Export Controls and Economic Sanctions: What Every White Collar Criminal Law Practitioner Needs to Know in 2015
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders will help white collar criminal law practitioners, law enforcement officials, and trade industry counsel understand the important aspects of this significant and timely topic. The panel will provide an in-depth discussion of export regulations, economic sanctions, and current risks and trends in compliance and litigation. Speakers will also offer best practices in developing and implementing an effective trade policy to ensure compliance with Export Controls and Economic Sanctions securities laws in 2015.
Economic sanctions are multi-lateral and rapidly change, making compliance a formidable challenge. The US Department of Treasury, Office of Foreign Assets Control (OFAC) administers and enforces a sanctions affecting international trade. It is vital for anyone doing business outside the US to know how the US Export Controls affect their business transactions at home and for subsidiaries over-seas.
The agenda will include:
- Export Controls and Economic Sanctions Regulations, including those implemented by the Departments of Treasury (OFAC), Commerce (BIS) and State (DDTC)
- Integration of administrative legal defenses in the context of criminal cases
- What is Covered: Transactions, , Software, Services, Technical Data and Products
- Best Practices as Mitigation and Defense/Exporter Compliance Responsibilities
- Risks, Enforcement, and Penalties
- Common Errors of Administrative Lawyers Dealing with Criminal Cases and Criminal Lawyers Dealing with Administrative Enforcement
Kirkland & Ellis LLP
- Overview of the U.S. export control laws
- Overview of the U.S. economic sanctions
- What recent changes in U.S. economic sanctions mean for U.S. and non-U.S. companies
Holland & Hart LLP
- Recent enforcement actions under the U.S. export control laws and economic sanctions
- Export control and trade sanctions prosecutions invariably involve multiple agencies and regulatory regimes. Each regulatory regime has its own administrative enforcement processes. The overlap of regulations and administrative enforcement processes of the three principle US agencies (Treasury, Commerce and State) provide opportunities for defense counsel.
- Criminal defense counsel often look first at criminal process issues. Supporting the export control or trade sanctions prosecutions, however, are often complex regulatory controls (sometimes from more than one agency as to the same transaction). An analysis of those controls at the outset allows for the development of proper immediate remediation and the development of longer term defensive strategies. Remediation will include identifying where other potential risks are present in the company operations.
- An assessment of the applicable trade sanctions or export controls and how they relate to the business flow allows the company to prevent other violative conduct. Absent this assessment, it is not uncommon to see continued export control or trade sanctions violations even while the defendant company is aware that it is under review.
- Consider the interplay between administrative enforcement processes and the criminal prosecution. Often, a proper adjudication of the violations on anadministrative level can satisfy prosecutors that the conduct has been remedied and the company held accountable. Administrative processes also compel a thorough review of regulatory defenses (and violations), allowing for the development of a more informed defense strategy.
- Consider debarment or exclusion from export privileges as a real risk and address those risks with a proper adjudication at the agency level. Even if that administrative process does not resolve the matter, it may be that by force of law a plea or conviction will result in the company having to go through that process to maintain its contracting or exporting privileges. This process can require identification and remediation of compliance process shortcomings, as well as associated training and auditing in the company.
- Russian Sanctions and Screening
- Enforcement of Encryption Exports (Wind River case)
- Export Control Reform
Discussion of practical scenarios to illustrate application of principal points discussed by the panel.
Who Should Attend:
- Data Security Professionals
- Risk and Compliance Officers
- Security Operations
- International Trade Counsel
- International Trade Specialists
- Business Consultants
- Industry Watchers
- Regulatory and Policy Managers
- Multi-National, Private and Public Companies
- Other Related/Interested Professionals or Organizations
Chase Kaniecki is an international trade associate in Kirkland’s Washington, D.C. office. He has substantial experience in all areas of international trade law, including export controls, customs, trade remedies and trade agreements.
Chase has represented a wide spectrum of multinational companies based both in and outside the United States in every context in which an international trade law issue arises. He has also advised clients regarding compliance with the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the embargoes and sanctions programs administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) and sanctions-related legislation.
Chase has represented U.S. importers before U.S. Customs and Border Protection (CBP) and the U.S. Court of International Trade. He also represents foreign manufacturers and exporters and U.S. importers in non-market economy antidumping and countervailing duty proceedings.
