International Technology Transfers and Deemed Export Compliance: Updates and Strategies in 2013 and Beyond
While technology can make transactions more efficient (especially when conducting business internationally),it does not exempt your firm from stringent scrutiny by regulatory agencies such as the DOJ, DDTC and BIS. The government has been stepping up in enforcement actions in this area. Social media, cloud computing and the internet along with employee travel with laptops and portable devices to name a few are some of the factors for companies to be vulnerable to export violation. It is therefore essential that companies are ahead of the curve to ensure that their export programs are following the rules.
In a two-hour LIVE webcast, our panel of speakers will address several key issues including:
- Classification of Technology Under EAR and ITAR
- Technology Control Plans
- Issues Relating To Licensing Technology Transfer and Releasing Technical Data
- Deemed Exports and I-129 Form
- Risk Assessments
- Regulatory Updates
- Best Practices and Strategies for Export Compliance
Steven K. Brotherton, Partner,
Fragomen, Del Rey, Bernsen & Loewy, LLP
- Overview of export control reform and new EAR rules for “specially designed” military components
- Deemed exports and balancing employment discrimination concerns
- Form I-129 and expected expansion to include Form I-129S
Ginger Faulk, Partner,
Baker Botts LLP
- Facility Technology Reviews and the USCIS I-129 Form
- Technology Transfers “in the Cloud”
- Technology Transfer Licensing: Lessons Learned from the Interagency Review Process
- Elements of a Technology Control Plan
Who Should Attend:
- Export Compliance Counsel
- Export Control Counsel and Consultants
- Senior Management
- Risk Officers
- Export Controls Vice Presidents, Directors and Managers
- Trade Compliance Administrators and Managers
- International Trade Specialists
- Regulatory and Policy Managers
- General Counsel
Steven is a Partner with Fragomen and manages the firm’s Export Controls Practice Group. He counsels clients on export control laws and regulations, including compliance with the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”), and sanctions regulations administered by the Office of Foreign Assets Control (“OFAC”). He advises a wide variety of clients on export control issues, ranging from Fortune 50 companies to mid-size companies and start-ups. Steven has developed and implemented export compliance programs, led audits, investigations and reviews, prepared export licenses and agreements, and has successfully represented companies in connection with government investigations and enforcement actions. Mr. Brotherton is a member the U.S. Department of Commerce’s Regulations and Procedures Technical Advisory Committee (RPTAC), which advises the U.S. Department of Commerce on export control regulation and policy. He is also the Co-Chair of TechAmerica’s Export Control Reform Subcommittee.
Steven is a Partner with Fragomen and manages the firm’s Export Controls Practice Group. He counsels clients on export control …
Ginger Faulk’s practice focuses on international transactions and U.S. government regulation of foreign trade and investment. Her areas of experience include Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), U.S. antiboycott laws, sanctions administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Foreign Corrupt Practices Act (FCPA). With a focus on the defense, petroleum, petrochemicals, telecommunications and high technology industries, her work involves representation in government investigations and enforcement actions by U.S. government agencies responsible for administering U.S. export controls securing U.S. government licensing and other approvals; regulatory due diligence reviews in mergers and acquisitions; development and review of compliance programs; and compliance training.
Ms. Faulk has represented companies in securing government authorization to export or re-export highly regulated products and technology to the Middle East and China. She has also represented companies under investigation in connection with foreign trade and investment activities and has conducted large internal investigations of potential violations of U.S. export controls and economic sanctions. Ms. Faulk has conducted export control and sanctions compliance audits for several large, multinational corporations. She has performed numerous regulatory due diligence reviews in connection with large stock and asset acquisitions involving export-sensitive goods, software and technology. Ms. Faulk has also represented both buyers and sellers in U.S. government reviews of foreign acquisitions through the Committee on Foreign Investment in the United States (CFIUS).
Ginger Faulk’s practice focuses on international transactions and U.S. government regulation of foreign trade and investment. Her areas of experience …
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About Fragomen, Del Rey, Bernsen & Loewy, LLP
With over 225 attorneys and 1000 professionals in 33 offices, Fragomen is the world’s largest law firm dedicated solely to the movement of people, goods, and technology with practice areas including corporate immigration and export control. Fragomen’s Export Controls Practice Group advises companies and academic institutions on all aspects of U.S. export control regulations including the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”) and U.S. Department of Treasury, Office of Foreign Assets Control (“OFAC”) sanction regulations.
About Baker Botts LLP
For more than 170 years, Baker Botts has been among the leading law firms in the world. Today, with 700 lawyers based around the world, the firm ranks among the largest global law firms in scope and influence. Our clients include public and private companies, including those involved in all segments of the energy industry, governmental agencies, project companies, banks, insurance companies, investment firms, nonprofit organizations, individuals, estates and partnerships. Baker Botts maintains offices in fourteen locations around the world: Abu Dhabi, Austin, Beijing, Brussels, Dallas, Dubai, Hong Kong, Houston, London, Moscow, New York, Palo Alto, Riyadh and Washington.