U.S. Export and Re-Export Compliance

Register Now

888-224-2480 • AmericanConference.com/exportcontrolscan

a

da

American Conference Institute/The Canadian Institute’s Forum on

U.S. Export and

Re-Export Compliance

for Canadian Operations

Managing the Extraterritorial Impact of the ITAR, EAR and OFAC Sanctions

Reconciling U.S. and Canadian Export Controls, Security Restrictions, Human Rights

and Privacy Laws for an Effective Global Trade Compliance Program

January 31 – February 1, 2012 • The Westin Bristol Place Toronto Airport • Toronto, ON

Benchmark with U.S. and

Canadian Industry Experts:

Pratt & Whitney Canada

Siemens Canada

Celestica International

Bell Helicopter Textron

Research In Motion

L-3

COM DEV

CAE

Future Electronics

DRS Technologies

MDA Corporation

Esterline CMC Electronics

FAG Aerospace

NGRAIN

Canadian Space Agency

Northrop Grumman

VIH Helicopter

Gain insightful analysis and best practices for operating within the limits of U.S. and Canadian

export, re-export, security, human rights and privacy law, including how to:

• Reconcile ITAR and EAR foreign national rules with Canadian human rights and privacy laws

• Prevent ITAR migration: How the ITAR applies to commercial, dual-use and Canadian-produced items, technology, technical data and services

• Ensure Canadian manufacturing, sales, R & D and technical collaboration comply with EAR deemed export and re-export restrictions

• Reduce licensing and compliance challenges for re-exports and re-transfers

• Demystify U.S. and Canadian encryption controls, licensing requirements and exceptions • Apply the Canadian Exemption under ITAR 126.5 (c) and avoid penalties for misuse • Incorporate ITAR, EAR and CGP security restrictions to control virtual and physical access • Satisfy U.S. economic sanctions against Cuba, Iran and other regimes, and resolve confl icts

with Canadian blocking measures

• Manage the extra-territorial application of ITAR brokering rules to your Canadian operations

Interactive, Practical Pre-Conference Working Groups – January 30, 2012:

A

OFAC Concepts, Agencies and Restrictions Impacting Canadian Manufacturing, R & D and Shipments

B

in Your Compliance and Training Manuals, Policies and Procedures

Earn CLE Credits EARN

CPD

KEY GOVERNMENT POLICY, COMPLIANCE AND ENFORCEMENT INSIGHTS FROM:

Special Agent Tim Gildea

U.S. Immigration and

Customs Enforcement

U.S. Department

of Homeland Security

The Hon. Eric L. Hirschhorn

Under Secretary of Commerce

Bureau of Industry and Security

U.S. Department of Commerce

Simona Wambera

Director, Controlled Goods Directorate

Industrial Security Sector

Public Works and

Government Services Canada

George Webb

Manager, Counter Proliferation

Intelligence Section

Canada Border Services Agency

Canadian fi rms, subsidiaries, affi liates, manufacturers, suppliers, freight

forwarders and others that export, re-export or re-transfer

U.S.

export-controlled items, technical data, services and encryption

materials

must ensure strict compliance with the International Traffi c in Arms

Regulations

(ITAR)

, Export Administration Regulations (

EAR

) and

U.S.

economic sanctions

restrictions. Enforcement of U.S. export controls

and economic sanctions is extra-territorial in reach, with

U.S. offi cials

targeting companies

and

individuals in Canada

for investigations,

audits, visits and harsh penalties.

Amid the

new ITAR rule governing dual and third country nationals

and

deemed export/re-export rule under the EAR

, it is critical to revisit the

impact of these requirements on your export activities, employment practices,

supply chain management, physical and virtual security procedures.

Coupled with

Canada’s Enhanced Security Strategy

, it is also crucial to

gain clarifi cation on what U.S. and Canadian regulators expect for your

export compliance program, security assessments, screening and

supply

chain management

. Failure to fully understand key U.S. requirements

can cause your organization to incorrectly assume that their articles,

technical data or services have not been subject to

ITAR migration

.

Equally, it is critical to make sense of the

maze of ECCNs under the

EAR, how the EAR interacts with Canadian requirements

, and how

to comply with complex

end-use, end- user

and

encryption controls

under U.S. and Canadian regulations.

