If you are looking for a first class beginner's conference and related workshops on the International Traffic in Arms Regulations (ITAR), this is it! It is also a GREAT refresher for seasoned trade compliance professionals! I am speaking in two sessions on the Do’s and Don’ts for Preparing and Submitting CJ Requests and The Risks and Rewards of Being an Empowered Official: When and How an EO Can Be Held Personally Liable for ITAR Violations. Check out the long list of hot topics and many other superb presenters at this conference in sunny San Diego, California. The American Conference Institute has a long history and acknowledged reputation for putting together very well organized and executed events.
1. ITARBoot Camp
American Conference Institute’s 5th
February 16 & 17, 2011 | Hilton San Diego Resort and Spa, San Diego, CA
A Deep Dive into the International Traffic in Arms Regulations
How to Implement and Monitor an Effective Global ITAR Compliance Program
Resolve your daily ITAR compliance challenges by gaining
the practical tools you need to:
• Determine ITAR jurisdiction over defense, commercial and “dual-use”
items and prepare CJ requests: Classification do’s and don’ts
• Screen foreign, dual and third country nationals: Reconciling
deemed export requirements with anti-discrimination and privacy
law regulations
• Identify ITAR-controlled and “public domain” technical data
• Prepare and administer ITAR licenses: DSP-5s, TAAs and MLAs,
and prevent harsh penalties for misuse of exemptions
• Upgrade your global ITAR compliance program in a cost sensitive
environment: Presenting your business case to senior management
• Minimize global supply chain risks through end-use/end-user
and third party screening and compliance
• Manage your role as an “Empowered Official”: When and how
an individual can be held personally liable for ITAR violations
• Make sense of current and proposed brokering rules
• Investigate suspected or actual violations, and prepare
a voluntary disclosure
PLUS! New sessions for 2011:
• Export controls reform and your business: Status and impact
of pending policy changes on your compliance status
• Protecting IT access and controlled technical data with effective
technology controls
• Training your global sales, engineering, purchasing and
other teams to support your ITAR compliance efforts
* denotes “invited” at the time of print
Gain licensing and enforcement insights from:
Patrick R. Fitzgerald
Chief, National Security Section
U.S. Attorney’s Office, Central District of California
(Los Angeles, CA)
T. Henkels
Supervisory Special Agent
Counter-Proliferation Investigations
U.S. Immigration and Customs Enforcement
(San Diego, CA)
Candace M.J. Goforth*
Training Division Chief
Directorate of Defense Trade Controls - Licensing
U.S. Department of State (Washington, DC)
Benchmark your compliance practices with:
Benefit from Interactive and Practical
Workshops: February 15, 2011
A Fundamentals of US Export Controls:
A Crash Course on ITAR, EAR and
OFAC Requirements
B Preparing and Managing ITAR Licenses
and Agreements: How to Meet DDTC
Expectations for DSP-5s, TAAs and MLAs
Fully
Updated
for2011!
Register Now • 888-224-2480 • AmericanConference.com/ITARBC
Earn
CLE
Credits
ITT Corporation
Northrop Grumman
Rolls Royce North America
Teledyne Technologies
L-3 Communications
Raytheon
Boeing
Hydra Electric
Meggitt-USA
2. Large, mid-size and small companies that deal with defense articles,
services or related technical data must ensure that their export
practices and global supply chains comply with the U.S. International
Traffic in Arms Regulations (“ITAR”). U.S. officials are stepping up
ITAR enforcement across the globe, slapping harsh civil penalties on
companies and, in some cases, cracking down on empowered officials
and executives for criminal liability.
An exporter that does not have a handle on key requirements can
unknowingly violate strict provisions of the ITAR - and incorrectly
assume that their articles, technical data or services aren’t even subject
to the ITAR!
Moreover, prime contractors and subcontractors must address
ITAR compliance in their dealings or risk losing lucrative business!The
U.S. Department of Defense (DoD) has issued a final rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS).
The rule reinforces the contracting community’s obligations under
the ITAR, inserts export compliance clauses into DoD contracts and
imposes flowdowns at all contracting tiers.
Back in San Diego by popular demand, American Conference
Institute’s critically acclaimed ITAR Boot Camp is an in-depth,
practical course on the nuts and bolts of ITAR compliance.
Senior ITAR compliance executives and attorneys will teach you how
to overcome your practical, real-life ITAR compliance challenges,
and update you on the latest policy, regulatory and enforcement
developments. This course will allow for ample Q & A, hands-on
exercises and case studies, and will provide you with valuable speaker-
prepared materials that you can reference in your daily work.
