To Be an Export, Does It Need to Leave the Room?

Export control laws are now intertwined with immigration laws, technology and business processes. Business owners, human resource personnel, technology managers, and in-house legal counsel should be aware of the basic requirements of the U.S. export control laws to understand how and when violations could subject companies to severe penalties, and their foreign national employees to grounds of inadmissibility and deportability. Industries that rely on foreign national employees, such as research and development, defense, aerospace, electronics, metal, chemical, biological, and other high-tech industries, will benefit from this program.

This seminar provides an overview of the applicable regulations, as well as information on how to determine whether an export license is required for a foreign national employee, and how to obtain such a license The speakers will discuss:

• What is a “Deemed Export”? Can exposing a covered technology to a foreign national employee on a work visa be deemed an export?
• Completing the I-129 Petition: certifying compliance with the Export Administration Regulations and the International Traffic in Arms Regulations.
  • What must be analyzed? What must be done? What must be kept for compliance?
  • What are the new developments in the law at the EEOC regarding national origin discrimination?
• What are the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR)?
• What technologies are covered?
• Is an export license required under EAR and ITAR?
• What happens now that you have determined an export control license is required? How do you obtain a license?
• When a license won’t be granted
  • Persons from certain “proscribed destinations” and other sensitive countries
  • Strictly controlled technologies
  • Employees who do not need access to controlled technology
  • Strategies for preventing access to controlled technology by foreign national employees
• Can the foreign national employee sue the U.S. employer for failure to obtain the license?
• Can a U.S. employer not hire a foreign national simply because it would trigger an export control license issue?

Barnes & Thornburg Speakers:

• Mercedes Badia-Tavas, Of Counsel
• Karen McGee, Partner
• Mariana Richmond, Partner
• Christine Sohar Henter, Of Counsel
• David Ritter, Partner
• Linda Weinberg, Partner

When: Tuesday, Oct. 6

Time: noon (Central) Registration and Lunch | 12:30 - 3 p.m. Program

Where: Barnes & Thornburg | One North Wacker Drive, Suite 4400 | Chicago, IL