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OFAC ENFORCEMENT & COMPLIANCE. 2 nd National Forum on. April 21 22, 2009 Marriott Washington Washington, DC BENCHMARK YOUR SANCTIONS PRACTICES WITH:

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Earn

CLE

Credits

Register Now • 888-224-2480 • AmericanConference.com/OFAC

A p r i l 2 1 – 2 2 , 2 0 0 9 • M a r r i o t t W a s h i n g t o n • W a s h i n g t o n , D C

2

nd

National Forum on

OFAC

ENFORCEMENT & COMPLIANCE

KEYNOTE ADDRESS

Adam J. Szubin

Director, Offi ce of Foreign Assets Control

B

ENCHMARKYOUR

S

ANCTIONS

P

RACTICES WITH

:

Alliant Techsystems American Express Baker Hughes Citigroup Dresser Flowserve General Electric Hercules Group Merrill Lynch & Co. Morgan Stanley Nationwide

Prudential Financial Thales North America The Bank of

New York Mellon UBS Investment Bank Zurich Financial

G

ETTHE

L

ATEST

I

NSIGHTS ON

:

• Application of OFAC’s Economic Sanctions Enforcement Guidelines

and “General Factors”

• Structuring your screening and sanctions compliance program

• Conducting sanctions due diligence for underwritings, international

fi nancings, joint-ventures, mergers and acquisitions

• Deciding whether, how and when to make a voluntary self-disclosure

under new enforcement guidelines

• Minimizing facilitation risks posed by foreign subsidiaries

and third parties

• Responding to potential violations and conducting cost-effective

internal investigations

• Working with OFAC to expedite licensing process

Exclusive Workshop – April 22, 2009

Conducting Sanctions Compliance Risk Assessments

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Can Your Sanctions Compliance

Program Sustain the Heat of Increased

International Enforcement?

The Treasury Department’s Offi ce of Foreign Assets Controls (OFAC) is stepping up enforcement of U.S. economic sanctions.

Companies operating in the global market face signifi cant challenges as stricter and broader restrictions are imposed to prevent trade or fi nancial transactions with targeted governments or entities. Risks associated with U.S. embargo programs are also increasing, as companies are restricted from doing business with third-country entities and persons acting on behalf of a sanctioned government. With the dramatic increase in penalties amounts under IEEPA and new OFAC enforcement guidelines, exporters, banking, insurance, securities and other fi nancial services fi rms must ensure preventative measures are in place or risk severe penalties reaching into the multimillions.

Now in its second iteration, American Conference Institute’s National Forum on OFAC Compliance and Enforcement has assembled an exceptional faculty of leading industry executives, attorneys and government offi cials who will analyze the latest information on:

• How OFAC measures the nature and extent of cooperation • How to conduct a “look-back” investigation

• What OFAC guidelines reveal about the essential components of an effective sanctions compliance program

• How global companies can overcome challenges of unilateral sanctions • Facilitation risks when working with non-US third parties

• Dealing with U.S. sanctions against Iran

• What OFAC wants to see in a license application

Register now to ensure your place at what is sure to be a sold-out event. Call 1-888-224-2480; fax your registration form to 1-877-927-1563; or register online at www.AmericanConference.com/OFAC.

ACI, along with our sister organization based in London, C5 Conferences, works closely with sponsors in order to create the perfect business development solution catered exclusively to the needs of any practice group, business line or corporation. With over 350 conferences in the United States, Europe, the Commonwealth of Independent States (CIS) and China, ACI/C5 Conferences provide a diverse portfolio of fi rst-class events tailored to the senior level executive spanning multiple industries and geographies. For more information about this program or our global portfolio of events, please contact:

Wendy Tyler

Group Leader & Business Development Executive American Conference Institute

Tel: 212-352-3220 x242 | Fax: 212-220-4281 w.tyler@AmericanConference.com

Global Sponsorship Opportunities

The complimentary ACI Alumni Program is designed to provide returning delegates with unique networking and learning opportunities beyond the scope of their conference experience.

