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Day 1 - Tuesday, January 28, 2014

8:30
Co-Chairs’ Welcome and Opening Remarks
8:45
KEYNOTE AND Q & A – Status of Export Control Reform, 2014 Priorities and U.S. Export Compliance Expectations North of the Border: How the US Agencies Are Interpreting and Applying New Rules to Canadian Industry
10:00
Networking Coffee Break
10:15
EXPORT CONTROL REFORM IN PRACTICE – Industry Stakeholders Discuss Their Experiences with Managing Transitional, Compliance, Operational and Budgetary Issues
11:45
DFAIT & CGD KEYNOTE PANEL – The Future of Canadian Export Controls amid Ongoing U.S. Reforms: CGD and DFAIT Speak on The Evolving Canadian Compliance Landscape, Permit Criteria and the Possible Alignment of Canada’s Export Control List with US Changes
12:45
Networking Luncheon
2:00
Contrasting the Definitions of “Specially Designed” under the EAR, ITAR and Canada’s Export Control List: How to Apply Recent Changes to the Classification of Military and Commercial Items
3:00
Networking Coffee Break
3:15
Navigating the New Minefields of U.S. Re-Export & Re-Transfer Compliance: How to Implement New, Tricky EAR and ITAR Requirements, and Secure Authorizations
4:30
Preventing Defence Services Export Violations: How to Ensure That Engineering Discussions and Technical Assistance Comply with EAR License Conditions and TAAs
5:30
Conference Adjourns
7:00
Evening Networking Drinks

Day 2 - Wednesday, January 29, 2014

8:30
Co-Chairs’ Opening Remarks
8:35
What Can Now Trigger a Government Investigation of Your Export & Re-Export Activities: How Export Control Reform Has Changed the Enforcement Landscape and Increased Coordination between U.S. and Canadian Officials
9:30
Hiring U.S. Citizens and Other Nationals for Your Canadian Business: Juggling Canada’s Enhanced Security Strategy, EAR and ITAR Nationality Rules with Canadian Human Rights and Privacy Laws
10:30
Networking Coffee Break
10:45
How to Use EAR License Exceptions to Support Your Re-Export Activities: Where Canadian Companies Go Wrong in Applying Eligibility Criteria under Exceptions STA, TSR and Others
11:45
When You Can Still Use ITAR Exemptions amid New US Reforms: Applying the Canadian Exemption to Your Manufacturing, Procurement, Business Development and Export Activities
12:15
Networking Luncheon
1:30
Amending TAAs and ITAR Licenses Before They Become Null and Void: How to Work with Your U.S. Suppliers and Customers to Ensure Your Authorizations are in Line with New Requirements
2:30
How to Update Your Recordkeeping Procedures to Align with Reforms: Satisfying New EAR and ITAR Requirements for Record Retention, Retrieval and Destruction
3:00
Networking Refreshment Break
3:15
Managing New, Emerging Economic Sanctions Risks Affecting the Aerospace, Technology, Petroleum and Other Industries: What Can Trigger Business Interruptions, Shipment Seizures, Penalties and Prosecutions
4:15
The Extraterritorial Reach of New ITAR Brokering Rules to Canada: What New Rules Mean for Your Export & Re-Export Activities
4:45
How to Comply with EAR, ITAR and Canadian Supply Chain Due Diligence, End-Use and End-User Requirements: Vetting and Monitoring Suppliers, Distributors, Freight Forwarders and Other Third Parties

Day 1 - Tuesday, January 28, 2014

8:30
Co-Chairs’ Welcome and Opening Remarks
8:45
KEYNOTE AND Q & A – Status of Export Control Reform, 2014 Priorities and U.S. Export Compliance Expectations North of the Border: How the US Agencies Are Interpreting and Applying New Rules to Canadian Industry

Benefit from a unique opportunity to gain insights from senior US Department of Commerce and US Department of State decision makers. Gain critical updates on the implementation of recent changes, how the US Government is managing the regulatory transition, and what changes could be on the horizon for 2014 and beyond.

While some items have moved from the USML to the U.S. Commerce Control List, the ITAR continues to have wide application to a breadth of industries in Canada. For the first time at this event, hear first-hand insights from a senior State Department decision-maker on the evolving ITAR compliance landscape, recent policy developments, licensing processes and timeframes, and the management of the transition.  

