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3 hours

This is session 1 of 2 in the EAR and OFAC Fundamentals: Export Control of Dual-Use Equipment, Technology & Services virtual course.

This virtual 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.
 
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.
 

 NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.
About Our Experts
  • Christine Sohar Henter
    Partner, Barnes & Thornburg LLP
    As a first generation American, Christine Sohar Henter exemplifies a passionate commitment to the practice of international trade law. She represents companies, trade associations, and governments on international trade matters including import trade remedies, customs compliance, export controls, sanction laws, and international business transactions, based on her public and private sector experience.

    Christine started her legal career in public service. She was a senior attorney with the Office of the Chief Counsel for Import Administration (now the Office of Enforcement & Compliance) at the U.S. Department of Commerce (DOC). There, she advised U.S. government officials on compliance with U.S. trade laws and represented the U.S. in judicial appeals domestically before courts and internationally before the World Trade Organization (WTO) and North America Free Trade Agreement (NAFTA) panels. Christine was also the lead attorney for Commerce's Office of Textiles and Apparel, drafting implementation regulations, counseling on the application and negotiation of international textile and free trade agreements. Prior to DOC, Christine served as a legal adviser for a Commissioner and Chairperson at the U.S. International Trade Commission (ITC), assisting with trade remedy decisions, responding to inquiries from Congressional members, and overseeing 337 reviews. Before pursuing her government legal service in Washington, D.C., she assisted numerous companies with their export business through the Denver US Export Assistance Center.
    EDUCATION
    University of Denver Josef Korbel School of International Studies, M.A.
    Miami University, B.A.
    University of Denver Sturm College of Law, J.D.
  • 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 distinct objectives surrounding their global commerce initiatives.
    EDUCATION
    Loyola Law School, Los Angeles, (J.D.), 1987, member of Loyola of Los Angeles Law Review
    University of California, Irvine, (B.A.), 1983
  • Clinton Yu
    Partner, Barnes & Thornburg LLP
    International trade attorney Clinton Yu advises clients on compliance with U.S. trade and investment laws, including customs and import regulations, export controls (ITAR & EAR), economic sanctions (OFAC), and CFIUS.

    Clinton is a trusted advisor for domestic and foreign clients in navigating the complex international trade issues affecting corporate and commercial transactions. He is also a strong advocate for clients dealing with U.S. government enforcement, whether in the context of investigations, penalties or voluntary disclosures.

    With more than a decade of experience, Clinton practices before the federal agencies that enforce U.S. international trade regulations, such as the U.S. Directorate of Defense Trade Controls (DDTC), Bureau of Industry and Security (BIS), Office of Foreign Assets Control (OFAC), and Customs and Border Protection (CBP).
    EDUCATION
    The University of Texas at Austin, B.A., 2006
    University of Houston Law Center, J.D., 2009
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