Highlights include:

• Instantly access thousands of free presentations, PowerPoint’s and other event resources - Online! • Make direct contact with fellow conference alumni • Post a question or look for answers in our

Industry Forums

• Join a live Industry Chat in progress • Earn Forum points towards free conferences

& workshops

Expand your Network at www.my-aci.com

Expand Your Network

ALUMNI • Vice Presidents and Directors of:

- OFAC Compliance - Global Sanctions - AML - Regulatory - Export Controls - Trade Compliance - Government Relations - Internal Controls • Corporate Counsel - Sanctions Counsel

- International Trade Counsel - Trade and Regulatory Counsel - Export Compliance Counsel • Outside Counsel Specializing in - Sanctions

- OFAC

- International Trade Law - Export Controls

The professionals of Deloitte Financial Advisory Services LLP (“Deloitte FAS”) have assisted clients across several industries comply with economic and trade sanctions programs. Our experienced, industry-focused professionals can help assess and improve sanctions policies and procedures, matching methodologies, technology implementations, alert management and escalation, and training. For more information, please contact Alison Clew at 617-437-3059 or aclew@deloitte.com.

A Must-Attend Event For

Continuing Legal Education Credits

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identifi ed as nontransitional for the purposes of CLE accreditation.

ACI certifi es that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board in the amount of 11.5 hours. An additional 4.0 credit hours will apply to workshop participation.

ACI certifi es that this activity has been approved for CLE credit by the State Bar of California in the amount of 9.75 hours. An additional 3.5 credit hours will apply to workshop participation.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

CLE Credits

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• How to conduct a “look-back” investigation for OFAC disclosure purposes and what to include in your look-back report

• What to do if you uncover other potential violations caused by initial breach

• How voluntary disclosures impact penalties

• What can be learned from recent voluntary disclosures

11:30

New Standards for an “Effective” Sanctions

Compliance Program: What OFAC Guidelines

Reveal About the Essential Elements

Clay Stevenson

Global Monetary & Financial Control Group Merrill Lynch & Co., Inc. (New York, NY)

Erin L. Crockett

Director, Global Trade Compliance Dresser Inc. (Addison, TX)

Stephanie D. Lawrence

Director, Corporate Compliance AML/OFAC Nationwide (Columbus, OH)

Alison L. Clew – Panel Moderator

Principal, Forensic & Dispute Services

Deloitte Financial Advisory Services LLP (Boston, MA) • What OFAC expects from an internal sanctions compliance

program

• How much money and resources companies are expected to devote to sanctions compliance

• Upgrading your existing program to meet new standards • To what extent companies involved in voluntary disclosure

situations get suffi cient mitigation from their compliance programs

12:45

Networking Lunch for

Speakers and Attendees

2:00

Facilitation: What Is It, and How

to Minimize Risks

J. Daniel Chapman

Global Ethics and Compliance Director Baker Hughes Incorporated (Houston, TX)

James D. Painter

Managing Counsel, Legal Department

The Bank of New York Mellon (Pittsburgh, PA)

Judith A. Lee - Panel Moderator

Gibson, Dunn & Crutcher LLP (Washington, DC) • What is – and isn’t considered facilitation

• Identifying facilitation risks posed by US persons working at foreign subsidiaries

• Facilitation risks when working with non-US third parties • What is considered “evasion” and “interest”

O

F

A

C

E

N

F

O

TUESDAY APRIL 21, 2009

8:00

Registration and Coffee

4

8:30

Co-Chairs’ Opening Remarks

Elaine D. Banar

Vice President, Global Sanctions American Express (New York, NY)

Greta Lichtenbaum

O’Melveny & Myers LLP (Washington, DC)

8:45

Keynote Address

Adam J. Szubin

Director, Offi ce of Foreign Assets Control

U.S. Department of the Treasury (Washington, DC)

9:15

OFAC’s New Enforcement Guidelines: How

Financial and Non-Financial Sectors Should

Prepare for Rising Compliance Expectations

Serena D. Moe

Assistant General Counsel Citigroup (Washington, DC)

Dale C. Turza

Cadwalader, Wickersham & Taft LLP (Washington, DC) • What strict liability means for fi nancial and non-fi nancial

sectors and how its being applied

• Assessment and calculation of penalties under the 11 “General Factors”

• How OFAC determines the degree of knowledge leading to a violation

• How OFAC defi nes “willful intent” • Application of uniform standard

• How OFAC measures the nature and extent of cooperation • To what extent agreeing to a statute of limitations waiver or

tolling agreement mitigates penalties

• Exercising the right not to sign a tolling agreement: when is it advisable?

