EAR and OFAC Fundamentals: Export Control Of Dual-Use Equipment, Technology and Services
U.S. embargo and sanctions policy dominated the headlines in 2015 and will continue to do so in 2016. Yet with so many recent changes to the rules on trading with Cuba, Iran, Russia and the Ukraine, it can be difficult to keep up. Join us for our indispensable EAR/OFAC Fundamentals course and learn about the opportunities as well as the continued restrictions on dealing with embargoed countries. We will also discuss the direction of additional sanctions relief in the coming year, particularly with respect to Iran and Cuba.
This course is a 'must' for companies with products and/or technologies that have or will be transitioned from the ITAR to the EAR as a result of the President's Export Control Reform Initiative, particularly manufacturers of parts, components, and subsystems.
“EAR and OFAC Fundamentals: Export Control of Dual-Use Equipment, Technology and Services,” includes coverage of the U.S. Export Administration Regulations (EAR) the International Emergency Economic Powers Act (IEEPA), and various U.S. sanctions laws and regulations, practical instruction on export controls of equipment, technology, and services and how to obtain the proper clearances from the Bureau of Industry and Security (BIS) or the Office of Foreign Assets Control (OFAC) with the speed and economy necessary to compete profitably overseas.
Export controls are a fact of life for virtually all U.S. businesses. Even in this era of deregulation, the transfer of equipment, technology and services is tightly controlled by the Government's extensive export licensing requirements. Many U.S. companies have found that Export Control Reform ("ECR") has actually complicated their business because they must now deal wiht the EAR as well as the International Traffic in Arms Regulations ("ITAR"). For many U.S. companies, this is their first foray into th eworld of the EAR, and they are finding it to be a very different world.
To assist you in successfully dealing with the export controls impacting your business, we have updated this basic course to focus on the EAR and U.S. sanctions. The course aims to increase your ability to recognize EAR-controlled products and technology, recognize various export situations and determine whether your export requires a license. It will offer practical compliance strategies that can be implemented by companies of any size. The course will also highlight special concerns, including sanctioned and embargoed countries, end use/end user issues, and hiring of foreign nationals.
- The legal framework – U.S. statutes and regulations as well as international agreements (Wassenaar; Nuclear Suppliers Group; Missile Technology Control Regime; Chemical Weapons Convention).
- Jurisdictional concerns between the Department of Commerce (“dual-use”) and the Department of State (“defense articles”)
- The President's Export Control Reform Initiative: transition of items and technology from the ITAR and U.S. Munitions List to the EAR and the Commerce Control List.
- Commerce Control List and the new "600 series" ECCNs
- "Order of Review"
- Applying the definition of "Specially Designed"
- U.S. Sanctions and Embargoes
- Recognizing and protecting EAR-controlled technology
- Learning how to prevent “deemed exports” of technology to foreign national employees and others in the U.S.
- Classifying your product under the EAR and requesting a “CCATS”
- Licensing determination: using the “Country Chart” to determine the licensing requirements for your destination
- Licensing procedure
- Licensing exceptions, including use of "STA" for 600 series ECCNs
- Grandfathering of existing licenses during reform grace period
- General Prohibitions, End/Use and End User Controls
- Antiboycott regulations
- Screening your customer
- Compliance Plans
- Enforcement - penalties, voluntary disclosures and recent enforcement actions as case studies
These subjects and more will be presented by a distinguished course faculty - individuals with exhaustive experience in the special area of export control. In addition, each attendee will receive a comprehensive course manual.
For manufacturers, exporters, their executives, export compliance officers, logistics personnel and legal and financial advisors.
When: Wednesday, Oct. 26, 2016
Where: American Management Association - Arlington, VA