Webinars

Below, please find descriptions for each of the 17 webinar in the series.  To register for individual webinars or for the 101, 201, or entire 17-part series, please visit our registration page.

BIS Introduction (101 Series)
Tuesday, June 6
1:00-2:30pm Eastern

Join the US Commercial Service and Tahlia Townsend of Wiggin & Dana for an introductory webinar on the Bureau of Industry and Security (BIS).

The mission of the Department of Commerce’s Bureau of Industry and Security (BIS) is to advance “U.S. national security, foreign policy, and economic objectives” through “an effective export control” system and “U.S. strategic technology leadership.” BIS advances its mission through the Export Administration Regulations (EAR), which regulate the export and the re-export of the commercial, dual-use, and certain less sensitive military commodities, data, and services, and also prohibit cooperation with foreign boycotts such as the Arab League boycott of Israel. BIS is responsible for evaluating and processing license requests for proposed exports and re-exports, auditing compliance with license exceptions, investigating both intentional and unintentional violations by U.S. and foreign companies, initiating enforcement actions and dispositioning voluntary self-disclosures.

This presentation will address:
~Product classification
~Overview and scope of the EAR
~Embargoes and end-user/end-use restrictions
~Licensing
~Anti-boycott compliance
~Voluntary disclosure
~Recent enforcement actions
Register here

Complying with the International Traffic in Arms Regulations (ITAR) (101 Series)
Thursday, June 8
1:00-2:30pm Eastern

The U.S. Commercial Service invites you to join Alfredo Fernandez of Shipman & Goodwin LLP for practical guidance on the application of the International Traffic in Arms (ITAR) Regulations.

The U.S. State Department’s Directorate of Defense Trade Controls (DDTC) administers the ITAR, which implement the Arms Export Control Act (AECA) and regulate international defense trade involving the United States. The ITAR regulate temporary and permanent exports from the United States, temporary imports into the United States, and the retransfer from an authorized end user of “defense articles” and technical data identified on the U.S. Munitions List (USML). The ITAR also regulate the provision of “defense services” as well as certain defense brokering activities whether conducted by U.S. or non-U.S. persons. DDTC views the privilege to engage in defense trade as one which must be exercised with extraordinary integrity, transparency, and competency. The trend over the last few years has been increased investigation and enforcement of ITAR-related violations, sending a clear message to businesses engaged in international trade of the necessity of complying with U.S. export control laws and regulations.

The presentation will address:
• Overview and scope of the ITAR
• Determining What Is Subject to the ITAR
• Complying with DDTC Registration Requirements
• ITAR Licensing and Exemptions
• Voluntary Disclosures, Enforcement and Penalties

Register here

 

OFAC Overview (101 Series)
Tuesday, June 13
1:00-2:30pm Eastern

The US Commercial Service invites you to join speakers from the Department of Treasury’s Office of Foreign Asset Controls for an OFAC Overview webinar.

The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security, foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under US jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.

This presentation will address:
• OFAC Basics
• Comprehensive Sanctions Programs
• Sanctions Compliance Strategies
• OFAC Enforcement Overview
• OFAC Sanctions Resources
• Q&A

Register here

 

Foreign Corrupt Practices Act: What Every Company Doing Business Abroad Needs to Know
Two Views on Anti-Corruption (101 and 201 Series)
Thursday, June 15
1:00-2:30pm Eastern

The US Commercial Service invites you to join Ross Garber of Shipman & Goodwin LLP and Richard Bistrong of Front-Line Anti-Bribery LLC for a webinar on the Foreign Corrupt Practices Act.

The Department of Justice, SEC, FBI, and other federal agencies have devoted unprecedented resources to detecting and prosecuting Foreign Corrupt Practices Act (FCPA) violations, which are resulting in substantial penalties and prison sentences for those involved. Companies and their employees have been held liable even when they did not know about improper conduct by their agents and channel partners. This webinar provides practical guidance on how you can avoid FCPA problems.

