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Jurisdiction, Classification, and Licensing: How to Police Your U.S. Suppliers
24 September 2019
Jurisdiction, Classification, and Licensing: How to Police Your U.S. Suppliers

Tired of having your U.S. suppliers botch their license applications and thus delay your programs? Beside yourself with their shipping ITAR-controlled parts as EAR99 items? This workshop will explore what you, as a non-U.S. customer, need to know to help your U.S. suppliers prepare error-free licenses that will win quick approval and avoid further applications to authorize reexports and retransfers. Particular emphasis will be on reviewing the “chain of custody” information on subcontractors/sublicensees, downstream customers and end-users, freight forwarders/customs brokers/warehouses, and sales reps/brokers your U.S. suppliers need from you to prepare bullet-proof ITAR and EAR applications.

About the organisations:

Global Legal Services, PC, is a Washington, DC-based law firm advising U.S. and non-U.S. companies on U.S. export and re-export controls, including securing U.S. licenses and other export authorizations, strengthening corporate export control compliance programs, providing training to employees, and advising on civil violations of the ITAR and EAR.
 

BAE Systems plc is a British multinational defence, security, and aerospace company. It is the largest defence contractor in Europe and has operations worldwide, including BAE Systems Inc. in the United States, one of the six largest suppliers to US DoD. BAE Systems is involved in several major defence projects, including the Lockheed Martin F-35 Lightning II, the Eurofighter Typhoon, the Astute-class submarine and the Queen Elizabeth-class aircraft carriers.

Alpha Omega Consulting Group combines the talents of subject matter experts across the multi-faceted arena of global compliance. These experts include Global Trade Compliance with expertise in serving in the capacity of Special Compliance Official (SCO), USG Policy, Licensing, Security, Environmental Health & Safety, Chemical Facility Anti-Terrorism Standards, Nuclear Regulatory Compliance, Information Technology, Commodity Jurisdiction and Classification, Audits/Assessments, Voluntary Disclosure Investigation, Insider Threat and Tabletop Exercises.

Workshop agenda

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8:30

Registration & Coffee

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9:00

Opening Remarksand Introductions

Gary Stanley

Gary Stanley, President, Global Legal Services

Edward Peartree

Edward Peartree, Group Deputy Head of Export Controls, Licensing and Policy, BAE Systems

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9:10

The Fundamental Question of U.S. Export Controls: Is the Item Controlled under the ITAR or EAR?

  • What is the “Order of Review” for classifying hardware and technical data?
  • “Specially Designed”: The key definition to a correct classification
  • Why the “Devil is always in the details!”
  • Real-world examples of how to apply these classifications concepts

     

  • Gary Stanley

    Gary Stanley, President, Global Legal Services

    Edward Peartree

    Edward Peartree, Group Deputy Head of Export Controls, Licensing and Policy, BAE Systems

  • What is the “Order of Review” for classifying hardware and technical data?
  • “Specially Designed”: The key definition to a correct classification
  • Why the “Devil is always in the details!”
  • Real-world examples of how to apply these classifications concepts

     

  • clock

    10:15

    Coffee/Break

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    10:30

    Pitfalls of ITAR Applications

  • Documenting the “Chain of Custody” in DSP-5 hardware and technical data license applications
  • When should a U.S. supplier seek a Warehouse and Distribution Agreement instead of a DSP-5 license?
  • Common mistakes in drafting ITAR Part 124 Technical Assistance Agreements and Manufacturing Licensing Agreements
  • Key elements of an ITAR § 123.9(c) Request for Reexport/Retransfer (GC Letters)
  • Applying for reexport/reexport approval of U.S. Foreign Military Sales items via the U.S. Dept. of State/Office of Regional Security and Arms Transfer’s “Third Party Transfer process”
  • Gary Stanley

    Gary Stanley, President, Global Legal Services

    Edward Peartree

    Edward Peartree, Group Deputy Head of Export Controls, Licensing and Policy, BAE Systems

  • Documenting the “Chain of Custody” in DSP-5 hardware and technical data license applications
  • When should a U.S. supplier seek a Warehouse and Distribution Agreement instead of a DSP-5 license?
  • Common mistakes in drafting ITAR Part 124 Technical Assistance Agreements and Manufacturing Licensing Agreements
  • Key elements of an ITAR § 123.9(c) Request for Reexport/Retransfer (GC Letters)
  • Applying for reexport/reexport approval of U.S. Foreign Military Sales items via the U.S. Dept. of State/Office of Regional Security and Arms Transfer’s “Third Party Transfer process”
  • clock

    11:15

    Pitfalls of EAR Applications and License Exceptions

  • Documenting the “Chain of Custody” in BIS-748P commodity, software, and technology applications
  • Special requirements that may apply to EAR applications
  • Having a strategic plan for U.S. suppliers to use License Exception STA
  • What to do when you still need an authorization for a reexport or transfer (in country)
     
  • Gary Stanley

    Gary Stanley, President, Global Legal Services

    Edward Peartree

    Edward Peartree, Group Deputy Head of Export Controls, Licensing and Policy, BAE Systems

  • Documenting the “Chain of Custody” in BIS-748P commodity, software, and technology applications
  • Special requirements that may apply to EAR applications
  • Having a strategic plan for U.S. suppliers to use License Exception STA
  • What to do when you still need an authorization for a reexport or transfer (in country)
     
  • clock

    11:45

    Best Practices for Working with U.S. Suppliers

  • Learn the No. 1 Rule for avoiding mistakes and heading off violations
  • Whose contact information should you have handy?
  • Are you entitled to see the license or other authorization?
  • Dealing with unexpected ITAR provisos or EAR license conditions
  • Gary Stanley

    Gary Stanley, President, Global Legal Services

    Edward Peartree

    Edward Peartree, Group Deputy Head of Export Controls, Licensing and Policy, BAE Systems

  • Learn the No. 1 Rule for avoiding mistakes and heading off violations
  • Whose contact information should you have handy?
  • Are you entitled to see the license or other authorization?
  • Dealing with unexpected ITAR provisos or EAR license conditions
  • clock

    12:15

    Closing Remarks and Questions

    Gary Stanley

    Gary Stanley, President, Global Legal Services

    Edward Peartree

    Edward Peartree, Group Deputy Head of Export Controls, Licensing and Policy, BAE Systems

    clock

    12:30

    End of Workshop

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    WHAT IS CPD?

    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

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