Chase Kaniecki is an international trade associate in Kirkland’s Washington, D.C. office. He has substantial experience in all areas of …
With an international reputation as an effective advocate in export controls, trade sanctions, anti-corruption, related compliance, and white collar defense, Trip Mackintosh defends domestic and foreign corporations and personnel facing investigation under U.S. export controls and other trade sanctions. These trade sanctions laws include the Arms Export Control Act, the Foreign Corrupt Practices Act, and the International Emergency Economic Powers Act, as well as their implementing regulations. Mackintosh and his team have served as lead counsel for multiple complex ITAR criminal and civil enforcement actions, including two of the three Department of State AECA and ITAR consent agreements issued in calendar year 2010. One of these, Xe Services, was reported to be one of the most complex in the history of ITAR administrative enforcement. For the last four years, Mr. Mackintosh is the only Chambers & Partners nationally ranked attorney for trade sanctions outside of Washington, D.C.
With an international reputation as an effective advocate in export controls, trade sanctions, anti-corruption, related compliance, and white collar defense, …
Erica Dillon is a Manager, Customs & Global Trade at Deloitte Tax LLP, where she is a member of Deloitte’s U.S. Export Controls practice. Erica is a subject matter specialist in U.S. export controls, including the ITAR, EAR and OFAC regulations. She primarily focuses on advising a wide range of industries, such as aerospace, defense and high technology, on U.S. export controls and compliance, including jurisdictional classifications, technology transfers, strategic licensing, conducting export compliance assessments, compliance audits, and investigations, designing and implementing export compliance programs, providing guidance and solutions for proactive and remedial measures for compliance, and creating and conducting customized export compliance training. She began her career in export compliance in 2006 as the empowered official of a multinational manufacturer where she was responsible for overall export compliance, including internal and external export audits for the business unit. Erica went on to join Clifford Chance U.S. LLP, during which time she focused on trade compliance and international trade, to include serving on the team selected by the Department of State to monitor a company’s compliance under their Consent Agreement. She received her J.D. from American University, Washington College of Law in 2009.
Erica Dillon is a Manager, Customs & Global Trade at Deloitte Tax LLP, where she is a member of Deloitte’s …
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Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
Specialized Knowledge and Applications
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About Kirkland & Ellis LLP
Kirkland & Ellis LLP is a global law firm with approximately 1,600 lawyers representing clients in complex corporate and tax, litigation and dispute resolution/arbitration, restructuring, and intellectual property and technology matters. The Firm has offices in Washington, D.C., Beijing, Chicago, Hong Kong, Houston, London, Los Angeles, Munich, New York, Palo Alto, San Francisco and Shanghai.
About Holland & Hart LLP
Holland & Hart helps clients with integrated legal solutions. We work with regional, national, and international clients of all sizes to tackle virtually any kind of legal issue. We help our clients ascend, whatever the "mountain" they face. Established in 1947, Holland & Hart today has more than 470 lawyers providing a full range of services from 15 offices across the Mountain West and in Washington, D.C. Our value proposition is to provide our clients in the region and beyond with the breadth and depth of experience to enable them to meet their business objectives. We offer a client-driven culture with service that is personalized, responsive, and innovative. To sign up for client alerts regarding export controls or other issues, email firstname.lastname@example.org.
About Deloitte LLP
Our Deloitte Tax Customs and Global Trade (CGT) practice includes practitioners with various backgrounds which include legal, accounting, auditing, and customs services, as well as economists, former government officials, and industry specialists, focused on Customs/Import, Export Controls, and Automation.
Around the world, our team has developed a broad knowledge of trade compliance regulations, related business requirements, and corresponding leading practices. We focus on strategy and compliance, supporting our clients to enhance their existing global trade program to become world class and meet their operational and compliance-based requirements, utilizing leading practice methodologies focusing on:
- People – defining high-quality export compliance organizational and governance structure as well as providing export controls awareness and technical training.
- Processes – assessing, enhancing, and/or developing broad effective business processes and internal controls to manage export compliance requirements.
- Technology – enabling internal controls and supporting global trade compliance management, including implementation of global trade management software solutions.