There has never been a more pressing time to fully incorporate U.S.

export controls and Canadian export, human rights and privacy law

requirements into a successful trade compliance program.

American Conference Institute

and

The Canadian Institute

are pleased

to announce their inaugural Forum on “

U.S. Export & Re-Export

Compliance for Canadian Operations

”. This is the only comprehensive,

practical event in Canada that will allow you to network and hear from

senior U.S. and Canadian government and industry professionals from the

high technology, aerospace, defense, satellite, space and other industries.

Benefi t from Q & A and fi rst-hand insights from senior U.S. and

Canadian Government offi cials on

export control reform

, U.S.

enforcement priorities, and the interaction between U.S. and Canadian

export/re-export controls and security restrictions.

Topics will also include:

• Preventing

ITAR migration

: How the ITAR applies to

commercial, dual-use and Canadian-produced items,

technology, technical data and services

• Ensuring Canadian manufacturing, sales, R & D and technical

collaboration comply with

EAR deemed export/re-export

restrictions

• How to reconcile ITAR and EAR foreign national rules with

Canadian human rights and privacy laws

•

Re-exporting and re-transferring

U.S. -origin goods,

technology and content

• Comparing and contrasting U.S. and Canadian

encryption

controls

• When and how to use the

Canadian Exemption

under

ITAR 126.5 (c)

•

U.S. and Canadian economic sanctions

: How to comply

with the U.S. trade embargo against

Cuba

amid confl icting

Canadian blocking measures

Based on popular demand, this unique event is expected to sell out!

Register now by calling

1-888-224-2480

or

1-877-927-7936

,

fax to

1-877-927-1563

or registering online at

www.CanadianInstitute.com/exportcontrolscanada

or

www.AmericanConference.com/exportcontrolscanada

.

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 16.0 hours. An additional 4.0 credit hours will apply to Workshop A/B participation.

ACI certifi es that this activity has been approved for CLE credit by the State Bar of California in the amount of 13.5 hours. An additional 3.5 credit hours will apply to Workshop A/B participation.

You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held. 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. Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLE

This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.

This program has been approved by the Law Society of Saskatchewan for 14 CPD hours for the conference. Members will also receive 3.5 additional CPD credit hours for each workshop attended.

The same number of hours may be applied toward your continuing legal education requirements in British Columbia.

The Barreau du Québec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.

Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

CLE Credits - Export Controls - Trade Compliance - Export Compliance - Export Administration - Global Trade Compliance - Export Policy

- Contracts

- Export Licensing - Government Relations - International Trade Compliance - Supply Chain

- Global Sales - Procurement - Traffi c and Customs

• General Counsel’s Offi ce:

- VPs, Legal Affairs and Operations - International Trade Counsel - Export Compliance

• Outside Counsel specializing in: - International Trade & Investment Law - Economic Sanctions

- Export Controls - Procurement

Who You Will Meet

Continuing Legal Education Credits

Continuing Professional Development Credits

A Groundbreaking Event Uniquely Designed For Trade Professionals In Canada.

Learn How To Overcome Complex U.S. Export And Re-Export Compliance Challenges.

Benchmark With Senior U.S. and Canadian Government Offi cials, and Leading Companies!

• Vice Presidents, Directors, Managers, Offi cers and Specialists:

EARN

CPD

Pre-Conference Workshops

•

Monday, January 30, 2012

Sarah Blank

International Trade Compliance Analyst

Northrop Grumman

(Chicago, IL)

Michael Burton

Partner,

Arent Fox LLP

(Washington, DC)

Given the extra-territorial impact of ITAR, EAR and U.S. economic sanctions restrictions on Canadian operations, this hands-on workshop will provide you with an invaluable opportunity to delve into core concepts, defi nitions and requirements affecting Canadian businesses. Whether you are new to the fi eld of U.S. export controls or seeking a comprehensive refresher, this practical, interactive workshop will provide you with the nuts and bolts for dealing with day-to-day U.S. compliance challenges, and will lay the groundwork for the rest of the conference sessions.

