Live Export Compliance Seminar
Phoenix, AZ
November 4-7, 2024
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Phoenix, AZ
November 04, 2024
Export compliance training for U.S. companies to improve competitiveness and reduce risk.
The ability to navigate U.S. export regulations is a valuable specialty. Our training programs are designed for new and experienced export compliance professionals at all levels to understand the intricacies of U.S. export regulations and procedures administered by the Departments of State, Commerce and Treasury.
Our instructors are respected experts in their field, with decades of interpreting and navigating U.S. export controls.
Whether your trade activities involve Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR) or Office of Foreign Assets Controls & Embargoes (OFAC), ECTI training helps you manage export activities more efficiently with less risk.
Our training seminars are appropriate for all export-related job functions at U.S. companies as well as affiliates of U.S. companies located outside the United States.
By registering for this event, you agree to our Terms of Use and Seminar Policies.
Scott Gearity
President – Export Compliance Training Institute
Scott Gearity brings nearly 20 years of consulting, training, and corporate export compliance program management experience to bear for his clients. Mr. Gearity has substantial experience in military, dual-use, and commercial export controls.
Timothy O'Toole, Esq.
Member – Miller & Chevalier
Timothy P. O’Toole, Esq. is a member of the law firm of Miller & Chevalier Chartered, in Washington D.C., and the leader of the export controls and sanctions group. Mr. O’Toole has been conducting and leading large-scale defense investigations for over 20 years.
Guest Speaker
Michael Huneke
Partner – Hughes Hubbard & Reed LLP
Michael H. Huneke is a partner in the Anti-Corruption & Internal Investigations and Sanctions, Export Controls, and Anti-Money Laundering practice groups at Hughes Hubbard & Reed.
Why should I attend?
You and your organization will benefit from the training ECTI offers through:
Increased efficiency- Better understanding of compliance requirements and standards
- Improved navigation of export regulations
- Shortened timelines for compliance processes
- Implementation of best practices
- Increased supply chain security
- Up-to-date knowledge on rule changes
- Reduced risk of errors and oversights that can delay transactions and present legal concerns
- Improved recordkeeping and compliance management
- Enhanced reputation among customers, partners and authorities
- Improved competence in trade with foreign markets
- Faster screening of opportunities
8:00 AM – 8:30 AM
8:30 AM – 12:00 PM
12:00 PM – 1:00 PM
1:00 PM – 5:00 PM
ITAR Export Controls Agenda
Scott Gearity
President – ECTI, Inc.
Timothy P. O’Toole, Esq.
Member – Miller & Chevalier
Overview of U.S. Export Controls
- U.S. Export Control Policy & Primary Regulations (ITAR/EAR/OFAC)
- Key Governing Agencies & ITAR Compliance Resources
ITAR Controlled Activities
- Exports, Reexports, and Retransfers
- Technical Data Releases to Foreign Persons
- Defense Services
- Temporary Imports & Other Controlled Activities
- Prohibited Countries & Ineligible Parties
Controlled Items
– with EXERCISES WORKSHOP
- Jurisdiction: ITAR vs. EAR; Definition of “Defense Article”
- The U.S. Munitions List & “Order of Review”
- “Specially Designed” & Special Classification Issues
- Commodity Jurisdiction Determinations
Technical Data
– with EXERCISES WORKSHOP
- Technical Data in the ITAR & Software Directly Related to Defense Articles
- Public Domain Information
Registration and Empowered Officials
- Registration Requirement & How to Register with DDTC
- Obligations of Registrants
- Considerations for Designating “Empowered Officials”
Exemptions
– with EXERCISES WORKSHOP
- What are Exemptions? / Excluded Items & Countries
- Public Shows; Temporary Imports Exemptions
- Technical Data Exemptions; Allies Maintenance Exemption
- Canada, UK & Australia Exemptions
- US Government Exemptions; Foreign Military Sales (FMS) Exemption
Licenses
- Licenses vs. Agreements
- The Art of the License Application
- DTrade / DSP-5 Applications
- Marketing & Foreign Person Employment Licenses
- License Amendments
Agreements
– with EXERCISES WORKSHOP
- Manufacturing License Agreements and Technical Assistance Agreements
- Agreement Application & Agreement Guidelines
- Scoping Agreements
- Sublicensing
- Dual/Third Country National Employees
- Handling Hardware in Agreements
- Warehouse & Distribution Agreements
- Agreement Amendments
- Government Review Process
- Congressional Notification
- Checking License Status
- Expedited Licensing Programs
Administration
- Destination Control Statement
- Automated Export System: Filing Electronic Export Information (EEI)
- Routed Export Transactions, Schedule B & HTS Classification
- Working with Agents: Freight Forwarders & Customs Brokers
- Export Clearance Requirements for Hardware, Tech Data, and Defense Services
- Exemptions Recordkeeping & Agreement Administration
Compliance Programs
- Building an Effective Compliance Program: Models & Structure
- Licensing vs. Compliance; Who is Responsible?
- Key Elements of a Program
- Written Programs & Procedures / Recordkeeping Requirements
Export Control Reform & Recent Developments
- ECR and Existing License/Agreement Transition Rules
- Latest ECR Regulatory Changes
- Other Recent Developments in the ITAR
Special ITAR Issues
– with EXERCISES WORKSHOP
- Brokering: Requirements, Registration, Prior Approval & Reporting
- Political Contributions, Fees & Commissions
ITAR Enforcement
- Enforcing Agencies: US Customs & Border Protection
- Enforcement Methods, Fines & Penalties
- What Constitutes an ITAR Violation?
