Many government contractors are familiar with the International Traffic in Arms Regulations (ITAR) and its impact on military sales, yet U.S. export controls on commercial off-the-shelf (COTS) products can be equally impactful.  Recent changes to the Export Administration Regulations (EAR) and various U.S. sanctions and embargoes increase the compliance challenges for contractors.  In particular, companies dealing with China and Russia, as well as Burma/Myanmar, Cambodia, and Venezuela, must comply with the recently expanded Military End-Use/ End User (MEU) and Military Intelligence End-Use/End User (MIEU) rules.   Businesses in the civilian aerospace, marine, telecommunications, electronics, software, and materials processing industries can be especially affected.  As U.S. foreign policy and national security policies continue to evolve rapidly, now more than ever, it is important that contractors and global businesses stay on top of the applicable regulations.  

Join the Barnes & Thornburg ITAR and Export Control team as we highlight the increased diligence obligations, best practices, and common compliance pitfalls for those engaged in export-related transactions. The Barnes & Thornburg faculty will also utilize practical exercises to engage the audience in issue-spotting and discussion of potential risk mitigation strategies.   This course offers contractors and other organizations a deep dive into the following areas:

The Export Administration Regulations 
The course covers the fundamentals of the EAR, the primary U.S. set of regulations governing the export of dual-use COTS hardware, software and technology. Specifically, the faculty will introduce the regulatory agency, the Bureau of Industry and Security (BIS), the Commerce Control List (CCL), export licensing requirements, and violations and penalties under the EAR.  In particular, the course highlights certain high-risk areas under the EAR, e.g.:

• The sweeping MEU, MIEU, Entity List, and other end-user/end-use rules requiring prior government approval before export and re-export of U.S. products, no matter where they are located;
• Licensing requirements that may apply to the employment of foreign persons working on EAR-controlled projects in the U.S. (“deemed exports”).

Attendees will also learn about the low-level military items also controlled by the EAR, i.e., the so-called “600-series” items that transitioned from the ITAR’s U.S. Munitions List.

Office of Foreign Assets Controls Sanctions Laws & Regulations
The course introduces the U.S. Department of the Treasury’s Office of Foreign Assets Controls (OFAC), which administers a number of different sanctions programs that affect COTS transactions.  It offers in-depth instruction on compliance with the economic and trade sanctions against targeted foreign countries as well as organizations and individuals on the List of Specially Designated Nationals (SDN) and other OFAC lists. Attendees will learn about country-specific rules and potential penalties for non-compliance.

LEARNING OBJECTIVES

After completing this course, you will be able to:

• Identify EAR-controlled commodities, technology and software 
• Determine the applicable export licensing requirements
• Understand the MEU, MIEU  and other end use/end user rules and how affected commodities are controlled for export
• Identify countries restricted by the EAR and U.S. sanctions and embargo policies 
• Recognize technology sharing and employment situations that may result in a “deemed export”
• Determine licensing strategy and requirements
• Create a compliance strategy, including “screening,” to help avoid doing business with restricted parties and destinations

WHO SHOULD ATTEND

This full-day program is specially designed for contract administrators and managers, international contracting specialists, compliance teams, sales and marketing personnel, program and project managers, engineers/R&D personnel, legal personnel, and others involved in the international marketplace and trade compliance.  

The course is suitable for beginners as well as advanced learners.