HomeWebcastAerospace and Defense Industries: Export Control Regulation Issues in 2016 & Beyond
Aerospace and Defense Industries CLE

Aerospace and Defense Industries: Export Control Regulation Issues in 2016 & Beyond

Live Webcast Date: Wednesday, September 07, 2016 from 3:00 pm to 5:00 pm (ET)
International Trade Law (CLE)Recording

Aerospace and Defense Industries

Join us for this Knowledge Group Aerospace and Defense Industries Webinar. Over the years, there have been several changes to the U.S. export regulations and how certain space and defense commodities are governed. These changes, particularly under the Export Control Reform (ECR) have relaxed the controls on some defense and aerospace-related items and technology, but made regulatory compliance even more complex. Companies whose business operations are affected by ECR changes shall invest in developing and updating compliance programs and procedures to avoid potential missteps and violations in exports and licensing.

In a two-hour Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will provide comprehensive discussions on the issues relevant to Export Control Regulations for Aerospace and Defense Industries. Speakers will also offer best compliance programs and procedures to identify and correct potential violations.

Key issues that will be covered in this course are:

  • US Export Control Policy & Regulations:
    • ITAR
    • EAR
  • Jurisdiction & Classifications:
    • CCL
    • USML
    • ECCN
  • Export Control Reform (ECR)
  • Developing an Effective Export Compliance Program

Agenda

SEGMENT 1:
John Ordway, Partner
Berliner, Corcoran & Rowe LLP

Non-Military Space

Asst Secr Wolf:  As of March 2016 industry is “wildly overregulating itself”

But spacecraft and related technology and software are not decontrolled, so where does balance lie?

Use of STA:  advantages well-publicized, but what about hiccups?

Licensing:  DTSA/TD/Space still in ITAR world

DDTC (Aerospace and Defense)

With licensing officers today authorization requests almost like “code pleading”

  • No benefit to licensing process
  • Creating more work for DDTC and industry

DTSA overloaded, slow processing time


SEGMENT 2:
Joseph D. Gustavus, Senior Principal
Miller Canfield
  • The Potential Effects of Brexit on Export Control Compliance.
  • The Relaunch of the Company Visit Program (CVP).   
    • The U.S. State Department has relaunched its CVP to visit to Defense Exporters, Manufacturers, and Brokers
    • Preparing for CVP
    • Effect of statements made and information given during a CVP
    • Post CVP actions 
  • Developing an effective Export Control Compliance Program
  • Determining export control classification under ITAR and EAR; a review 

SEGMENT 3:
Giovanna M. Cinelli, Chair, Export Controls and National Security Practice
Dentons US LLP

Export Enforcement: 2016 Trends and Effective Engagement with the Government

  • The "new face of enforcement"
  • Statistical and legal review of 2016 enforcement actions
  • Key issues for the defense and aerospace industry
  • Key limitations the Government faces when enforcing the export laws post-ECR

Who Should Attend

  • Export Compliance Counsel
  • Export Control Counsel and Consultants
  • U.S. Exporters
  • Investors in Aerospace and Defense Industries
  • Multinational Companies
  • Other Related Professionals

Aerospace and Defense Industries

SEGMENT 1:
John Ordway, Partner
Berliner, Corcoran & Rowe LLP

Non-Military Space

Asst Secr Wolf:  As of March 2016 industry is “wildly overregulating itself”

But spacecraft and related technology and software are not decontrolled, so where does balance lie?

Use of STA:  advantages well-publicized, but what about hiccups?

Licensing:  DTSA/TD/Space still in ITAR world

DDTC (Aerospace and Defense)

With licensing officers today authorization requests almost like “code pleading”

  • No benefit to licensing process
  • Creating more work for DDTC and industry

DTSA overloaded, slow processing time


SEGMENT 2:
Joseph D. Gustavus, Senior Principal
Miller Canfield
  • The Potential Effects of Brexit on Export Control Compliance.
  • The Relaunch of the Company Visit Program (CVP).   
    • The U.S. State Department has relaunched its CVP to visit to Defense Exporters, Manufacturers, and Brokers
    • Preparing for CVP
    • Effect of statements made and information given during a CVP
    • Post CVP actions 
  • Developing an effective Export Control Compliance Program
  • Determining export control classification under ITAR and EAR; a review 

SEGMENT 3:
Giovanna M. Cinelli, Chair, Export Controls and National Security Practice
Dentons US LLP

