The Basic ITAR Course

A fundamental overview of the U.S. International Traffic In Arms Regulations (ITAR). This course will help you understand the U.S. laws and Federal agencies that regulate the export of hardware and technology from the U.S. Attendees will gain an understanding of how these regulations impact your ability to do business in the international marketplace.

Some of the topics covered are:

Introduction to Basic Concepts under ITAR
Interpreting the U.S. Munitions List
Export Licensing Requirements
Internal Compliance Programs

This one day essential course has been developed for those needing a basic understanding of the ITAR. The faculty will feature attorneys with over 20 years experience working with the ITAR as well as a Special Agent from the U.S. Department of Homeland Security who will emphasize the importance of ITAR compliance. This course will teach you the basic requirements of the ITAR and answer your questions about how these rules apply to you and your organization.

This course will offer instruction on:

How to understand and work with the Regulations
How to self-classify your hardware/technology
How to draft a Commodity Jurisdiction Request
How to register your company with the U.S. Department of State, Directorate of Defense Trade Controls
How to apply for an export license
How to recognize “exports” of technical data under the ITAR (including the Deemed Export Rule)

This introductory course is for business executives, international contracting specialists, contract managers and administrators, program and project managers, marketing professionals, engineers and other technical personnel, newly appointed export compliance officers, logistics personnel, and legal and financial advisors.

The Basic ITAR Course Agenda

Registration and Breakfast 8:00 am - 9:00 am

Introduction to U.S. Export Controls
1. Controlling Statutes and Regulations
2. Relevant U.S. Government Agencies
The Registration Process
1. Requirement to Register
2. Maintenance of Registration
Introduction to Basic Concepts Under the ITAR
1. What is a Defense Article?
2. Identifying Technical Data and Defense Services Under the ITAR
3. What is an “Export” Under the ITAR?
4. Deemed Exports
Commodity Jurisdiction Determinations
1. How to Self-Classify our Hardware/Technology–USML
2. When to Apply for a Commodity Jurisdiction
3. How to Draft a Successful Commodity Jurisdiction Request
Basic Licensing Process
1. What is Required and Where to Go
2. Types of Authorization
3. Preparing an Export License Application/D-Trade Process
4. Application Review Process
ITAR Exemptions
1. Major Exemptions for Defense Articles
2. Major Exemptions for Defense Services
3. Limitations on Use of Exemptions
4. Best Practices
Re-Exports and Re-Transfers
1. The Initial Export
2. Requesting Authorization for Re-Exports and Re-Transfers
3. Exemptions
4. Internal Tracking
Internal Compliance Program
1. Corporate Policy Statement
2. Designating Responsible Persons
3. Internal Reviews and Notifications
4. Recordkeeping
5. Training
6. Screening Transactions/Red Flags
7. Internal Tracking of ITAR Products
8. Technology Transfer Control Plan
What To Do If a Mistake Happens
1. When Do I Make a Voluntary Disclosure
2. What to Include in a Voluntary Disclosure
3. What Happens After I Submit a Voluntary Disclosure

Speakers

Shane Folden Section Chief, Programs Arms & Strategic Technology Investigations
ICE Headquarters, National Security Division and Supervisory Special Agent in the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). As the Section Chief, Mr. Folden is responsible for developing new initiatives as well as providing guidance and support for criminal investigations involving the unlawful transfer of munitions and other controlled United States sensitive items and technology to foreign entities. During his career, Mr. Folden has served as a Supervisory Special Agent and Senior Special Agent in various criminal investigatory areas including drug smuggling, child exploitation, money laundering, and Arms and Strategic Technology.

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

Linda M. Weinberg Barnes & Thornburg, LLP
Linda Weinberg is a partner in Barnes & Thornburg LLP’s Washington, D.C. office and is a member of the firm’s Business Department and the Global Services Practice Group. Ms. Weinberg assists clients with various international trade law issues, including export controls, foreign assets control and customs. Ms. Weinberg also advises and represents clients on export classification, licensing, technical assistance agreements, and enforcement relating to “dual-use” and defense articles, encryption software, and technical data and services. Her experience extends to a range of industries, including aerospace, satellite, nuclear, electronics, communications defense, security, and software. In addition, she provides clients with counseling, licensing services, and enforcement representation with respect to U.S. economic sanctions, related USA PATRIOT Act issues, and antiboycott regulation.