• Scope of a Canadian entity’s responsibility to comply with U.S. export controls

• The roles and jurisdictions of U.S. export agencies, and their interaction with the Canadian Controlled Goods Directorate, DFAIT and CBSA

- what the Department of State oversees

- Department of Commerce regulations and role relative to the Department of State

- Department of Treasury’s role in sanctions and embargoes - enforcement role of U.S. Customs and Border Protection • What is controlled under U.S. regulations, and how the framework

differs from Canada:

- Export Administration Regulations (“EAR”), including ECCNs - The International Traffi c in Arms Regulations (“ITAR”) - U.S. economic sanctions

- antiboycott regulations

- comparing U.S. vs. Canada’s export control list and CCGP - key differences with Canada’s Export and Import Permits Act,

Export Control List, Area Control List and the Automatic Firearms Country Control List

• Who needs to be ITAR registered

• What qualifi es as an export under U.S. vs. Canadian regulations? - goods and services

- deemed exports - technology

• Distinguishing between an “export”, “re-export”, “transfer” and “re-transfer”

• How U.S. export controls and economic sanctions apply to operations and shipments by Canadian exporters, subsidiaries, affi liates, freight forwarders and others

• How to limit the impact of the U.S. regulations on your organization • How U.S. export regulations defi ne “US persons,” “foreign persons,”

and “foreign nationals”, defence, commercial and “dual-use” items • What constitutes a “commercial” vs. “military” software application

under U.S. export controls

• Who you CAN’T do business with: Embargoed countries and denied parties

• Which exports require a U.S. licence

• Key recordkeeping and reporting requirements

• Who to contact for what , and maintaining positive relationships with all U.S. agencies

• How to remain current with U.S. amendments, changes and related rulings

Selena Hui-Garreaud

Manager, Global Trade Compliance

Bell Helicopter Textron Canada Limited

(Mirabel, QC)

Bryce Moroz

Controlled Goods Designated Offi cial, Export Compliance Offi cer

Celestica International

(Toronto, ON)

Gérald Mercier

Manager, Global Export Controls,

CAE

(Saint-Laurent, QC)

Kevin Lombardo

Partner,

McKenna Long & Aldridge LLP

(Los Angeles, CA)

This practical working group is a one-of-a-kind opportunity to benchmark your U.S. export/re-export compliance program, policies and procedures against others in the industry, and discuss how to overcome real-world challenges to tailoring your program to the Canadian context.

Participants will have an opportunity to discuss practical solutions in a highly in-depth and interactive forum. This exclusive workshop will focus on key areas of interest specifi ed by participants in pre-conference questionnaires, including:

• Adapting a U.S. or foreign parent’s compliance program to the Canadian context

• Dealing with confl icts between U.S. export and re-export controls and Canadian human rights and privacy laws in your policies and procedures

• Key elements to include in a compliance program: Concrete examples and templates

- screening lists

- export compliance manual

- internal audit and reporting procedures - appointment of compliance offi cers

- procedures for addressing regulatory confl icts - IT access

- technical, sales and marketing meetings and discussion protocols • Training Canadian sales, engineering, purchasing and other teams

on U.S. export compliance:

- how a Canadian-based training program should differ from export training programs in the U.S.

- ensuring company-wide awareness of TAA provisos and EAR licence conditions: teaching employees how to identify potential violations - training in French and other languages: key challenges and pitfalls • Securing senior management buy-in and dealing with management

resistance

• How much you need to spend: Tailoring your compliance program to your company operations and industry risks

• When and how to update your compliance manual, procedures and processes, including policy statements and message from senior management

• Scope and frequency of internal audits, and who should conduct them: Building a comprehensive self-assessment tool

• Conducting export compliance assessments: What kinds of documentation and other items to review, what to look for and how to implement corrective measures

A

The Fundamentals of U.S. Export and Re-Export Controls on Canadian Trade: A Practical Guide to Key ITAR,

EAR and OFAC Concepts, Agencies and Restrictions Impacting Canadian Manufacturing, R & D and Shipments

9:00 a.m. – 12:30 p.m.

B

COMPLIANCE BENCHMARKING SESSION

Designing a U.S. Export and Re-Export Compliance Program for Your Canadian Operations:

Core Elements to Include in Your Compliance and Training Manuals, Policies and Procedures

Day 1 – Tuesday, January 31, 2012

8:30

Opening Remarks from the Conference Co-Chairs

Kenneth S. Purchase

Director & Counsel, Legal Services Export Compliance

Pratt & Whitney Canada

(Longueuil, QC)

Carmen Fellows

Director, Trade & Security Compliance DRS C-3 & Aviation

DRS Technologies, Inc.

