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:
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:
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.
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