Export Enforcement: 2016 Trends and Effective Engagement with the Government

  • The "new face of enforcement"
  • Statistical and legal review of 2016 enforcement actions
  • Key issues for the defense and aerospace industry
  • Key limitations the Government faces when enforcing the export laws post-ECR

Aerospace and Defense Industries

Aerospace and Defense Industries

John OrdwayPartnerBerliner, Corcoran & Rowe LLP

John Ordway is a partner at Berliner, Corcoran & Rowe, L.L.P., a boutique law firm focused on international law, export controls and sanctions, litigation, government contracts, and corporate and intellectual property law.  Mr. Ordway has practiced for over thirty years, primarily in the areas of U.S. export controls and government procurement.  As part of his export control practice, Mr. Ordway is recognized for his expertise in the application of U.S. export controls to various segments of the commercial space industry including satellite manufacturers, spacecraft insurers, and spacecraft component manufacturers.

Aerospace and Defense Industries

Joseph D. GustavusSenior PrincipalMiller Canfield

Joseph D. Gustavus is a member and leader of Miller Canfield's Export Controls Group representing multinational clients and clients primarily in the automotive, defense, aerospace, software and information technology sectors.  Joe Represents clients on ITAR and other export control compliance issues and assists clients with controlled asset identification and classification, commodity jurisdiction requests, implementation of export control compliance programs, export license applications, drafting of government-approved TAAs, MLAs, other export control-compliant collaboration agreements, performing export control audits and rendering benchmark reports, performing export control due diligence on acquisitions targets, drafting Export Control Manuals and Technology Control Plans, drafting voluntary disclosures on export control violations, and employment of foreign nationals subject to export controls.  He has served as an attorney in Europe and speaks fluent German.  He is also a Certified Public Accountant.

Aerospace and Defense Industries

Giovanna M. CinelliChair, Export Controls and National Security PracticeDentons US LLP

Giovanna M. Cinelli is a partner at Dentons US LLP in their Tysons Corner, Virginia office where she chairs the Firm's Export Controls and National Security practice. She counsels defense and high technology companies on a broad range of issues affecting national security, including export compliance, CFIUS reviews, and investigations. Over a 30-year career, she has handled dozens of complex civil and criminal investigations (both unclassified and classified), transactional due diligence for major cross-border investments, export licensing, and negotiations of export enforcement settlements.

Ms. Cinelli also serves as an expert witness on export issues affecting litigations and arbitrations involving controlled goods, technologies, data and services. Her testimony has addressed complicated, multinational licensing and compliance matters related to discovery and trial proceedings in the United States and abroad. Ms. Cinelli was listed in Chambers Lawyers Research as a specialist in export compliance, a 2014 and 2015 Chambers USA "Leader in Their Field" for export controls and sanctions, a Chambers Global 2015 expert, as well as a 2012-2014 Washington, DC "Super Lawyer." She was the 2015 Chair of Women in Aerospace, the United States' premier non-profit organization focused on addressing leadership and educational opportunities for women in the aerospace and aviation fields and continues to serve on the WIA board.

She has worked extensively with the Departments of State, Commerce, Defense and Treasury, as well as Energy and the military services. She was a member of the Department of State's Defense Trade Advisory Group (DTAG) from 1992 through 2008, holding the position of Vice Chair from 2006 through 2008. She was reappointed to the DTAG in 2014. She served on the Department of Commerce's Regulations and Procedures Technical Advisory Committee (RPTAC) for 8 years, ending her tenure as Vice Chair. She has been a member of the Virginia/DC District Export Council since 2011 and is currently serving her second term.


Click Here to Read Additional Material

Aerospace and Defense Industries

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145525

NASBA Field of Study:
   Business Law

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Berliner Corcoran & Rowe LLP is a boutique law firm focused on international law, export controls and sanctions, litigation, government contract, and corporate and intellectual property law. With offices in Washington, D.C. and San Francisco, we serve an international, national, and local clientele including foreign governments, major corporations, small and emerging businesses, and individuals. We are known for our commitment to high-quality work, creativity, and cost-effective service.

Website: https://bcr-dc.us/

Miller Canfield is an international law firm that serves the complex legal needs and business objectives of domestic business entities and foreign multinational companies whose commerce, profits and growth are connected to the increasingly interdependent and expanding world economy. The firm’s attorneys have been a presence in international business and trade law for decades, and are called upon to assist foreign and U.S. clients, as well as foreign consulates and trade offices, state agencies and local governmental units with matters involving international law.