In response to numerous requests, this session will allow for extended Q & A.

​SPECIAL FOCUS ON EXPORT CONTROL REFORM

10:00
Networking Coffee Break
10:15
EXPORT CONTROL REFORM IN PRACTICE – Industry Stakeholders Discuss Their Experiences with Managing Transitional, Compliance, Operational and Budgetary Issues

Through a review of concrete examples and challenges, industry experts will “take stock” of what they have seen since new rules have come into effect on October 15th, 2013 and January 6th, 2014. This practical roundtable discussion will also discuss what exporters are doing to prepare for more changes, and best practices for managing your global export compliance program during this period of transition.

Audience members are welcome to ask their questions, and share their experiences as well.

Topics will include:

• New regulatory burdens for industry under the EAR vs. the ITAR
• Identifying and managing unique compliance issues posed by new and anticipated reforms
• To what extent you need to overhaul your export and re-export compliance program, and IT systems
• The most challenging aspects of complying with EAR recordkeeping, classifi cation, and licensing requirements
• Training and monitoring your personnel
• Practical impact of the reforms on large and smaller businesses, including parents and subsidiaries U.S., Canadian and foreign companies
• The transition: What you should have done by now vs. what can wait
• Minimizing the costs of implementation

​SPECIAL FOCUS ON EXPORT CONTROL REFORM

11:45
DFAIT & CGD KEYNOTE PANEL – The Future of Canadian Export Controls amid Ongoing U.S. Reforms: CGD and DFAIT Speak on The Evolving Canadian Compliance Landscape, Permit Criteria and the Possible Alignment of Canada’s Export Control List with US Changes
12:45
Networking Luncheon
2:00
Contrasting the Definitions of “Specially Designed” under the EAR, ITAR and Canada’s Export Control List: How to Apply Recent Changes to the Classification of Military and Commercial Items

Cliff Sosnow
Partner
Fasken Martineau DuMoulin LLP.

• How the new U.S. definition differs from the old one, and how

it differs from the Canadian one
• How to interpret the definition, and common misunderstandings
to avoid
• Applying the release provisions under 120.40(b)
• Which items are exempt from being classified as “specially
designed”
• Do’s and don’ts for self-classifying items as “specially designed”
• Understanding how paragraph (a) works with the limiting scope
of paragraph (b)

3:00
Networking Coffee Break
3:15
Navigating the New Minefields of U.S. Re-Export & Re-Transfer Compliance: How to Implement New, Tricky EAR and ITAR Requirements, and Secure Authorizations

• How U.S. export control reform has changed the compliance landscape for re-exports of defence and dual-use items and technology

• How U.S. re-export and re-transfer controls are being applied to Canadian firms: U.S. Commerce and State Department criteria for reviewing re-export and re-transfer requests
• When an authorization is required and why: Importing U.S. technology to incorporate into manufactured goods
• Working closely with your U.S. counterpart and what to incorporate in your U.S. Government request
• Preventing delays in re-export licensing
• Marketing products outside of Canada or disclosing U.S. technology to non-Canadian nationals within Canada

4:30
Preventing Defence Services Export Violations: How to Ensure That Engineering Discussions and Technical Assistance Comply with EAR License Conditions and TAAs

• When providing services to a foreign party when offering a commercial or civilian product is a “defence service”

• Vetting a proposed technical collaboration with a U.S. company to ensure ITAR tainting does not occur
• When training on commercial items can become a defence service: Leveraging defence technical capabilities in commercial product development
• Segregating business units to prevent commercial services from becoming ITAR-controlled
• Preventing ITAR “taint” of commercial services
– how “defence services” can cover technical data related to EAR-controlled items
– when a dual-use business becomes ITAR-controlled
– preventing defence services export violations related to software development, technical support and assistance
• Recent trends in TAA license provisos and EAR license conditions relating to technical and collaborative discussions
• Training engineers on the scope of license provisos and exceptions
• What resources the U.S. Commerce and State Departments expect companies to devote to training
• Training in French and other languages: Key challenges and pitfalls
• Tracking compliance by engineers, and how to fl ag potential issues before they occur

5:30
Conference Adjourns
7:00
Evening Networking Drinks

Agenda


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Day 2 - Wednesday, January 29, 2014