This presentation will address:
• FCPA Red Flags
• New incentives for whistleblowers under the Dodd-Frank law
• Detection techniques employed by government agencies
• Government focus on particular industries including medical device, pharmaceutical, military, and law enforcement products
• Particular risks for business conducted in countries with state-owned enterprises, such as China
• Compliance with new U.K. bribery law
• Standards for an effective compliance program
• Preventing individual liability for executives, compliance personnel, finance officers and salespeople
• What are the behavioral risks that front-line commercial teams face in remote regions.
• How to help employees respond to dilemmas where local culture might conflict with the rules.
• How to identify risk that a risk based compliance program might miss.
• How to prepare and engage in frontier markets where lucrative business opportunities and corruption risk are intertwined.

Register here

Export Control Consideration for MRO Products
U.S. Import and Return (Export) to Foreign Customer (101 and 201 Series)
Wednesday, June 21
1:00-2:30pm Eastern

The US Commercial Service invites you to join Gary Wilmarth of Wilmarth & Associates for a webinar on Export Control Considerations for MRO products.

Is your company handling MRO? How does your customer send you the product? Is your company importing raw material or components for assembly into your company’s products and re-exporting? This webinar will cover the basics of temporary and permanent imports.

This presentation will address:
• Provisioning for U.S. Import of Foreign Customer Items for MRO.
o U.S. Sale/Export of Items For Potential Return (U.S. Import) for MRO
o Sale of U.S. MRO Services to Foreign Customers
• U.S. MRO of Controlled (ITAR or EAR) Vs. Uncontrolled Items
• U.S. Import Clearance and Provisioning to Support Return (U.S. Export)
• U.S. Import Planning and Customs Clearance Needs/issues Including Country of Origin of Item Returned, Value, Tariff Classification, etc.

Register here

Creating an Effective Export Management Compliance Program (101 Series)
Thursday, June 22
1:00-2:30pm Eastern

The US Commercial Service invites you to join Gary Wilmarth of Wilmarth & Associates for a webinar on creating an effective export management compliance program.

This presentation will address:
• Developing and Implementing Effective Export Control Policies & Procedures
• Qualification of Activities and Functional Controls – Product & Technical Data
• Training of Employees – Ensure Their Understanding of U.S. Export Laws/Regulations and Their Responsibilities as Qualified Under Company’s Export Controls
• Review/Audit to Validate U.S. Export Compliance and Maintain Integrity of Export Controls

Register here

OFAC Specific Country Issues (201 Series)
Wednesday, July 12
1:00-2:30pm Eastern

Join the US Department of Commerce and US Department of Treasury, OFAC speakers for a webinar covering country specific OFAC issues/sanctions. This webinar will feature US Department of Treasury OFAC personnel discussing Cuba, Iran, and Russia sanctions and issues companies need to know.

Register here

BIS In Depth (201 Series)
Thursday, July 13
1:00-2:30pm Eastern

Join the US Department of Commerce BIS speakers for an in-depth webinar on BIS, where BIS licensing officers will discuss more nuanced topics related to the Export Administration Regulations (EAR). Speakers will discuss recent regulatory changes as well as changes to the entity list and sanctions list.

The presentation will address:
• Definitions dealing with technical controls
• New Hong Kong regulations
• Mechanics on properly preparing paperwork for licenses and avoiding RWAs
• Technology control changes
• USML to CCL
• Export enforcement’s role

Register here

Cybersecurity and IT Access: Legal Consideration and Best Practices for Developing an Effective Cybersecurity Strategy (101 and 201 Series)
Tuesday, July 18
1:00-2:00pm Eastern

The US Commercial Service invites you to join Jim Ambrosini of CohnReznick LLP for a webinar on cybersecurity and IT Access.

Cyber-attacks and network intrusions aimed at stealing sensitive and proprietary business and trade information have become an almost daily occurrence in the U.S. private sector. While businesses are conscious of the need to protect their valuable intellectual property in whatever form it takes along the supply chain, from research and development to end-user sales, cyber-related instances, including cyber-espionage tactics, are becoming more sophisticated and pose a significant threat to the private sector. Unauthorized access to corporate computer networks, servers and sensitive and proprietary business and trade information can lead to significant economic harm and legal liability. As supply chains become increasingly complex and global, the information that passes within it is increasingly susceptible to theft, manipulation, destruction and exploitation.