10:15

Coffee Break

4

10:30

Making the Case for Voluntary Disclosures

in the New Enforcement Environment

John B. Reynolds

Wiley Rein LLP (Washington, DC)

Ronald I. Meltzer

Wilmer Cutler Pickering Hale and Dorr LLP (Washington, DC)

• Deciding whether, how and when to make a voluntary disclosure after OFAC’s September 8 Enforcement Guidelines • How OFAC evaluates voluntary disclosures under the

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• Ways in which facilitation risks commonly arise when doing business in different industry sectors

• Reducing your risk of civil penalties associated with facilitation

3:00

Coffee Break

4

3:15

Conducting a Cost Effective Internal Investigation

into a Potential Sanctions Violation

Robert E. Sims

Latham & Watkins LLP (San Francisco, CA)

Rachel Sloan

Director

Deloitte Financial Advisory Services LLP (New York, NY) • When is an internal investigation necessary?

• By whom should the investigation be conducted? • Coordinating the investigation between the company,

outside counsel, and accounting fi rms

• Minimizing disruptions to business while conducting investigations

• What to include in your “look-back” report to meet OFAC expectations

• Determining when you have exhausted an investigation

4:15

Extraterritoriality: How Global Companies Can

Overcome Compliance Challenges of Unilateral

U.S. Sanctions

Marynell DeVaughn

Vice President and Associate General Counsel Alliant Techsystems Inc. (Washington, DC)

Noreen Fierro

Vice President, AML/FCPA Compliance Offi cer Prudential Financial (Newark, NJ)

Peter L. Flanagan

Covington & Burling (Washington, DC)

• The expanding extraterritorial reach of US sanctions - Scope and core prohibitions

- Recent changes in existing sanctions programs

• Navigating potential confl ict of laws in global compliance programs

• Practical guidelines for bridging the gap between US sanctions restrictions and foreign blocking laws • Understanding when and how US sanctions apply

wto foreign companies

• Managing the foreign parent-subsidiary relationship • Integrating OFAC into your overall global trade

compliance program

• Common misunderstanding about the effect of non-U.S. blocking measures

5:15

Day One Adjourns

WEDNESDAY APRIL 22, 2009

8:30

Co-Chairs’ Opening Remarks

8:35

Dealing with U.S. Economic Sanctions

Against Iran

Scott Sullivan

Vice President & Global Trade Counsel Flowserve Corporation (Irving, TX)

Edward L. Rubinoff

Akin Gump Strauss Hauer & Feld LLP (Washington, DC) • Update on OFAC regulations regarding sanctions

against Iran

- de minimis regulations - General inventory rule - Secondary incorporation rule

• Types of Iranian transactions OFAC will license after revoking Iran’s “U-turn” license

• Identifying compliance risks associated with foreign subsidiaries • Developing and managing a withdrawal plan

- Minimizing facilitation risks - Handling potential law suits

- Managing the PR impact of withdrawals

9:35

Structuring and Managing an Effective

Screening Program

Lorraine B. Lawlor

Chief, Compliance Outreach Offi ce of Foreign Assets Control

U.S. Department of the Treasury (Washington, DC)

Elaine D. Banar

Vice President, Global Sanctions American Express (New York, NY)

Greta Lichtenbaum

O’Melveny & Myers LLP (Washington, DC)

• What account related parties should be screened, including benefi ciaries or authorized traders

• Screening of domestic partners • Who to screen beyond customers

- Privacy and anti-discrimination challenges to screening - Handling so-called Shadow SDNs

• Screening for third-party risks: handling hits on non-US lists • When is screening necessary or prudent?

• Available screening tools and resources

10:30

Coffee Break

4

10:45

Conducting Due Diligence in International

Transactions and Underwritings

James A. (Del) Renigar

Counsel, International Policy and Trade Regulation The General Electric Company (Washington, DC)

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Stevenson Munro

Head of AML Compliance

UBS Investment Bank (New York, NY)

Molly McLane

Global Economic Sanctions Counsel Morgan Stanley (New York, NY)

William B. Hoffman - Panel Moderator

Davis Polk & Wardwell LLP (Washington, DC) • What prospective acquirers should look for in a target’s

sanctions compliance

• Involving in-house counsel in pre-merger due diligence • Planning your deal to ensure there are no OFAC violations • Using contractual provisions to protect yourself when

entering into deals with foreign counterparts

11:45

OFAC Licensing: Working Effectively with

OFAC to Expedite the Approval Process

Timothy M. Ward

Chief Legal Offi cer

Hercules Group (New York, NY)

Ben H. Flowe, Jr

Berliner, Corcoran & Rowe, LLP (Washington, DC) • Types of transactions OFAC will license

• How OFAC operates with issuance of advisory opinions • Utilizing OFAC’s hotline regarding transactions in progress • Interaction between OFAC and State Department

• What OFAC wants to see in a license application • Keys to a successful approval process

• Desirability of meeting with government personnel

12:30

Conference Ends

Each year more than 21,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events – and the numbers keep growing. Guaranteed Value Based on Comprehensive Research

ACI’s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of our conferences based on comprehensive research with you and others facing similar challenges. We speak your language, ensuring that our programs provide strategic, cutting edge guidance on practical issues.