, A Finmeccanica Company

(Gaithersburg, MD)

8:45

KEYNOTE ADDRESS

The Hon. Eric L. Hirschhorn

Under Secretary of Commerce

Bureau of Industry and Security

U.S. Department of Commerce

(Washington, DC)

9:15

How the ITAR Applies to Commercial, Dual-Use

and Canadian-Produced Items, Technology, Technical

Data and Services: How to Control ITAR Migration

throughout the R & D and Product Life Cycle

Nigel Doran

Vice President, Engineering & Quality

COM DEV

(Kitchener, ON)

Kenneth S. Purchase

Director & Counsel, Legal Services Export Compliance

Pratt & Whitney Canada

(Longueuil, QC)

John Barker

Partner,

Arnold & Porter LLP

(Washington, DC)

• How Canadian technical data can become subject to U.S. export control laws

• When non-U.S. or commercial hardware and software are captured by the ITAR vs. EAR

• How embedding US-origin content into Canadian or foreign produced items can impact classifi cation

• Avoiding misclassifi cation errors when procuring parts from U.S. suppliers

• Clarifying the “see through” rule

• When a “service” becomes a defence service, and preventing ITAR jurisdiction over commercial services

- how “defense services” can cover technical data related to EAR-controlled items

- when a dual-use business becomes ITAR-controlled

- preventing defense services export violations related to software development, technical support and assistance

- when training on commercial items can become a defense service: leveraging defense technical capabilities in commercial product development

• Reconciling confl icting US and non-U.S. classifi cations: What to do when your item is ITAR-controlled, but dual-use/commercial under Canadian or foreign export controls

• Reducing the risk of ITAR migration

- when and how early to get involved in the product life cycle - determining what to delete from drawings before sending them

to third parties

- ensuring the data remains Canadian-origin technical data - controlling the effect of minor military “tweaks” on jurisdiction - working with engineers to design around the ITAR

• Re-classifying the product or technology: How ITAR-controlled items can be moved to EAR jurisdiction

• How to notify customers of ITAR migration, and resolve it • When and how to work with your U.S. or other counterpart to

seek a formal Commodity Jurisdiction Request from the U.S. State Department or CCATS from the U.S. Commerce Department

10:15

Networking Coffee Break

10:30

The New ITAR Foreign, Dual and Third Country

National Rule and Canada’s Enhanced Security

Strategy: U.S. and Canadian Government Expectations

for Complying with Screening Requirements

Simona Wambera

Director, Controlled Goods Directorate, Industrial Security

Sector,

Public Works and Government Services Canada

(Ottawa, ON)

Thomas DeWolf

Director, U.S. Government Relations

Canadian Commercial Corporation / CCC

(Otttawa, ON)

Ronald Meltzer

Partner,

WilmerHale LLP

(Washington, DC)

John Boscariol

Partner,

McCarthy Tétrault LLP

(Toronto, ON)

• The scope and practical impact of the new ITAR dual and third country national rule on Canadian fi rms

• Defi ning “substantive contact” under the ITAR

• Canadian security clearance vs. substantive contact screening requirements under the ITAR, and anticipated changes • Canada’s Enhanced Security Strategy

- anticipated changes to Canadian screening questionnaires to align with the new ITAR rule

- when an individual will be subject to broader security assessment or denied registration

- update on the risk matrix for identifying individuals at risk of unauthorized transfer of controlled goods

• What Canadian consignees and end-users under the ITAR must do to ensure “effective procedures” to prevent diversion - when to require security clearances approved by the Canadian

government for employees

- strengthening screening processes for employees

- using Non-Disclosure Agreements to ensure that employees will not transfer any information to persons or entities unless specifi cally authorized

- developing a technology security/clearance plan that includes procedures for screening employees’ substantive contacts • Which ITAR licence approvals are no longer required under the

new rule, including transfers of defence articles and technical data to an approved end-users or consignee

• Recordkeeping requirements, and what will trigger a U.S. State Department review of your screening records

