years show an increasing focus on non-U.S. companies that are charged with export control and sanctions violations. At the same time, other jurisdictions other than the United States -- including the European Union and its member states -- are focusing more regulatory and enforcement resources on restricting the export of commodities and technologies deemed to raise diversion, proliferation, and terrorism risks. Likewise, use of targeted sanctions has become more frequent. In order to manage international compliance risks, companies need be mindful of the impact of overlapping export control and sanctions regimes.
This course, featuring export control lawyers on both sides of the Atlantic, will discuss the basics of U.S. (such as the International Traffic in Arms Regulations, the Export Administration Regulations, and the Foreign Asset Control Regulations) and E.U. export controls. Specifically, it will address: 1) Similarities and differences in the major export control regimes; 2) The application of multiple sets of rules on military production programs; 3) The impact of European controls on military campaigns, contingency operations, and humanitarian relief efforts; 4) The status of dual-use export licensing and enforcement in Europe; 5) Human resources and data privacy considerations relating to export controls; 6) The way to manage risks of extra-territorial controls when pursuing lawful business opportunities; and 7) How the economic sanctions regimes supplement basic export control requirements.
**Please stay tuned for upcoming registration information on this program. Call 888-494-3696 and a Federal Publications Seminar representative will address your questions.
Dates and Locations
9:00 AM - 4:30 PM
1. Overview of US Export Controls
c. OFAC sanctions
2. Jurisdictional and Substantive Elements EU Export Controls
a. EU Dual Use List and Germany Implementation
b. EU and Germany Military Export Controls and Brokering Restrictions
c. EU and Germany Financial Sanctions
d. Interplay of EU/UK Export and Sanctions Controls and Other European Laws (Employment, Data Protection)
e. Managing the Differences Among EU Member State Export Licensing Regimes
3. Special Issues Associated with Military Co-Production in Europe
a. Managing TAAs/MLAs
b. US/UK Defense Trade Treaty Developments
c. Managing Intra-EU Transfers of Military and Annex IV Items
4. Regulatory risks and requirements under export control and sanctions regulations
arising from various forms of corporate and commercial affiliation – such as parent-subsidiary, joint venture, sole sourcing, technology sharing arrangements.
5. Why EU Companies need to be Mindful of US Controls
6. Recent US Enforcement Developments and their impact on Europe
7. Efficiently managing compliance risks under US and EU regulatory regimes
Andrew D. Irwin is member of the Litigation and International Departments, in the Washington office of Steptoe & Johnson LLP. He practices at the intersection of government procurement and international regulatory law, focusing primarily on corporate investigations and related compliance counseling. He has a particular background in laws and regulations that relate to government contracting fraud, export controls/sanctions, and global corruption. He also has considerable experience in general corporate ethics/compliance counseling, as well as ethics/compliance program administration and development. He has conducted investigations in Europe, Asia, and the Middle East (including on the ground in Iraq). Prior to coming to Steptoe, Mr. Irwin spent several years as inside counsel for one of the world’s largest engineering and construction companies.
Specifically, Mr. Irwin has considerable experience counseling clients in a number of industries regarding their compliance with the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), as well as Office of Foreign Assets Control (OFAC) sanctions. Much of his work in this area involves enforcement matters such as voluntary disclosures. In addition, he has extensive Foreign Corrupt Practices Act (FCPA) experience, including conducting investigations, due diligence and audits of sales agents, as well as preparing corporate policies and training materials. He frequently draws upon his background in public procurement in such matters. In addition, he counsels clients regarding contingency contracting in Iraq. For 2009-10, he will serve as co-Chair of the American Bar Association Public Contract Law Section’s International Procurement Committee and has also written and spoken widely on international regulatory compliance issues.
David Lorello, a member of the London office of Steptoe & Johnson, LLP has assisted clients in investigating issues arising under the U.S. and European anti-corruption laws including US Foreign Corrupt Practices Act (FCPA) and in developing anti-corruption compliance programs. Mr. Lorello has also represented clients before the World Bank Sanctions Committee in defending against allegations of corrupt practices in World Bank procurement. Mr. Lorello has particular expertise in managing corporate investigations in Europe, including in managing and maintaining compliance with EU data protection laws and related laws restricting the review and sharing of information in Europe in the course of investigations.
Stephan Müller (teaching at Frankfurt only) is a partner at Oppenhoff & Partner and specializes in public law, in particular environmental, export control and public procurement law. He regularly publishes articles and speaks on conferences on these topics. Since 2006 he has been giving lectures in export control law at the Cologne Universtiy of Applied Sciences.
His practice encompasses advice in crisis situations and risk managment as well as developing compliance structures. He advises his clients in permission as well as procurement proceedings. Finally, he represents clients in proceedings before civil and administrative courts. In corporate transactions his focus lies on risk analyses in the course of due diligence processes as well as developing strategies for risk mitigation. For many years he has been ranked as leading practitioner in export control matters by JUVE Handbook German Commercial Lawfirms.
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TBD (60 minutes), TBD (50 minutes)