Website: https://www.millercanfield.com/

Dentons is a global law firm organized to provide you with a competitive, legal and policy edge in an increasingly challenging and complex environment. As a market leader in multiple jurisdictions, Dentons was formed in 2013 through a combination of Salans LLP (Dentons in Europe), Fraser Milner and Casgrain LLP (Dentons in Canada) and SNR Denton (Dentons US). In June 2015, McKenna Long and Aldridge merged with Dentons US to further expand its geographic reach and capabilities.

Dentons spans over 80 locations in 50-plus countries across the United States, Europe, Australia, Asia Pacific, Canada, Africa, the Middle East, Central Asia, Russia, the CIS and the Caucuses, and the United Kingdom. In many instances, Dentons offices may be found in markets populated by our clients, allowing for on the ground, real-time broad based advice designed to help clients navigate global as well as local issues.

The Firm provides access to top-tier legal talent with experience in over 24 sectors, including, but not limited to: Aviation and Aerospace, Defense, Software, High Technology, Telecommunications, Government Contracts, Real Estate and Banking. The Firm maintains expertise in over 39 practice areas covering mergers, acquisitions, divestitures, export controls, national security, government contracts, litigation, financing, immigration and cross-border requirements (such as CFIUS and other foreign direct investment laws). With a global reach and in-depth experience, Dentons helps clients across the globe expand their opportunities and remain competitive.

Website: https://www.dentons.com/

John Ordway is a partner at Berliner, Corcoran & Rowe, L.L.P., a boutique law firm focused on international law, export controls and sanctions, litigation, government contracts, and corporate and intellectual property law.  Mr. Ordway has practiced for over thirty years, primarily in the areas of U.S. export controls and government procurement.  As part of his export control practice, Mr. Ordway is recognized for his expertise in the application of U.S. export controls to various segments of the commercial space industry including satellite manufacturers, spacecraft insurers, and spacecraft component manufacturers.

Joseph D. Gustavus is a member and leader of Miller Canfield's Export Controls Group representing multinational clients and clients primarily in the automotive, defense, aerospace, software and information technology sectors.  Joe Represents clients on ITAR and other export control compliance issues and assists clients with controlled asset identification and classification, commodity jurisdiction requests, implementation of export control compliance programs, export license applications, drafting of government-approved TAAs, MLAs, other export control-compliant collaboration agreements, performing export control audits and rendering benchmark reports, performing export control due diligence on acquisitions targets, drafting Export Control Manuals and Technology Control Plans, drafting voluntary disclosures on export control violations, and employment of foreign nationals subject to export controls.  He has served as an attorney in Europe and speaks fluent German.  He is also a Certified Public Accountant.

Giovanna M. Cinelli is a partner at Dentons US LLP in their Tysons Corner, Virginia office where she chairs the Firm's Export Controls and National Security practice. She counsels defense and high technology companies on a broad range of issues affecting national security, including export compliance, CFIUS reviews, and investigations. Over a 30-year career, she has handled dozens of complex civil and criminal investigations (both unclassified and classified), transactional due diligence for major cross-border investments, export licensing, and negotiations of export enforcement settlements.

Ms. Cinelli also serves as an expert witness on export issues affecting litigations and arbitrations involving controlled goods, technologies, data and services. Her testimony has addressed complicated, multinational licensing and compliance matters related to discovery and trial proceedings in the United States and abroad. Ms. Cinelli was listed in Chambers Lawyers Research as a specialist in export compliance, a 2014 and 2015 Chambers USA "Leader in Their Field" for export controls and sanctions, a Chambers Global 2015 expert, as well as a 2012-2014 Washington, DC "Super Lawyer." She was the 2015 Chair of Women in Aerospace, the United States' premier non-profit organization focused on addressing leadership and educational opportunities for women in the aerospace and aviation fields and continues to serve on the WIA board.

She has worked extensively with the Departments of State, Commerce, Defense and Treasury, as well as Energy and the military services. She was a member of the Department of State's Defense Trade Advisory Group (DTAG) from 1992 through 2008, holding the position of Vice Chair from 2006 through 2008. She was reappointed to the DTAG in 2014. She served on the Department of Commerce's Regulations and Procedures Technical Advisory Committee (RPTAC) for 8 years, ending her tenure as Vice Chair. She has been a member of the Virginia/DC District Export Council since 2011 and is currently serving her second term.

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