11:45

Operating within EAR Deemed Export/Re-Export

Restrictions: Ensuring Canadian Manufacturing, Sales,

R & D and Technical Collaboration are within EAR

Boundaries

Peter Liston

Director, Global Trade Compliance

Future Electronics

(Montreal, QC)

Former Attaché, Embassy (Moscow), U.S. Department of Commerce

Former Special Agent, U.S. Department of State

Beth Peters

Partner,

Hogan Lovells LLP

(Washington, DC)

• When the transfer of technology or source code is a “deemed export” or “re-export” under the EAR

• How the EAR treats birth and nationality vs. the ITAR

• When mere access constitutes a deemed export or re-export violation • BIS compliance expectations for Canadian fi rms

• When technology (or source code) is considered to be “released”, including visual inspection (technical specifi cations, blueprints, and plans), oral communication (discussions or presentations), or when it is made available by practice

• Licence requirements and exceptions

• Considerations with moving employees from country to country, or to a new role

12:30

Networking Luncheon

1:45

What Triggers U.S. Civil and Criminal Export

Enforcement in Canada: How U.S. Agencies Visit,

Investigate and Prosecute Companies and Individuals

North of the Border

Special Agent Timothy N. Gildea

U.S. Immigration and Customs Enforcement

Counter Proliferation Investigations

U.S. Department of Homeland Security

(Washington, DC)

Formerly Assigned to Assistant Attaché Offi ce in Toronto

George Webb

Manager, Counter Proliferation Intelligence Section (CPIS)

Intelligence, Operations & Analysis Division

Intelligence and Targeting Operations Directorate, Operations

Branch,

Canada Border Services Agency

(Ottawa, ON)

Larry E. Christensen

Member,

Miller & Chevalier Chartered

(Washington, DC)

• Current and upcoming U.S. agency enforcement priorities in Canada • Red fl ags that can trigger U.S. agencies’ suspicion

• How the agencies investigate suspected export violations and gather evidence

• Scope of cooperation with Canadian agencies, and case referrals: When an investigation by one agency can lead to additional enforcement actions

• The latest on penalty trends and mitigating factors • What is expected for “cooperation” with investigators • How prosecutors assess the seriousness of an export violation • What triggers individual liability for company violations

2:45

Re-Exporting and Re-Transferring U.S.-Origin Goods,

Technology and Content: Minimizing Heightened

Licensing and Compliance Risks Affecting Canadian Firms

Bruce Latimer

President & General Counsel

L-3 Communications Canada Inc.

(Burlington, ON)

Indra Heed Hornsby

Vice President, Legal & Regulatory Affairs

MDA Corporation

(Richmond, BC)

Giovanna Cinelli

Partner,

Jones Day LLP

(Washington, DC)

• What triggers U.S. re-export and re-transfer controls on Canadian fi rms

• Importing U.S. technology to incorporate into manufactured goods: Identifying when an authorization is required and why • How the U.S. approach differs from the Canadian regime

governing re-exports

• What is required to re-transfer ITAR-controlled goods • Preparing a re-export/retransfer request: Working closely with

your U.S. counterpart and what to incorporate in your U.S. Government request

• Re-export licensing timeline and process: Heightened licensing challenges for Canadian companies, and key compliance pitfalls to avoid

• U.S. State and Commerce Department criteria for assessing re-export and re-transfer requests

• Marketing products outside of Canada or disclosing U.S. technology to non-Canadian nationals within Canada

• Re-exporting to China: How the U.S. and Canadian rules differ

3:45

Networking Refreshment Break

4:00

When and How to Use the Canadian Exemption

under ITAR 126.5 (c): Minimizing the Risk of Harsh

Penalties for Exemption Misuse

Gabriel Batstone

Chief Operating Offi cer,

NGRAIN

(Ottawa, ON)

Brett Nelson

Compliance Manager EO,

FAG Aerospace Inc.

