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Overview

U.S. embargo and sanctions policy continue to dominate the headlines.  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 sanctions 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.
 
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”)
  • 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.

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

Learning Objectives:
Upon completion of this course, you will be able to:

  • Recognize and protect EAR-controlled technology
  • Correctly identify licensing exceptions
  • Identify and protect “deemed exports’ of technology
  • Understand legal and regulatory export control laws


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, Dallas, Delaware, Chicago, Indiana, California, Michigan, Minneapolis, Ohio and Washington, D.C. Going the extra mile to help you with your complex legal needs.  Visit btlaw.com.

Dates/Locations
June 10, 2021
Platinum Hotel
Las Vegas, NV
Travel Info
Standard: $1,000.00
Premium: $1,395.00
Register
July 30, 2021
The Westin Hilton Head Island
Hilton Head Island, SC
Travel Info
Standard: $1,000.00
Premium: $1,395.00
Register
September 15, 2021
The Flamingo Hotel
Las Vegas, NV
Travel Info
Standard: $1,000.00
Premium: $1,395.00
Register
Agenda
8:00 AM - 3:00 PM
Las Vegas, NV

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

Experts
  • Nicholas Galbraith
    Associate, Barnes & Thornburg
    Nicholas A. Galbraith is an associate in Barnes & Thornburg's Washington, D.C., office and is a member of the Corporate Department and International Trade Practice Group. Nicholas advises domestic and international clients on a wide range of complex trade matters. His experience in export co...
  • Christine Sohar Henter
    Partner, Barnes & Thornburg LLP
    Christine Sohar Henter is a partner in the International Trade Practice Group of Barnes & Thornburg's Washington, D.C., office. As a member of the Corporate Department, Christine represents trade associations, governments, and corporate clients on international
    trade matters including im...
  • Linda Weinberg
    Partner, Barnes & Thornburg LLP
    Linda Weinberg provides practical advice to business and institutional clients on international trade law, including export controls, foreign assets control and customs. She works regularly with the U.S. and foreign government agencies that regulate international trade to help clients realize their...
  • Clinton Yu
    Partner, Barnes & Thornburg LLP
    Clinton Yu advises clients on international trade matters, including customs and import regulations, export controls and economic sanctions, national security, and trade remedies. With a focus on corporate compliance, Clinton is valued for his strategic approach to navigating today’s complex i...
Accreditation
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.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and 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 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.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 6.5 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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.
CLP Hours
This program is eligible for: 6.0 (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.
CLE Hours
This program is eligible for: 5.50 (60 minutes), (50 minutes)
Travel
Platinum Hotel
211 E. Flamingo Rd.
Las Vegas, NV, 89169
7026362431
Hotel & Room Block Info

There is not a room block for this location. Please call the hotel directly at 877.211.9211 to make your room reservation.

General Information

Food & Beverage

Coffee and hot tea will be served in the morning, and an afternoon snack will be served (with coffee and hot tea).  Lunch is on your own:

There are two restaurants in the hotel and several restaurants inside the nearby Flamingo Hotel. Also nearby is Bahama Breeze; Fogo de Chao Brazilian Steakhouse; Buca di Beppo Italian; and Marilyn’s Café, Pub 365, and Caffe Bottega inside the nearby Tuscany Suites & Casino.

The Flamingo Hotel
3555 Las Vegas Blvd S
Las Vegas, NV, 89109
7027333111
Hotel & Room Block Info

We have a room block secured at the Flamingo Hotel for Las Vegas Week.  Visit https://book.passkey.com/go/SFFPS1 to reserve your room. Group rate is $94 + taxes + daily resort fee of $35/room/night. You must make your reservation by Friday, August 10, 2021. Rooms are subject to availability.

General Information

Food & Beverage
Continental breakfast, lunch and afternoon coffee will be served.

The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC, 29928
8886278551
Hotel & Room Block Info

We have a room block secured for the Hilton Head weeklong event. For guest room reservations, click here. Group rate is $269 + taxes, plus a Resort Charge of $17/room/night (this is reduced from the normal $28/night). You must make your reservation by July 5, 2021. Rooms are subject to availability.

Government Per Diem

Please note that we have reserved a limited number of guest rooms at the government per diem. These rooms are limited to one attendee per qualifying company. You will be required to present a valid Government ID upon check-in to confirm use of the government rate. To make a reservation, click here.

General Information

Food & Beverage

During Hilton Head Week, we will be serving continental breakfast, lunch and an afternoon snack each day.

Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    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.
  • 300
    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.
  • 400
    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.
  • 500
    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.