Export Control of Equipment, Technology, and Services

For manufacturers, exporters, their executives, and legal and financial advisors.

Includes coverage of the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).

Practical instruction on export controls of equipment, technology, and services and how to obtain the proper clearances from the appropriate Government agency with the speed and economy necessary to compete profitably overseas.

What the laws and regulations require.
Latest revisions to the laws and regulations.
How the regulations are enforced.

Export control of equipment, technology and services is a fact of life that U.S. firms and their legal advisors must learn to deal with. The transfer of equipment, technology and services is tightly controlled by the Government's extensive export licensing requirements. Department of Defense, State Department and Customs Service officials favor tougher control of exports to minimize the chance of strategic technology falling into unfriendly hands. Department of Commerce officials encourage reduced restrictions to improve the trade deficit and encourage high-tech innovation. The policy debate rages on.

To assist you in successfully dealing with the export controls impacting your business, we have prepared this basic course. Its focus is practical solutions to the complex problems and procedures involved in export licensing. Among other things, it covers dual use, commerce, state & treasury regulations. Its purpose is to ease the way, within the framework of the law and regulations, for the international transfer of equipment and technology. The course will also detail the rights available to contest what may be unreasonable burdens, as well as how best to pursue those rights. In short, it will provide you with concise guidance and the information you need to know.

Coverage includes:

The legal framework - Statutes and regulations; their magnitude, requirements and daily impact
Preparation - What to do up front to prevent violations of the export regulations and resultant penalties.
Licensing procedures - A step-by-step guide for obtaining export licenses; understanding the agencies that administer the regulations; what questions to ask and when.
License denials - How to appeal successfully
Enforcement procedures - Prosecution and available defenses
Special problems - Proliferation controls; technical data; computer hardware/software; proposals; foreign trade shows; restricted countries; emergency situations; plant visits by non-U.S. nationals; joint ventures.

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 licensing of technology. In addition, each attendee will receive a comprehensive Course Manual of material the faculty has authored solely for this program.

We invite you to join us.

Export Control of Equipment, Technology, and Services
Course Curriculum

Statutes and Regulations
1. Arms Export Control Act
2. International Traffic in Arms Regulations
3. U.S. Munitions List
4. Export Administration Act
5. Export Administration Regulations
6. Commerce Control List
7. International Emergency Economic Powers Act
8. Foreign Assets Control Regulations
9. Foreign Corrupt Practices Act
Controlled Transactions
1. Military Sales
2. Commercial Sales
3. Dual Use Equipment and Sales
4. Technology Transfers Proposals
5. Manufacturing Licensing Agreements and Technical Assistance Agreements
Government Intervention
1. State Department
2. Commerce Department
3. Department of Defense (DOD) Department of the Treasury
4. Department of Justice
Current Administration Policy
1. Focus
  1. Critical technologies
  2. EPCI controls
  3. Increased enforcement
  4. Post 9-11
2. DOD Perspective
3. State Department Perspective
4. Commerce Department Perspective
5. Intelligence Community Perspective
6. New Initiatives
Export Licensing
1. What's Required
2. Exceptions
3. State Department Licensing
4. Commerce Department Licensing
5. Where to Go
6. Who Reviews
7. How Long It Takes
Licensing Procedures
1. Office of Defense Trade Controls Bureau of Export Administration DOD Involvement OFAC Restricted and Embargoed Countries Licensing of Re-Exports
2. Amending Licenses
Export of Technical Data
1. What It Is
2. How It's Treated
  1. State Department controls
  2. Commerce Department controls
  What Is an Export
  1. Transmission of information
  2. Oral exchanges
  3. Telecommunications
  4. The Internet
  5. Plant visits
  6. Offshore subsidiaries
3. Who Is a Foreign Person? Defense Services
4. Plant Visits by Non-U.S. Nationals
Enhanced Proliferation Control Initiative
1. Nuclear Nonproliferation
2. Chemical and Biological Warfare
3. Missile Technology Controls
Enforcement
1. Department of Justice
2. Customs
3. Other Enforcement Agencies
4. Extraterritorial Application
  1. Foreign subsidiaries
  2. Re-exports
5. Ethics Matters
Violations
1. Elements
  1. Willful violations
  2. Knowing violations
2. Liabilities
  1. Corporate
  2. Individual
3. Penalties
  1. Criminal
  2. Civil
4. Debarment from Government Contracting
5. Denial of Export Privileges
Prosecution
1. Who's Responsible
  1. Exporters
  2. Licensees
  3. Aiders and abettors
2. Conspiracies Overseas Application
3. Defense Strategies
Down the Road
1. What to Expect
2. Pending Legislation
3. Critical Issues

The Course Faculty

Karen A. McGee Barnes & Thornburg’s LLP
Partner in the 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. She 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 Barnes & Thornburg LLP
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.

Ms. Weinberg received a B.A. from the University of California at Irvine and earned her J.D. from Loyola Law School Los Angeles. She was a member of the Loyola of Los Angeles Law Review. Ms. Weinberg is a member of the Customs Law and Export Controls and Economic Sanctions Committees of the ABA Section of International Law. She is admitted to practice in the District of Columbia and Maryland and before the U.S. Court of International Trade, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court.

John Ward
Group Supervisor, Arms & Strategic Technology Investigations, U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security.