This presentation will address:
• A discussion of the federal regulatory regimes focused on cybersecurity, including recent changes in U.S. cybersecurity policies and regulations governing unclassified “controlled technical information”
• Best practices for protecting IT access and controlled technical data and developing an effective cybersecurity strategy and program
• Legal requirements and risk mitigation considerations when conducting a cybersecurity vulnerability assessment

Register here

Destination Control Statements (101 Series)
Thursday, July 20
1:00-2:30pm Eastern

The U.S. Commercial Service invites you to join Alfredo Fernandez of Shipman & Goodwin LLP to discuss the proper use of a Destination Control Statement for your exports.

In late 2016, the US Department of Commerce, Bureau of Industry and Security (BIS), Department of State, Directorate of Defense Trade Controls (DDTC) published final rules to harmonize the Destination Control Statement (DCS) language required under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), respectively. Exporters must be now be using a new DCS for exports of military and/or dual-use good.

The presentation will address:

• New language of the DCS
• Proper placement of the DCS and requirements to properly complete your export documentation
• Which exports do not require the DCS
• Implementation tips (updating policies, work instructions, ERP and/or document generator software)

Register here

License Exceptions (201 Series)
Tuesday, July 25
1:00-2:30pm Eastern

Join the US Department of Commerce’s Bureau of Industry and Security (BIS) for an in-depth analysis of specific uses of license exceptions. This webinar, designed for individuals with a solid understanding of the BIS basics, will specifically focus on:
• License exceptions for the 600 series;
• Particular emphasis will be paid to license exception SCP (Support Cuban People) and STA (Strategic Trade Authorization);
• Frequently asked questions regarding license exceptions;
• Case examples of the best uses of license exceptions will be provided

Register here

Site Visits, Enforcement Actions and Voluntary Disclosures (101 Series)
Thursday, July 27
1:00-2:30pm Eastern

The U.S. Commercial Service invites you to join Alfredo Fernandez of Shipman & Goodwin LLP for practical guidance on how to handle site visits, administrative, civil and criminal investigations and enforcement actions, and evaluating whether to voluntarily disclose potential or actual violations to the government.

Over the past few years, the most significant development in U.S. export control and economic sanctions enforcement has been the proliferation of vigorous administrative, civil and criminal enforcement. While the U.S. Departments of State, Commerce, Treasury and Homeland Security have been aggressive with administrative and civil investigations and enforcement, the U.S. Department of Justice has increased its focus on criminal investigations and prosecutions which can result in lengthy terms of imprisonment, substantial fines, forfeitures, deferred prosecution agreements, and other penalties. Administrative, civil and criminal investigations and enforcement actions implicating export control violations typically involve coordinated, multi-agency investigations and enforcement. U.S. enforcement officials have also made individual accountability a critical piece of their criminal enforcement activities, demonstrating that officers and directors, as well as employees operating in their individual capacities, who violate U.S. export control laws and regulations are being prosecuted with increased frequency and consequences.

The presentation will address:

• An overview of coordinated, multi-agency export control and economic sanctions enforcement authorities
• Considerations for handling site visits and conducting internal investigations involving potential export control or economic sanction violations
• The evaluation process for determining whether to voluntarily disclose a potential or actual violation to the government
• The “Yates Memo” and its anticipated impact to individual accountability

Register here

Considerations for Exporting to China (101 Series)
Tuesday, August 1
1:00-2:30pm Eastern

The U.S. Commercial Service invites you to join Alfredo Fernandez of Shipman & Goodwin LLP to discuss considerations for exporting to China.

It is no secret that China’s economy is one of the world’s largest and continues to grow. Many American companies have started or want to enter the Chinese market. Exporting to China presents substantial business upside but also serious compliance risks if done improperly. This webinar will provide practical guidance on exporting to China.

The U.S. State Department’s Directorate of Defense Trade Controls (DDTC) administers the International Traffic in Arms Regulations (ITAR) to regulate international defense trade involving the United States. Because the United States maintains an arms embargo with respect to China, the ITAR include special limitations on exports of defense articles to China. Although many civil and dual-use articles and technology can be exported to China without a license under the ITAR or the Export Administration Regulations (EAR), companies must be diligent in researching the end users and end uses of the exports as the transactions may be prohibited or require licenses based on the destinations. In recent years, enforcement agencies under both branches have increasingly targeted trade violations involving China and thus American exporters must properly handle key risk areas.