Critical topics will include:
• Classifying your articles, technology and services, and preparing
CJ requests
• Screening and managing foreign, dual and third country
nationals: Addressing conflicts between deemed export
requirements, and anti-discrimination and privacy laws
• Distinguishing between ITAR-Controlled and “Public Domain”
technical data
• Optimizing your global ITAR compliance program amid
strained resources
• Training your sales, engineering, purchasing and other teams
to support your ITAR compliance efforts
• Preparing and managing ITAR licenses: How to meet DDTC
expectations for DSP-5s, TAAs and MLAs, and use exemptions
• Export controls reform and your business: Status and impact
of pending policy changes on your compliance program
• Protecting IT access and controlled technical data with effective
technology controls
• Ensuring end-use/end-user and third party compliance
to minimize global supply chain risks
• Managing your responsibilities as an “Empowered Official”
• Current and proposed brokering rules demystified: Complying
with Parts 129 and 130 of the ITAR
• What to do if you suspect or discover a violation, and how
to prepare a voluntary disclosure
Based on the past success of this event, spaces will fill up quickly!
Call 1-888-224-2480, fax your registration form to 1-877-927-1563
or register online at www.americanconference.com/ITARBC.
Whether You are a Large, Mid-Size or Small Company,
ITAR Compliance is Critical to Your Bottom Line!
Register now: 888-224-2480 • Fax: 877-927-1563 • AmericanConference.com/ITARBC
Continuing Legal Education Credits
Accreditation will be sought in those jurisdictions requested by
the registrants which have continuing education requirements.
This course is identified as nontransitional for the purposes of
CLE accreditation.
ACI certifies that the activity has been approved for CLE credit by the
New York State Continuing Legal Education Board in the amount of
14.0 hours. An additional 3.5 credit hours will apply to each workshop
participation A or B.
ACI certifies that this activity has been approved for CLE credit by the
State Bar of California in the amount of 17.0 hours. An additional 4.0
credit hours will apply to each workshop participation A or B.
You are required to bring your state bar number to complete the
appropriate state forms during the conference. CLE credits are processed
in 4-8 weeks after a conference is held.
ACI has a dedicated team which processes requests for state approval.
Please note that event accreditation varies by state and ACI will make
every effort to process your request.
Questions about CLE credits for your state? Visit our online CLE Help
Center at www.americanconference.com/CLE
CLE
Credits
Export Compliance Specialists, Coordinators and Administrators,✓✓
Empowered Officials, Vice Presidents, Directors and Managers of:
Export Compliance•
Export Administration•
Export Controls•
Export Policy•
Export Sales•
Export Licensing•
International Trade Compliance•
Internal Controls•
Vice Presidents, Directors and Managers of Contracts✓✓
General Counsel’s Office✓✓
VP, Legal Affairs/Operations•
International Trade Counsel•
Export Compliance Counsel•
Export Controls Counsel and Consultants✓✓
A Must Attend Event For:
3. Register now: 888-224-2480 • Fax: 877-927-1563 • AmericanConference.com/ITARBC
Day 1 – Wednesday, February 16, 2011
7:30 Registration and Continental Breakfast
8:30 Opening Remarks from the Boot Camp Co-Chairs
Beth Mersch
Director, Export Operations
Export/Import Shared Services
Northrop Grumman Corporation (Washington, DC)
Peter Lichtenbaum
Covington & Burling LLP (Washington, DC)
8:45 Classifying Your Articles, Technology and Services:
How to Determine ITAR Jurisdiction over
Defense, Commercial and “Dual-Use” Items
Greg Sloan
Director of Export Administration
The Boeing Company (Washington, DC)
Kathleen C. Little
Vinson & Elkins LLP (Washington, DC)
• When defense articles, technology and related services are
“ITAR-controlled”: What is covered by the U.S. Munitions
List (USML) vs. Commerce Control List
• How original design intent, government funding, R&D,
testing, specifications, underlying technology, tamper-
proofing and intended market factor can affect the
classification
• Clarifying ITAR application to commercial and “dual-use”
items
• The “specially designed or modified” reach of the ITAR, the
“see-through” rule and their application to your products
• Identifying when foreign commercial products and
technology can become ITAR-controlled
• Classifying innovative technology that is not listed in the USML
• Commingling and integrating commercial and defense
technologies
• How embedding US-origin content into foreign produced
items can impact classification
• Reconciling conflicting US and foreign classifications: What
to do when your item is ITAR-controlled, but dual-use/
commercial under foreign export controls
10:15 Networking Coffee Break
10:30 Screening and Managing Foreign, Dual and Third
Country Nationals: Reconciling Deemed Export
Requirements with Anti-Discrimination and
Privacy Laws
Candace M.J. Goforth*
Training Division Chief
Directorate of Defense Trade Controls- Licensing
U.S. Department of State (Washington, DC)
Laurie Magree
Trade Compliance Manager
ITT Corporation (Van Nuys, CA)
John P. Barker
Arnold & Porter LLP (Washington, DC)
• How DDTC defines “foreign national”, “dual national”,
“third country national”, “U.S. person” and “access”: Status
and impact of proposed changes to dual and third country
national requirements under 126.18
• How ITAR addresses the sharing of technology with foreign
persons inside and outside the U.S.
