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US Export and Re-export Controls from a European Perspective
26 September 2023
US Export and Re-export Controls from a European Perspective
  •  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?
  • Overwhelmed with U.S. reexport control and sanctions due diligence?

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.

Workshop agenda

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8:30

Registration & Coffee

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9:00

Opening Remarks and Introductions

Mr Gary L. Stanley, President, Global Legal Services

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9:15

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

Mr Gary L. Stanley, President, Global Legal Services

  • 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
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    10:15

    Morning Break

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    10:30

    Pitfalls of ITAR Applications

    Mr Gary L. Stanley, President, Global Legal Services

  • 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”
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    11:00

    Pitfalls of EAR Applications and License Exceptions

    Mr Gary L. Stanley, President, Global Legal Services

  • 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
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    11:30

    The New Frontier

    Mr Gary L. Stanley, President, Global Legal Services

  • Ways to address the profusion of China military end-use/end-user controls (e.g., different purposes of BIS’ and U.S. DoD’s Communist Chinese military company lists)
  • Understand ITAR and EAR e-mail and cloud storage requirements
  • Latest screening best practices for dual/third country national employees under ITAR § 126.18 and EAR § 734.20
  • Due diligence with respect to Russia/Belarus and China
  • Responding to U.S. customers’ NDAA Section 889 telecommunications/surveillance equipment and DFARS CMMC inquiries
     
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    12:10

    Closing Remarks and Questions

    Mr Gary L. Stanley, President, Global Legal Services

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    12:15

    End of Workshop

    VENUE

    St James' Court

    Buckingham Gate, London, United Kingdom

    In a country that values understatement, St. James' Court is an English classic typifying the concealed charm of one of Britain's finest hotels. With a distinguished pedigree shaped over more than a century, this discreet masterpiece offers elegant service, with an easy charm that’s reserved, yet attentive. Exceeding the expectations of today’s discerning traveller, St. James' Court is a slice of the past served up on a contemporary platter.

    A number of our clients have been approached by third party organisations offering to book hotel rooms. We would advise that you do not book through them as they are not representing the SMi Group. SMi Group books all hotel rooms directly. If you are approached by a third party organisation then please contact us before making any bookings. If you have already booked a hotel room using a third party organisation, we would highly recommend contacting the hotel you were booked into to ensure a booking has been made for you. We would also advise you to please check the terms and conditions of the booking carefully.
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    St James' Court

    Buckingham Gate
    London SW1E 6AF
    United Kingdom

    St James' Court

    In a country that values understatement, St. James' Court is an English classic typifying the concealed charm of one of Britain's finest hotels. With a distinguished pedigree shaped over more than a century, this discreet masterpiece offers elegant service, with an easy charm that’s reserved, yet attentive. Exceeding the expectations of today’s discerning traveller, St. James' Court is a slice of the past served up on a contemporary platter.

    HOTEL BOOKING FORM

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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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    Opening Hours: 9.00 - 17.30 (local time)
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