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U.S. Export and Reexport Controls
12 September 2022
U.S. Export and Reexport Controls

 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? Confused about your U.S. reexport licensing obligations?  Befuddled by the increasing role that U.S. DoD appears to be playing?  This workshop will explore what you, as a European company, need to know to stay on top of U.S. export, reexport, and retransfer controls.  There will also be coverage of your company’s obligations under U.S. DoD’s Cybersecurity Maturity Model Certification Program.  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 Worshop Leaders:

 Gary Stanley is the President of Global Legal Services, PC, a Washington, DC-based law firm focusing on trade compliance issues.  Mr. Stanley represents, among others, numerous U.S., Canadian, and European companies on defense export control issues.  He publishes the daily Defense and Export-Import Update newsletter and frequently speaks at ITAR training events around the world.  Mr. Stanley has also provided export control training to multiple Canadian Government agencies and the Russian Government. 

 

Ed Peartree is the Group Deputy Head of Export Controls, Licensing and Policy at BAE Systems plc.  Mr. Peartree previously served as the Director of the U.S. Department of State’s Office of Defense Trade Controls Policy, where he the development of U.S. regulations and policies governing the export of defense articles and services, the commodity jurisdiction and classification process, license screening and risk analysis, and global end-use monitoring program (“Blue Lantern” program).  He also led engagement on bilateral and multilateral defense trade matters, including U.S.-UK and U.S.

 

 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.

Workshop agenda

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13:00

Registration

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13:45

Opening Remarks and Introductions

Gary L. Stanley

Gary L. Stanley, President, Global Legal Services

C. Edward Peartree

C. Edward Peartree, Group Head of Export Control, BAE Systems PLC

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14:00

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 L. Stanley

Gary L. Stanley, President, Global Legal Services

C. Edward Peartree

C. Edward Peartree, Group Head of Export Control, BAE Systems PLC

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15:15

Break

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15:30

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 L. Stanley

Gary L. Stanley, President, Global Legal Services

C. Edward Peartree

C. Edward Peartree, Group Head of Export Control, BAE Systems PLC

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16:00

Pitfalls of EAR Applications and License Exceptions

 • Documenting the “Chain of Custody” in BIS-748P commodity, software, and technology applications

• pecial 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 L. Stanley

Gary L. Stanley, President, Global Legal Services

C. Edward Peartree

C. Edward Peartree, Group Head of Export Control, BAE Systems PLC

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16:30

The New Frontier

 • The maze of EAR sanctions Russia, Belarus, and China • Understand ITAR and EAR e-mail and cloud storage requirements

• What constitutes adequate due diligence for purposes of the EAR’s Military End-User Rule?

• Responding to U.S. customers’ NDAA Section 889 telecommunications/surveillance equipment and DFARS CMMC inquiries

Gary L. Stanley

Gary L. Stanley, President, Global Legal Services

C. Edward Peartree

C. Edward Peartree, Group Head of Export Control, BAE Systems PLC

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17:00

Closing Remarks and Questions

Gary L. Stanley

Gary L. Stanley, President, Global Legal Services

C. Edward Peartree

C. Edward Peartree, Group Head of Export Control, BAE Systems PLC

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17:15

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:

‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

CPD AND PROFESSIONAL INSTITUTES

There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.

TYPICAL CPD SCHEMES AND RECORDING OF CPD (CPD points and hours)

Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

As a formal provider of CPD certified activities, SAE Media Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.

GLOBAL CPD

Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

CPD Certificates

We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@saemediagroup.com

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