• Working with HR on ITAR considerations affecting the
hiring stage and employment
• Screening and interviewing foreign nationals without
discriminating on the basis of national origin: Reconciling
the ITAR with EU, Australian and Canadian human rights
and privacy laws
• When and how to cover foreign nationals under MLAs
and TAAs
• Incorporating export controls language into your offer
letters, employment agreements and using non-disclosure
agreements (NDAs)
• Assigning foreign persons to ITAR sensitive areas: Avoiding
deemed export/re-export violations
• Managing deemed export risks when outsourcing
IT and engineering activities overseas
• Controlling visitor access to restricted areas
11:45 Distinguishing Between ITAR-Controlled and
“Public Domain” Technical Data
Jeff Merrell
Vice President, Global Trade Compliance
Rolls-Royce North America (Reston, VA)
Daniel Fisher-Owens
Berliner Corcoran & Rowe LLP (San Francisco, CA)
• Defining “technical data” and “export” of technical data
• Determining whether technical data is in the “public
domain” under 120.11
• Identifying whether technical data is ITAR-controlled
• Recent DDTC guidance and expectations on how to
control technical data
• Reducing the risk of technical data export violations
in offshore procurement ventures
• Complying with restrictions governing “technical” discussions
12:30 Networking Luncheon
1:45 Do’s and Don’ts for Preparing and Submitting
CJ Requests
Harriette M. Henderson
Corporate Director International Affairs
Teledyne Technologies Incorporated
(Thousand Oaks, CA)
John Priecko
President and Managing Partner
Trade Compliance Solutions (Manassas Park, VA)
• Submitting electronic CJ requests: What you need to submit,
what supporting material to include and other key elements
• Responding to requests for US and foreign competitive
information
• Expediting the process
• What to do when your product has migrated from military
to commercial use without a CJ
• How to “commercialize” existing USML items to break
free of ITAR controls
4. Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/ITARBC
• Key factors affecting CJ determinations: Recent trends
in rulings and lessons learned
• How to interpret CJ determinations
• What you can do with the CJ after you get it
2:45 Training Your Sales, Engineering, Purchasing and
Other Teams to Support Your ITAR Compliance
Efforts
David Broyles
Vice President, Group Trade Compliance
Meggitt-USA Inc. (Simi Valley, CA)
Darren P. Riley
Huffman Riley Kao PLLC (Washington, DC)
• What resources DDTC expects companies to devote to
training, and how DDTC evaluates internal training
programs
• Conducting a cost/benefit analysis: Effective training
without cutting corners
• Who should conduct training, and how to train the trainer
• Pros and cons of online vs. in-person training tools
• Teaching employees how to identify potential violations
• Training in foreign languages: Key challenges and pitfalls
• Special considerations for engineering, sales, management
and compliance personnel
• Frequency and scope of “refresher” training: Identifying
areas of weakness for further training
3:30 Networking Refreshment Break
3:45 Reducing the Risk of Defense Services Export
Violations
Dean W. Gudgel
Senior Counsel, Missile Systems
Raytheon Company (Tucson, AZ)
John Liebman
McKenna Long & Aldridge LLP (Los Angeles, CA)
• What are “defense services” under the ITAR
• How the broad definition of “defense services” affects
commercial companies
• Flagging defense services issues before they occur: Compliance
procedures to identify when/if you have crossed the line
• How U.S. persons can engage in ITAR-controlled “defense
services” by simply providing public domain information
• How “defense services” can cover technical data related
to EAR-controlled items
• Keeping ITAR “taint” from undermining your commercial
services
4:30 Ensuring End-Use/End-User and Third Party
Compliance to Minimize Global Supply Chain Risks
Beth Mersch
Director, Export Operations
Export/Import Shared Services
Northrop Grumman Corporation (Washington, DC)
Kathleen C. Little
Vinson & Elkins LLP (Washington, DC)
• Building an effective end use/end user screening program
• Complying with necessary end use/end user authorizations
and certifications
• Identifying the licensing requirements for a change
in end-use or end-user
• Where the exporter’s responsibility for third party
compliance begins and ends: When and how much to train
third parties, and how much is too much
• Vetting third parties, including subcontractors, freight
forwarders, distributors, customs brokers, customers,
re-sellers and others: What to look for and ask at the
due diligence stage
• When second, third and fourth tier suppliers need to
register with DDTC