The presentation will address:

• ITAR and EAR regulatory restrictions on exports to China
• How to “know your customer” in China
• How to spot red flags before an export occurs
• Risk of entering a joint ventures with a Chinese company
• Cultural considerations for the Chinese business environment
• New Hong Kong import license requirements

Register here

TAAs, MLAs, and Distribution Agreements (201 Series)
Tuesday, August 8
1:00pm-2:30pm Eastern

The US Commercial Service invites you to join Tahlia Townsend of Wiggin and Dana LLP for a webinar on TAAs, MLAs, and Distribution Agreements.

Under the International Traffic in Arms Regulations (ITAR), U.S. persons must have government authorization before engaging in overseas manufacture or distribution of “defense articles” or any of a broad range of services related to defense articles, including common aftermarket activities such as testing, maintenance, repair, and operation. Most often, companies wishing to engage in these activities will need to apply to the Office of Defense Trade Controls Licensing (“DTCL”) for a Technical Assistance Agreement (TAA), Manufacturing License Agreement (MLA), or Warehouse and Distribution Agreement (WDA). ITAR Agreements typically contain numerous conditions and require significant planning and administration to avoid violations ranging from failure to cover all the goods and services needed, to failure to timely notify DTCL of certain changes, to failure to identify – and authorize – all Information Technology providers who have access to ITAR technical data stored on a foreign licensee’s computer system. To ensure compliance, it is critical that companies effectively identify the need for an ITAR Agreement, plan thoughtfully for scope, and then intensively train and manage to the scope of the approved agreement.

This presentation will address:
 Overview of ITAR agreements
 Determining when an ITAR agreement is necessary
 Planning and applying for an ITAR agreement
 Export Control Reform
 Training and managing for ITAR agreement compliance

Register here

Deemed Exports & Utilizing Research Universities (101 and 201 Series)
Thursday, August 10
1:00-2:30pm Eastern

The U.S. Commercial Service invites you to join Alfredo Fernandez of Shipman & Goodwin LLP to discuss the challenges of deemed export compliance and utilizing research universities.

Deemed exports (the release of technical data or technology to a foreign national in the United States) have long been a compliance challenge across a variety of industries, including manufacturers, laboratories and universities. Recent definitional harmonization changes and government guidance help to clarify the issues, but challenges with visitor management, foreign students/researchers, technology system controls and employment discrimination exists.

The presentation will address:

• Key definitions, including the 2016 updates
• Impacts to a various departments within your organization
• Licensing options
• Technology Control Plans
• Compliance best practices

Register here

Export Controls at Trade Shows (101 Series)
Tuesday, August 15
1:00-2:30pm Eastern

The US Commercial Service invites you to join Tahlia Townsend of Wiggin and Dana LLP for a webinar on export controls at trade shows.

Trade Shows can create a variety of traps for the unwary, from unauthorized transport of demo materials to foreign locations to unauthorized transfer of technical data to foreign trade show visitors and unauthorized interactions with parties subject to U.S. sanctions. Planning ahead is critical to promoting and marketing products compliantly. The Presentation will review how exports can happen at trade shows and what steps companies can take to stay compliant, including what authorizations are available and how to use them.

This presentation will address:
 How exports happen at trade shows
 When authorization is necessary
 Common ITAR and EAR authorizations for trade shows
 Economic sanctions and denied party screening

Register here

Export Controls in the Cloud (201 Series)
Thursday, August 17
1:00-2:30pm Eastern

The U.S. Commercial Service invites you to join Alfredo Fernandez of Shipman & Goodwin LLP to learn practical guidance on how to balance the risks and benefits of using cloud-based software and storage services with respect to export controls compliance.

As most high-technology industries continue shifting how they access and store data (e.g., from onsite servers to cloud-based resources), the compliance challenges also evolve. The use of cloud-based services presents a compelling upside, but companies must understand the impact to export controls to avoid violations. Because cloud technology is just now burgeoning into the mainstream, the legal framework is still fluid and beginning to develop with limited government guidance.

The presentation will address:

• The basics of cloud computing
• Key definitions under the ITAR and EAR
• Understanding the need for “end-to-end encryption”
• Understanding how and where your data is “at rest”
• Managing “access” and “potential access”
• Key takeaways from government and industry guidance

Register here