Unparalleled Learning and Networking

ACI understands that gaining perspectives from – and building relationships with – your fellow delegates during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible.

American Conference Institute:

The leading networking and information resource for counsel and senior executives.

© American Conference Institute, 2008

POST-CONFERENCE WORKSHOP

Wednesday, April 22, 2009 | (1:30 p.m. – 5:00 p.m.)

Conducting Sanctions Compliance Assessments:

A Comprehensive Hands-On Guide to Process

and Success

Albert D. DeLeon

Head of Compliance Advisory & Monitoring Zurich Financial (New York, NY)

John Pisa-Relli

Deputy General Counsel

International Trade Compliance and Security Thales North America (Alexandria, VA)

Jamie L. Boucher

Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

The skillful ability to consistently carryout comprehensive and effective internal assessments and audits is more important now than ever, particularly in light of OFAC’s invigorated and increasingly more aggressive approach to sanctions enforcement. Periodic external and internal assessments and audits are essential to objectively evaluate all aspects of your sanctions compliance program.

Participants in this interactive and practical workshop will learn essential concepts, methodologies, processes, policies and procedures using hands-on tools and practical application to successfully prepare for, conduct and follow-up on sanctions compliance assessments and audits, including:

• Why focus on transactions and processes • Frequency and scope

• Establishing proper balance between external and internal reviews

• The role of consultants and law fi rms

• Privilege protection and related considerations • Composing the right assessment/audit team • Collecting and controlling information • Types of documentation to review/create • Corrective actions and remedial measures • Sharing the fi ndings

• Building a self-assessment tool

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R E G I S T R A T I O N F O R M

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CONFERENCE CODE: 723L09-WAS

YES! Please register the following delegate for OFAC Enforcement and Compliance PRIORITY SERVICE CODE

.

SPECIAL DISCOUNT

We offer special pricing for groups and government employees. Please email or call for details.

Promotional Discounts May Not Be Combined. ACI offers financial scholarships for government employees, judges, law students,

non-profit entities and others. For more information, To reserve your copy or to receive a catalog of ACI titles go to

www.aciresources.com or call 1-888-224-2480. CONFERENCE PUBLICATIONS

5

Easy Ways to Register

MAIL American Conference Institute 41 West 25th Street New York, NY 10010 PHONE 888-224-2480 FAX 877-927-1563 ONLINE AmericanConference.com/OFAC EMAIL CustomerService @AmericanConference.com

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FEE PER DELEGATE Register & Pay by Feb 20, 2009 Register & Pay by Mar 20, 2009 Register after Mar 20, 2009

Conference Only $1895 $1995 $2195

Conference & Workshop $2495 $2595 $2795 I would like to add __ copies of the conference materials on CD-ROM to my order - $299 each

I cannot attend but would like information regarding conference publications Please send me information about related conferences

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Please quote the name of the attendee(s) and the event code 723L09 as a reference. Bank Name: M & T Bank

Address: One Fountain Plaza, Buffalo, NY 14203, USA Swift / ABA No: 022 0000 46

Account Name: American Conference Institute Account Number: 16485906

2

nd

National Forum on

OFAC

ENFORCEMENT & COMPLIANCE

Registration Fee

The fee includes the conference, all program materials, continental breakfasts, lunches, refreshments and complimentary membership of the ACI Alumni program.

Payment Policy

Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization.

Cancellation and Refund Policy

You must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary or remove/restrict access to the ACI Alumni program and will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date, content, speakers, venue or arising from the use or unavailability of the ACI Alumni program.

Hotel Information

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the “OFAC” conference to receive this rate: Venue: Marriott Washington

Address: 1221 22nd Street NW, Washington, DC 20037 Reservations: 1-800-228-9290 or 1-202-872-1500

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If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 1-877-927-1563, or email data@AmericanConference.com.

EXCLUSIVE WORKSHOP

Wednesday, April 22, 2009 (1:30 p.m. – 5:00 p.m.)

Conducting Sanctions

Compliance Assessments:

A Comprehensive

Hands-On Guide to

Process and Success

A p r i l 2 1 – 2 2 , 2 0 0 9 • M a r r i o t t W a s h i n g t o n • W a s h i n g t o n , D C

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