8:30
Co-Chairs’ Opening Remarks
8:35
What Can Now Trigger a Government Investigation of Your Export & Re-Export Activities: How Export Control Reform Has Changed the Enforcement Landscape and Increased Coordination between U.S. and Canadian Officials

​• How U.S. enforcement officials will treat suspected and actual violations involving former USML items

• What triggers suspicion amid ongoing reforms: Concrete examples, including technical data and hardware exports
• How the agencies decipher between an egregious violation vs. an innocent mistake, and when an innocent mistake could still warrant further investigation and penalties
• How the agencies investigate suspected export violations and collect evidence
• When a case can become criminal: When the Department of Justice will prosecute companies and individuals
• When and how the RCMP gets involved in a case
• The extent of U.S. cooperation with Canadian agencies, and case referrals
• How administrative, civil and criminal penalties are being calculated
• Criminal sentencing trends: Extent of potential jail time
• Practical impact of U.S. export control reform on enforcement and penalties

9:30
Hiring U.S. Citizens and Other Nationals for Your Canadian Business: Juggling Canada’s Enhanced Security Strategy, EAR and ITAR Nationality Rules with Canadian Human Rights and Privacy Laws

• Incorporating new EAR requirements into your recruitment and hiring process: The overlap and differences between ITAR, EAR and CGP rules regarding nationality

• How U.S. export controls affect the hiring of U.S. citizens in Canada, including the “last acquired citizenship” rule under the EAR
• Short term temporary workers:
– how they are defi ned under ITAR 124.16 and 125.18-how defined
– managing conflicts between the ITAR and Canadian employment laws
• Permissibility of questions under Canadian human rights and privacy laws
– questions that you can/cannot ask with regard to nationality
– timing of questions
– how to phrase questions
• How Canada’s Enhanced Security Strategy dovetails with the ITAR 126.18 exemption
• Changing your approach to hiring decisions, and how to deal with candidates who don’t meet security requirements
• U.S. export controls language to incorporate into your offer letters, employment agreements and using non-disclosure agreements (NDAs)

10:30
Networking Coffee Break
10:45
How to Use EAR License Exceptions to Support Your Re-Export Activities: Where Canadian Companies Go Wrong in Applying Eligibility Criteria under Exceptions STA, TSR and Others

• Key exceptions and their scope of application

– STA
– Temporary Imports, Exports, and Reexports (TMP)
– Additional Permissive Reexports (APR)
– de minimis
– TSR (Technology & Software Restricted)
– TSU (Technology & Software Unrestricted)
– foreign direct product rule
– controls based on US persons or products
– Servicing & Replacement of Parts and Equipment (RPL)
– U.S. Government Exceptions
– Repairs
– LVS
• License exceptions for the export and re-export of 600 series items
• When 600 series items will and will NOT qualify for the STA (Strategic Trade Authorization) exception
• License exceptions that can be used for sharing technology with foreign subsidiaries

11:45
When You Can Still Use ITAR Exemptions amid New US Reforms: Applying the Canadian Exemption to Your Manufacturing, Procurement, Business Development and Export Activities

• Key exemptions, and when they apply and common mistakes that lead to misuse:

– Canadian Exemption: Who can use it and when, including its application to defence services, technical data and “build-to-print” tasks
– shipments by and for US Government agencies
– exemptions for plant visits
– maintenance exemption
– exports to US subsidiaries
– data for NATO and other country bid proposals
• Which exemptions apply to transfers of technical data only vs. transfers of defence services AND technical data
• How determine applicability of an exemption, and common mistakes to avoid in your determination
• How the U.S. Government interprets the exemptions, and determines the consequences of misuse
• Complying with recordkeeping and reporting requirements under the exemptions; shipping documents

12:15
Networking Luncheon
1:30
Amending TAAs and ITAR Licenses Before They Become Null and Void: How to Work with Your U.S. Suppliers and Customers to Ensure Your Authorizations are in Line with New Requirements

• Assessing what needs to be amended, and the impact of U.S. export control reform

• How to prepare an amendment application
• What to look for in a TAA and WDA
– ensuring the draft TAA clearly defi nes territory where tech data exports can occur
– evaluating the scope of nationality coverage and if coverage is enough to facilitate adequate exchange of technical data
– incorporating derived data into TAAs
– determining your nationality base and ensuring coverage in agreements
– ensuring Canadian sub-licensees and sub-consignees are identified, including in-house service providers
– tracking and valuing defence services and technical data: key data to provide to your U.S. counterpart
• Ensuring correct invoicing, shipment documentation and classification by U.S. suppliers
• Concrete examples of successful amendment techniques
• Working with your U.S. counterpart to ensure seamless post-license and agreement implementation