(Stratford, ON)

William Clements

Principal,

William L. Clements, Attorney at Law

(Ottawa, ON)

• Key defi nitions in ITAR 126.5(1) (c)

• The scope of the Canadian exemption: Who can use it and when, including its application to defense services, technical data and “build-to-print” tasks

• How to use the exemption: The mechanics of applying it to your context

• How DDTC interprets the exemption, and assesses exemption misuse • When to seek a licence, MLA or TAA instead of using the exemption • Complying with recordkeeping and reporting requirements under

the exemption

• Overview of other ITAR exemptions, including temporary imports, permanent exports, re-exports and re-transfers

4:45

Maximizing Technical Data and Defense Services

Exports under U.S. Licences and Agreements: Working

with U.S. Counterparts to Facilitate Adequate Coverage

and Canadian Permits

Sarah Blank

International Trade Compliance Analyst

Northrop Grumman

(Chicago, IL)

Ken Geoffrey

QA Manager & Controlled Goods Delegated Offi cial

VIH Helicopter

Ltd.

(North Saanich, BC)

A VIH Aviation Group Company

• The types of ITAR and EAR licenses and agreements, and who is responsible for submitting the application: TAA, MLA, DSP-5s, and EAR licences

• What DDTC and BIS expect, look for and require for approvals, and what trigger a denial or RWA

• Working with your U.S. parent or other counterpart on the application - assessing the scope of nationality coverage in the application, and if coverage is enough to facilitate adequate exchange of technical data - knowing your nationality base and ensuring coverage in agreements - key information to provide to the U.S. counterpart, and what

questions to ask

- ensuring accurate identifi cation of Canadian sub-licensees and sub-consignees, including in-house service providers

- tracking and valuing defense services and technical data: key data to provide to your U.S. counterpart

• When a Canadian party should become a signatory to a TAA or refuse signature

• U.S. licenses and agreements required to satisfy Canadian permit authorities: Ensuring appropriate U.S. documentation and approvals

5:30

Conference Adjourns

With more than 500 conferences in the United States, Europe, Asia Pacifi c, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world.

As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler – Head of Sales, American Conference Institute

Tel: 212-352-3220 x5242 | Fax: 212-220-4281 | w.tyler@AmericanConference.com

Day 2

–

Wednesday, February 1, 2012

8:30

Opening Remarks from the Co-Chairs

8:35

Reconciling ITAR and EAR Foreign National Rules

with Canadian Human Rights and Privacy Laws:

Working with HR to Determine Nationality within

Domestic Legal Limits

Carmen Fellows

Director, Trade & Security Compliance, DRS C-3 & Aviation

DRS Technologies, Inc.

, A Finmeccanica Company

(Gaithersburg, MD)

Jean-Denis Roy

Vice President Human Resources and General Counsel

Esterline CMC Electronics Inc.

(Ville St. Laurent, QC)

Paul D. Burns

Partner,

Baker & McKenzie

(Toronto, ON)

Paul M. Lalonde

Partner,

Heenan Blaikie LLP

(Toronto, ON)

• Screening, interviewing and doing business with foreign nationals without discriminating on the basis of national origin

• 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

• Practical impact of recent Canadian court, tribunal and commission decisions addressing the intersection of U.S. export controls with Canadian human rights and privacy laws

• Incorporating U.S. export controls language into your offer letters, employment agreements and using non-disclosure agreements (NDAs)

• What to do if the confl ict between U.S. and Canadian laws and regulations cannot be resolved

• Managing employee turnover, transfers and succession planning: Minimizing the risk of ITAR and EAR violations resulting from the assignment of new projects and roles

• Training HR on ITAR and EAR considerations affecting recruitment and employment decisions

• When to bring foreign nationals into a TAA

10:00

Networking Coffee Break

10:15

Tracking U.S. Export Compliance across Your Supply

Chain: How Much Canadian Firms Must Vet End-Use,

End-User and Third Parties to Minimize Diversion Risks

Carol Buckton

Senior Director, Supply Chain Management

Siemens Canada Limited

(Toronto, ON)

Selena Hui-Garreaud

Manager, Global Trade Compliance

Bell Helicopter Textron Canada Limited

(Mirabel, QC)

End-Use/End-User Controls under the ITAR and EAR

How to ascertain and verify end-use and the end-user

• What to do if the end-user has export activities to sanctioned countries • Identifying and minimizing the risk of diversion

• Requirements for foreign persons in possession of U.S.-origin USML items

• When to get a license from the U.S. State or Commerce Department, and how to change the authorized end-use or end-user

