Introduction to the Bureau of Industry and Security (BIS) and Export Basics
Date Recorded: Tuesday, May 5, 2020
Join the U.S. Commercial Service and Bureau of Industry and Security (BIS) for an introduction of BIS and the basics of exporting in accordance with the Export Administration Regulations (EAR). Topics include the mission of the BIS, agencies that control U.S. exports, the primary authority of BIS, Overview of the EAR, the Commerce Control List (CCL), Export Control Classification Number (ECCN), Determining your ECCN, Determining license requirements, and how to submit a license application or commodity classification request.
License Exceptions
Date Recorded: Thursday, May 7, 2020
Join the U.S. 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:
This is an advanced topic in the Export Administration Regulations (EAR), which assumes the audience already has a basic knowledge of the EAR. This webinar will cover the definition of license exception, benefits of using license exceptions, license exception statistical data, restrictions, reporting requirements, specific license exceptions (LVS, TMP, RPL, TSU, STA), and AES filing.
Export Controls at Trade Shows
Date Recorded: Thursday, May 21, 2020
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
Complying with the International Traffic in Arms Regulations (ITAR)
Date Recorded: Tuesday, May 12. 2020
The U.S. Commercial Service invites you to join Alfredo Fernandez and Sydney Parkmond 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
OFAC Overview
Date Recorded: Thursday, May 14, 2020
The US Commercial Service invites you to join Tahlia Townsend of Wiggin and Dana LLP for a webinar 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
Developing a Corporate Export Management and Compliance Program (EMCP)
Date Recorded: Tuesday, May 19, 2020
The U.S. Commercial Service in collaboration with the Connecticut District Export Council is offering a unique webinar for U.S. businesses. Developing and implementing an Export Management and Compliance Program can be a challenge. While you may create a manual that touches all the correct points and subjects, implementing that manual on the ground may be more challenging than initially planned, especially if you are dealing with multiple sites, products, and ERP systems.
The requirements described in the Export Administration Regulations (EAR) and International and Traffic and Arms Regulations (ITAR) may seem overwhelming without a system to capture analysis, decisions, accountability and implementing procedures. Our presentation will indicate what points an EMCP should cover, best practices on how to roll out procedures on the ground, and how to make this document relevant in your company.
Deemed Exports
Date Recorded: Wednesday, May 27, 2020
Deemed exports (the release or transfer 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 definition 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
Exporter Readiness Requirements for CMMC/NIST
Date Recorded: Tuesday, June 2, 2020
2020 is a big year in cybersecurity requirements for supply chain companies doing business with the Department of Defense (DoD).
Earlier this year, DoD released the Cybersecurity Maturity Model Certification (CMMC), which requires every prime and subcontractor to have their cybersecurity controls audited and certified in order to be eligible for new defense contracts. CMMC will require companies to implement cybersecurity controls to protect their data and networks.
Participants will learn:
– What to expect from the new CMMC program and how to prepare;
– Differences and similarities of CMMC and NIST SP 800-171;
– How the DFARS 252.204-7012 rule may change to incorporate CMMC and a new cybersecurity confidence rating system; and
– Recent changes in ITAR encryption controls and how it affects exporters generally and with CMMC specifically.
Speakers:
- Ryan Heidorn, Managing Partner, Steel Root
- Alfredo Fernandez, Attorney, Shipman & Goodwin LLP
Site Visits, Enforcement Actions and Voluntary Disclosures
Date Recorded: Tuesday, June 9, 2020
The U.S. Commercial Service invites you to join Alfredo Fernandez and Sydney Parkmond 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
Foreign Corrupt Practices Act
Date Recorded: Thursday, June 4, 2020
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 avoiding and addressing FCPA problems.