- Personal Liability for Civil Penalties
- Subpoenas, Investigations & Voluntary Self-Disclosure Considerations
- Case Studies: Recent Enforcement & Audit Actions
*Timing and Order of agenda items subject to change
EAR/OFAC Export Controls Agenda
Scott Gearity
President – ECTI, Inc.
Timothy P. O’Toole, Esq.
Member – Miller & Chevalier
Guest Speaker | Michael Huneke
Partner – Hughes Hubbard & Reed LLP
Introduction to the EAR
- U.S. Export Control Policy & Primary Regulations (ITAR/EAR/OFAC)
- Roadmap to Parts of the EAR
Controlled Activities
- Controlled Items / Activities: Commodities, Software, and Technology
- Exports, Reexports & In-country Transfers
- Non-U.S. Origin Items Produced with U.S. Origin Content or Technical Data
- Deemed Exports and Reexports
- Other Regulated Activities
Classification
– with EXERCISES WORKSHOP
- Jurisdiction: EAR vs. ITAR; Which Agency Has Authority?
- How to Classify an Item: Determining and Reading the ECCN
- The Commerce Control List: EAR99, 600-Series, and other ECCNs
- Order of Review
- “Specially Designed” Definition, Exclusions & Implications
- Requesting an Official Classification
Technology & Software Classifications
– with EXERCISES WORKSHOP
- Determining ECCN for Technology & Software
- Definition of “Export” for Technology and Software
- Items Not Subject to the EAR; “Publicly Available”
- Fundamental Research / Educational Information / Patent Applications
No License Required (NLR)
– with EXERCISES WORKSHOP
- NLR Determination
- Using the Commerce Country Chart
License Exceptions
– with EXERCISES WORKSHOP
- ECCN-based License Exceptions (STA, GBS, CIV, LVS, ENC)
- Situation-based License Exceptions (RPL, TMP, GOV)
- Restrictions on License Exceptions
- License Exceptions Issues for 600-Series and 9X515
- Technical Data & Software License Exceptions (TSU, TSR, ENC, TMP, CIV)
- Wassenaar Reporting
End-Use & End-User Controls
– with EXERCISES WORKSHOP
- Prohibited Parties / Embargoed Countries / Proliferation Activities
- Military End-Use/User (China, Russia, Venezuela)
- Red Flags, EAR General Prohibitions & Antiboycott
License Applications
- When and How to Make a License Application to BIS
- Special Support Documents & Requirements
- SNAP-R / Electronic Filing / License Review Process
Export Clearance
- Foreign Trade Regulations (FTR) & Automated Export System (AES)
- Harmonized Tariff Schedule & Schedule B
- Export Documents & Shipping
- Special Requirements for 600-Series and 9X515
- Destination Control Statement
Compliance Programs
- Effective Compliance Plans & EMCP Core Elements (BIS)
- Resources: Where Can I Go for Help?
- Export Compliance Transaction Checklists & Automation
- Developing a Classification Matrix
- Areas of Frequent Compliance Breakdown
Export Control Reform (ECR) & Recent Developments
- Latest ECR Regulatory Changes
- Other Recent Developments in the ITAR
- Recent OFAC Updates: CAATSA Act, Cuba Sanctions
- Wassenaar & Missile Technology Control Regime Changes
Reexports: When Do U.S. Rules Apply Outside of the U.S.?
- General Guidelines & Who is Responsible for Reexport Compliance
- Special Rules for 600-Series and 9X515 US Content
- Foreign-made Items Incorporating U.S. Parts or Technology
U.S. Embargo Controls
- Embargoed Country Destinations:
- Cuba
- Iran
- North Korea
- Syria
- Sanctions on Sudan, Crimea
- Evolving Controls on Russia
EAR Export Enforcement
- Enforcement Fines, Penalties & Case Studies
- Subpoenas, Investigations & Voluntary Self Disclosures
- Preventing and Coping with Violations
*Timing and Order of agenda items subject to change
Guest Room Reservation
VENUE:
Renaissance Phoenix Downtown Hotel
100 North 1st Street
Phoenix, AZ 85004
*The cost of accommodation is not included in the seminar tuition.
A limited block of guest rooms at the venue hotel is reserved for seminar participants. Group rate ends October 4, 2024.
Rooms are available on a first-come, first-served basis. Book early to ensure availability.
Guest room rate: $239 Single/Double
To book your room, call the hotel at +1 602-333-0000 and mention ECTI group or use the guest room booking link.
Health & Safety Notice:
The health and safety of our customers and employees is of critical importance to ECTI. We continue to monitor any public health concerns, and we are committed to meet or exceed applicable guidelines or requirements to ensure the safety of our attendees and speakers.
This was my first experience with ECTI, but it will not be my last. I’ve taken many similar courses over the years, and this was the best. Scott was excellent and his experience in the industry made the course material more accessible and easy to understand.
William Gregory
UltiSat, Inc.
ECTI’s training sessions are a “must have” for anyone having a key role in their company’s Export Control Program. ECTI is always improving and updating their program. This is my 3rd time at this seminar.
Joseph Prezioso
Senior Quality Engineer, Consolidated Industries, Inc.
Presenters are extremely knowledgeable and engaging. Real world knowledge and practical guidance! I really enjoy the conference (3rd time attending) and always learn something new.
Bryon Relyea
Sr. Trade & Import Compliance Specialist, Avantor