• Nature and extent of audit rights to include in third party
contracts, and how to exercise them
• Tracking supplier and other third party outsourcing activities
• Safeguards to implement for orders and shipments
5:30 Boot Camp Adjourns
Day 2 – Thursday, February 17, 2011
8:30 Opening Remarks from the Co-Chairs
8:35 ITAR Enforcement Update and Q & A
Patrick R. Fitzgerald
Chief, National Security Section
U.S. Attorney’s Office, Central District of California
(Los Angeles, CA)
T. Henkels
Supervisory Special Agent
Counter-Proliferation Investigations
U S Immigration and Customs Enforcement
(San Diego, CA)
Candace M.J. Goforth*
Training Division Chief
Directorate of Defense Trade Controls - Licensing
U.S. Department of State (Washington, DC)
Mary Carter Andrues - Panel Moderator
Arent Fox LLP (Los Angeles, CA)
At this interactive Q & A session, you will have an opportunity
to hear first-hand government insights on heightened ITAR
enforcement risks, and the latest trends in civil and criminal
penalties for violations. Get the latest updates on government
enforcement plans, priorities and lessons learned from recent
enforcement actions. Don’t miss this invaluable opportunity to
hear what government expects, looks for and how to meet their
expectations for ITAR compliance.
9:30 Strengthening Your Global ITAR Compliance
Program in a Cost Sensitive Environment:
Interactive Benchmarking Session
Greg Sloan
Director of Export Administration
Global Trade Controls
The Boeing Company (Washington, DC)
Regina G. Turner
Director, International Licensing & Compliance
L-3 Communications (Mason, OH)
5. Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/ITARBC
John Liebman
McKenna Long & Aldridge LLP (Los Angeles, CA)
Through a roundtable discussion, Q & A and analysis of sample
procedures, processes, manuals and more, the panelists will share
their cutting edge insights on how to implement an effective
internal ITAR Compliance Program and make your business
case to senior management. This unique benchmarking session
will not only provide you with the nuts and bolts for your
program, but will allow you to hear first-hand accounts of how
to avoid key pitfalls affecting your daily compliance activities.
• How much you need to spend: Tailoring your compliance
program to your company operations and industry risks
• Leveraging internal departmental resources to optimize
efficiency and compliance
• Developing and updating your compliance manual,
procedures and processes, including policy statements,
message from senior management, etc.
• Integrating your Technology Control Plan (TCP) into your
overall compliance program
• Incorporating foreign licensing and approvals into your
daily compliance activities
• Scope and frequency of internal audits, and who should
conduct them: Building a comprehensive self-assessment
tool
- frequency and scope
- assembling the right assessment team
- collecting and controlling information
- types of documents to review/create
10:45 Networking Coffee Break
11:00 The Risks and Rewards of Being an “Empowered
Official”: When and How an EO Can be Held
Personally Liable for ITAR Violations
Jeff Merrell
Vice President, Global Trade Compliance
Rolls-Royce North America (Indianapolis, IN)
John Priecko
Trade Compliance Solutions (Washington, DC)
• What is an “empowered official”: Key responsibilities based
on regulations and corporate requirements
• Measuring the risk of personal liability for ITAR violations:
Recent penalty trends for ITAR violations by empowered
officials
• When an empowered official can be held to a higher
standard than other compliance personnel
• What DDTC expects from empowered officials: When and
how DDTC questions companies about the qualifications
of empowered officials
• Selecting an empowered official: Assessing qualifications
and experience
• What should happen when an empowered official learns
about an ITAR violation
• To what degree an empowered official should delegate -
and how much is too much
• How many empowered officials should a company have?
• What are a company’s responsibilities to train its
empowered officials
12:00 Networking Luncheon
1:15 Export Controls Reform and Your Business:
Status and Impact of Policy Changes on Your
Global Export Operations
David Broyles
Vice President, Group Trade Compliance
Meggitt-USA Inc. (Simi Valley, CA)
Dean W. Gudgel
Senior Counsel, Missile Systems
Raytheon Company (Tucson, AZ)
This interactive roundtable discussion will address the practical
implications of export controls policy changes. In addition to
updates, the panelists will discuss what you should be doing
now to prepare for possible export controls reform, and what
potential changes can mean for the future of your business and
industry. Ample time will be left for Q & A, so come prepared!