Monitoring Suppliers, Brokers, Distributors, Freight Forwarders

and Other Third Parties

• Where a Canadian fi rm’s responsibility for third party compliance begins and ends

• When and how much to vet suppliers, freight forwarders, distributors, customs brokers, customers, re-sellers and others: What to look for and ask at the due diligence stage

• Ensuring your suppliers are DDTC registered, and when second, third and fourth tier suppliers need to be registered

• Staying up to speed on supplier and other third party outsourcing activities

• Contractual safeguards to implement for orders and shipments, and when to terminate the relationship because of U.S. export enforcement risks

• Nature and extent of audit rights to include in third party contracts, and how to exercise them

11:00

U.S. and Canadian Sanctions: How to Comply with

U.S. Economic Sanctions amid Confl icting Canadian

Blocking Measures and Boycott Policy

Greta Lichtenbaum

Partner,

O’Melveny & Myers LLP

(Washington, DC)

Cliff Sosnow

Partner,

Blake, Cassels & Graydon LLP

(Ottawa, ON)

Cuba

• The extraterritorial reach of the U.S. trade embargo against Cuba - under the EAR

- Cuban Assets Control Regulations - The Helms-Burton Act

- 1996 FEMA Order

• How U.S. economic sanctions against Cuba are applied and enforced against Canadian fi rms, and how Canada has been enforcing blocking measures

• Key confl icts between Canadian blocking measures and U.S. trade control requirements: Operating within Canada’s boycott policy • What to do when Canadian blocking measures are triggered:

Protections to implement for your employees and transactions to minimize liability risks

Iran

• How the U.S. Comprehensive Iran Sanctions, Accountability and Divestment Act (CISADA) affects US and non-US entities, and their subsidiaries and affi liates: The scope of activities and “investments” that are captured

• What triggers CISADA penalties, denial of export and banking privileges, foreign exchange transactions, and asset freezing again U.S. and foreign entities and individuals

• How CISADA affects companies that are outside the petroleum sector • Scope of exceptions to the requirements, and how to use them • Contrasting Canada’s sanctions against Iran:

- Special Economic Measures Act - United Nations Act regulations - Export and Import Permits Act

• The scope of Canada’s ban on providing goods, services, technology • When asset freezes are required under Canadian sanctions restrictions:

When you cannot deal with listed individuals, companies, organizations • Application of Canadian sanctions restrictions to persons in

Canada and Canadians outside Canada

Libya, Syria and Other Regimes

• Status report on current developments, and the permissible transactions, restrictions and who is captured under U.S. regulations • The scope of U.S. and Canadian sanctions against Syria, and how

they are being applied

• How sanctions against Libya are evolving in light of recent developments

1:30

Contrasting U.S. and Canadian Encryption Controls:

Blending Complex Licensing Requirements and Exceptions

into Your Cross-Border Encryption Compliance Strategy

Orlando Silva

Export Controls Lawyer

Research In Motion Limited

(Mississauga, ON)

Benjamin H. Flowe, Jr.

Senior Partner

Berliner, Corcoran & Rowe, LLP

(Washington, DC)

Milos Barutciski

Partner,

Bennett Jones LLP

(Toronto, ON)

Canada

• Update on encryption controls guidance issued by the Export Controls Division of Foreign Affairs and International Trade Canada (ECD) - controls on transfers of information security goods, software

and technology to all countries other than the U.S. - satisfying requirements for an export compliance plan • Status of amended Canadian legislation to align with U.S. and

foreign regimes, including permit requirements for cryptographic items: What you can ship with/without a permit

• What is controlled: Identifying goods, software, technology designed or modifi ed to use cryptography or performing any cryptographic function

• How ECD assesses permit applications for exports of

cryptographic items: Securing individual and multidestinationl permits, and the associated timeframe

• Permit exceptions, and when they apply: - authentication/digital signature

- not user-accessible and is specially designed for copy protection - software and technology “in the public domain”

- “mass market” exception

U.S.