2:30
How to Update Your Recordkeeping Procedures to Align with Reforms: Satisfying New EAR and ITAR Requirements for Record Retention, Retrieval and Destruction

• Key recordkeeping requirements in the EAR

• Reporting technical data exports, and data disclosed over the life of a license
• Types of records that need to be retained and how, including:
– transport documents
– licenses and supporting documentation
– memoranda, notes and correspondence
– contracts, accounting and fi nancial records
• Coordinating with sales, shipping, logistics, accounts payable and other departments to coordinate and centralize recordkeeping
• Developing data maintenance, preservation, retrieval and destruction procedures for your domestic and overseas offices
• Updating automation tools, and how to assess available software and vendors
• How long to retain records, and how to dispose of them
• When and how U.S. agencies can inspect your records, and what they look for

3:00
Networking Refreshment Break
3:15
Managing New, Emerging Economic Sanctions Risks Affecting the Aerospace, Technology, Petroleum and Other Industries: What Can Trigger Business Interruptions, Shipment Seizures, Penalties and Prosecutions

​Iran

• The New Iran Threat Reduction and Syria Human Rights Act, and its application to Canadian subsidiaries of US companies
• How the U.S. Comprehensive Iran Sanctions, Accountability and Divestment Act (CISADA) affects US and non-US entities, and their subsidiaries and affiliates
• When US and non-US exporters face penalties, denial of export and banking privileges, foreign exchange transactions, and asset freezing
• Scope of exceptions to the requirements, and how to use them
• Canada’s sanctions against Iran: Special Economic Measures Act, United Nations Act regulations, and Export and Import Permits Act: Application inside and outside Canada

Syria
• Exports of US origin content and re-exports to Syria: Who is captured by current U.S. and sanctions, and what export activities remain permissible
• How U.S. and Canadian sanctions against Syria are evolving 

Burma

• Scope of permitted/prohibited investment activities under newly eased U.S. and Canadian sanctions

Cuba
• Restriction on procurement activities
• The extraterritorial reach of the U.S. trade embargo against Cuba
• Key conflicts between Canadian blocking measures and U.S. trade control requirements: What to do when Canadian blocking measures are triggered
• Assessing the risks of enforcement and penalties by OFAC and DFAIT

4:15
The Extraterritorial Reach of New ITAR Brokering Rules to Canada: What New Rules Mean for Your Export & Re-Export Activities

• How the new rules differ from the previous ones

• What activities constitute “brokering”? Who is a “broker”?
• Application to foreign persons otherwise subject to U.S. jurisdiction, including distributors and agents
• When and how to get ITAR license approvals for brokers, and meet reporting requirements
• Satisfying “prior notification” requirements and exemptions for large exporters and SMEs
• Best practices for broker agreements and activities: Compliance checklist
• Monitoring compliance by foreign agents and representatives

​FOCUS ON BROKERING, END-USE, END-USER & SUPPLY CHAIN MANAGEMENT

4:45
How to Comply with EAR, ITAR and Canadian Supply Chain Due Diligence, End-Use and End-User Requirements: Vetting and Monitoring Suppliers, Distributors, Freight Forwarders and Other Third Parties

​• Conducting due diligence of suppliers, freight forwarders, distributors, customs brokers, customers, re-sellers and other third parties: What to look for and ask

• The scope of a Canadian firm’s liability for U.S. export violations by third parties
• Flowing down EAR and ITAR obligations: Contractual safeguards to implement for orders and shipments
• Nature and extent of audit rights to include in third party contracts, and how to exercise them
• Tracking supplier and other third party outsourcing and export activities
• Complying with EAR and ITAR end-use and end-user restrictions
• Verifying end-use and the end-user overseas, and when to secure a license from the U.S. State or Commerce Department
• What to do if the end-user has export activities to sanctioned countries
• Reducing the risk of diversion and trans-shipments
• Ensuring your suppliers are DDTC registered, and when second, third and fourth tier suppliers need to be registered


5:30 Conference Concludes