Bring any seminar or course directly to your staff through the Federal Publications’ In-House Presentations Program.
Please note, the EAR & OFAC Fundamentals course taught during International Week is a 1-day course. EAR & OFAC Fundamentals at all other locations is a 2-day course.
U.S. embargo and sanctions policy dominated the headlines in 2015 and will continue to do so in 2016. Yet with so many recent changes to the rules on trading with Cuba, Iran, Russia and the Ukraine, it can be difficult to keep up. Join us for our indispensable EAR/OFAC Fundamentals course and learn about the opportunities as well as the continued restrictions on dealing with embargoed countries. We will also discuss the direction of additional sanctions relief in the coming year, particularly with respect to Iran and Cuba.
This course is a 'must' for companies with products and/or technologies that have or will be transitioned from the ITAR to the EAR as a result of the President's Export Control Reform Initiative, particularly manufacturers of parts, components, and subsystems.
“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, 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. Many U.S. companies have found that Export Control Reform ("ECR") has actually complicated their business because they must now deal wiht the EAR as well as the International Traffic in Arms Regulations ("ITAR"). For many U.S. companies, this is their first foray into th eworld of the EAR, and they are finding it to be a very different world.
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.
- 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”)
- The President's Export Control Reform Initiative: transition of items and technology from the ITAR and U.S. Munitions List to the EAR and the Commerce Control List.
- Commerce Control List and the new "600 series" ECCNs
- "Order of Review"
- Applying the definition of "Specially Designed"
- 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
- Licensing exceptions, including use of "STA" for 600 series ECCNs
- Grandfathering of existing licenses during reform grace period
- 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 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.
This course is sponsored by:
This course is sponsored by Barnes & Thornburg LLP.
Barnes & Thornburg LLP serves clients in more than 50 dedicated practice and industry areas from offices in Atlanta, Delaware, Chicago, Indiana, Los Angeles, Michigan, Minneapolis, Ohio and Washington, D.C. Going the extra mile to help you with your complex legal needs.
Dates and Locations
October 27, 2017
American Management Association
9:00 AM - 4:00 PM
Fundamentals of the U.S. Export Administration Regulations and Foreign Assets Control Regulations
• 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?
• Just How Broad is the EAR?
• Foreign Products with U.S. Content
• Direct Product of U.S. Technology - Country-Specific Concerns
• 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
• 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”
Special Product Concerns
• Chemicals/Biological Agents and Equipment
• Gas Turbines
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
• Internal Audits
• BIS Template
• Validated End Users
• Special Comprehensive License
• 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.
MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
NCMA: CONTRACT MANAGER CERTIFICATION
All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org
This Program is eligible for: 6.5 for 1-day, 13 for 2-day (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
This Program is eligible for: 6.0 for 1-day, 11 for 2-day (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
This Program is eligible for:
5.50 for 1-day, 11 for 2-day (60 minutes),
American Management Association
2345 Crystal Drive, Second Floor
Arlington, VA 22202
Coffee, tea and water will be served throughout the day with an afternoon cookie break. Breakfast and lunch are on your own.
METRO RAIL LINE:
Yellow & Blue Line – METRO Stop – Crystal City
From the METRO - AMA is 2 blocks east and 4 blocks south on Crystal Drive
There is not a room block for this location, however the AMA offers special hotel rates. Please visit http://www.amaconferencecenter.org/washington-hotels.htm
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
Lunch Sponsored by Barnes & Thornburg LLP
Barnes & Thornburg LLP will sponsor lunch on these dates and locations:
- February 25, 2016 in San Diego, CA
- October 26, 2016 during International Contracting Week in Arlington, VA
Register Now for:
|October 27, 2017
Call (888) 494-3696