• Status and practical impact of U.S. encryption reforms on Canadian fi rms

• The scope of “ancillary encryption” and decontrolled mass market items

• When to self-classify or seek government review: Determining jurisdiction at the product development stage and evaluating intended use

• Complying with restrictions on re-exporting U.S. encryption materials • Securing EAR licence approvals and using key exceptions:

Applying licensing requirements and Licence Exception ENC • Identifying and assessing in-house encryption technologies • Required approvals for foreign manufactured encryption products,

and how to obtain them

2:45

Controlling the Virtual and Physical Access of

Employees and Third Parties: Implementing ITAR,

EAR and CGP Security Restrictions to Protect

Technical Data and On-Site Access

Christine Lemieux

Policy Analyst, Policy & Regulatory Affairs

Canadian Space Agency

(Longueuil, QC)

Gérald Mercier

Manager, Global Export Controls,

CAE (

Montreal, QC)

Richard Wagner

Senior Partner,

Norton Rose OR LLP

(Ottawa, ON)

• Developing internal processes to implement ITAR provisos and EAR licence conditions: Complying with restrictions governing technical discussions and collaboration

• Implementing tightened security requirements under CGD’s Enhanced Security Strategy for Canadian registrants

• Satisfying additional CGP requirements for a security plan, including cyber-security risks, inspection processes and the development of a list of debarred individuals and companies

• Structuring and monitoring the effectiveness of your technology control plan to meet Canadian and U.S. requirements

• Controlling the exchange and use of technical data on laptops, servers, emails and portable Devices

• Assigning foreign persons to restricted/sensitive areas: Avoiding ITAR and EAR deemed export/re-export violations, and to how to badge personnel

• Limiting the access of foreign national employees of subsidiaries and international affi liates

• Managing servers located outside Canada, and when to develop a secured server domestically

• Controlling the use of the Intranet and Internet, and information available to foreign national employees on company networks • Overcoming challenges of shared services such as fi le servers, printers • Cloud computing and social media within ITAR and EAR

boundaries: Tightening technology controls to manage unique data storage, distribution and access security risks

3:45

Networking Coffee Break

4:00

What to Do if You Suspect or Discover a U.S. Export

Violation in Canada: How to Conduct an Internal

Investigation and Implement Remedial Measures

Peter Liston

Director, Global Trade Compliance,

Future Electronics

(Montreal, QC)

Former Attaché, Embassy (Moscow), U.S. Department of Commerce

Former Special Agent, U.S. Department of State

Jeffrey L. Snyder

Partner,

Crowell & Moring LLP

(Washington, DC)

• Structuring an internal investigation, and working with your U.S. counterpart

- composing the right investigative team

- types of documents to review and what to look for - sharing the fi ndings

- privilege protection and related considerations

• When to use in-house vs. external counsel and consultants • When to call BIS or DDTC before your investigation

• Deciding whether to fi le a voluntary disclosure: Factors to consider • BIS and DDTC guidelines for voluntary disclosures

• Do’s and don’ts for drafting a voluntary disclosure: Timeframe, how far to drill down, whom to interview and breadth of the report • What to expect from BIS and DDTC post-disclosure: Directed

audits, required remedial measures, and when enforcement actions are more likely to result

• When voluntary disclosures trigger a BIS or DDTC demand or request for an outside audit

• Implementing effective (and immediate) corrective actions

4:45

The Extraterritorial Reach of ITAR Brokering Rules

to Canada: Current and Proposed Part 129 Rules

Demystifi ed

Richard C. Katz

Counsel,

Snell & Wilmer L.L.P.

(Phoenix, AZ)

• Status of proposed rules, and how they differ from existing requirements • 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 notifi cation” requirements and exemptions for large exporters and SMEs

• Best practices for broker agreements and activities: Compliance checklist

• Monitoring compliance by foreign agents and representatives

5:30

Conference Concludes

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

The fee includes the conference‚ all program materials‚ continental breakfasts‚ lunches and refreshments.

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The Hon. Eric L. Hirschhorn Under Secretary of Commerce Bureau of Industry and Security

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Simona Wambera

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Special Agent Tim Gildea

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George Webb

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Canada Border Services Agency

American Conference Institute/The Canadian Institute’s Forum on

U.S. Export and

Re-Export Compliance

for Canadian Operations

Managing the Extraterritorial Impact of the ITAR, EAR and OFAC Sanctions

Reconciling U.S. and Canadian Export Controls, Security Restrictions, Human Rights

and Privacy Laws for an Effective Trade Compliance Program