2:15 Protecting IT Access and Controlled Technical
Data with Effective Technology Controls
Laurie Magree
Trade Compliance Manager
ITT Corporation (Van Nuys, CA)
Beth Mersch
Director, Export Operations
Export/Import Shared Services
Northrop Grumman Corporation (Washington, DC)
• Structuring your TCPs and TTCPs to meet ITAR
requirements
• Controlling foreign nationals’ access to ITAR-controlled
data: When a password, absolute lockdown and/or email
controls are required
• Managing access risks posed by offshore IT support, cloud
computing and e-rooms for electronic collaboration
• Protecting US-origin data on laptops and servers
• Managing email transfers of technical data: Tracking and
marking sensitive communications, and designating emails
• Protecting hardware and servers: When to create separate
servers for controlled information and/or partition drives
• Requirements for recordkeeping, storage, data maintenance,
preservation and retrieval procedures
• Working with your IT Department, and conducting
reviews of your IT program
3:15 Networking Coffee Break
3:30 Avoiding Harsh Penalties for Misuse of ITAR
Licensing Exemptions
John Barker
Arnold & Porter LLP (Washington, DC)
• Key exemptions and their limitations, including:
- U.S. person abroad/U.S. subsidiary
- U.S. Government exemption
- Canadian exemption
- Return and repair exemption
- Temporary Imports
- FMS exemption
- Re-exports to NATO, Australia or Japan
- UK and Australia ITAR exemptions
- University fundamental research exclusion
6. “Provides in-depth, practical knowledge and experienced that I will be able to take back and improve
our processes and program.”
Export Compliance Manager, Oshkosh Corporation, 2010 Attendee, ITAR Boot Camp, San Diego
Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/ITARBC
• Licensing exemptions related to exports of technical data
• Critical pitfalls to avoid in using exemptions
• Meeting recordkeeping requirements for the use of exemptions
• Department of Defense “certified” exemptions: When they
apply, and the process to obtain “certification”
• The consequences of misusing exemptions
4:15 Current and Proposed Brokering Rules
Demystified: Complying with Part 129
of the ITAR
Peter Lichtenbaum
Covington & Burling LLP (Washington, DC)
• Status of proposed rules, and how they differ from existing
requirements
• What activities constitute “brokering”? Who is a “broker”?
• Application to foreign persons otherwise subject to U.S.
jurisdiction
• When and how to get ITAR license approvals for brokers,
and meet reporting requirements
• Satisfying “prior notification” requirements and exemptions
for large exporters and SMEs
• Best practices for broker agreements and activities:
Compliance checklist
• Monitoring compliance by foreign agents and representatives
4:45 What to Do if You Suspect or Discover a Violation:
When and How to Investigate, Prepare a Voluntary
Disclosure and Implement Remedial Measures
Robert A. Schacht
Chief Operating Officer
Hydra Electric Company (Burbank, CA)
Mary Carter Andrues
Arent Fox LLP (Los Angeles, CA)
• When to call DDTC before your investigation
• Structuring an internal investigation
- composing the right investigative team
- types of documents to review and what to look for
- sharing the findings
- privilege protection and related considerations
• When to use in-house vs. external counsel/consultants
• Deciding whether to file a voluntary disclosure: Factors
to consider
• How to apply DDTC guidelines, expectations and ITAR
127.12 requirements
• Key elements of a voluntary disclosure: Timeframe, how far
to drill down, whom to interview and breadth of the report
• What to expect from DDTC post-disclosure: Trends in
required remedial measures and the timeframe for making
improvements
5:30 Boot Camp Concludes
*denotes invited speaker at time of print
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The fee includes the conference, all program materials, continental breakfasts,
lunches, refreshments and complimentary membership of the ACI Alumni
program.
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You must notify us by email at least 48 hrs in advance if you wish to send
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please notify American Conference Institute (ACI) in writing up to 10 days
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directly and mention the “ITAR Boot Camp” conference to receive this rate:
Venue: Hilton San Diego Resort and Spa
Address: 1775 E Mission Bay Drive, San Diego, CA 92109
Reservations: 800-445-8667
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Interactive, Practical Workshops:
February 15, 2011
A Fundamentals of US Export
Controls: A Crash Course
on ITAR, EAR and OFAC
Requirements
B Preparing and Managing
ITAR Licenses and
Agreements: Meeting DDTC
Expectations for DSP-5s,
TAAs and MLAs
ITARBoot Camp
American Conference Institute’s 5th
February 16 & 17, 2011 | Hilton San Diego Resort and Spa, San Diego, CA
A Deep Dive into the International Traffic in Arms Regulations
How to Implement and Monitor an Effective Global ITAR Compliance Program