HomeWebcastCommerce and State Department Revised EAR and ITAR Definitions: A Harmonizer for Ambiguous Terminologies
Revised EAR and ITAR Definitions CLE CLE

Commerce and State Department Revised EAR and ITAR Definitions: A Harmonizer for Ambiguous Terminologies

Live Webcast Date: Friday, December 16, 2016 from 1:00 pm to 2:00 pm (ET)
CLE International Trade LawRecording

Revised EAR and ITAR Definitions CLE

Join us for this Knowledge Group Revised EAR and ITAR Definitions CLE Webinar. Earlier this year, both the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) issued new rules as part of an attempt to harmonize certain terminology used in the Export Administration Regulations (“EAR”) and the International Traffic in Arms Regulations (“ITAR”).  Revised definitions aimed to improve clarity and consistency across the two export control regimes.  This objective was achieved in many instances.  The effort, however, also highlighted areas where DDTC and BIS approach certain concepts differently.

The new regulations will create new opportunities for exporters.  However, along with these opportunities lies the possibility of increased risks and legal challenges. In order to mitigate risks, exporters at a minimum need to assess and update their export control compliance programs.

Mr. John Ordway, Partner, Berliner, Corcoran & Rowe LLP will help the audience understand the most important aspects of the BIS and DDTC attempt to harmonize certain terminology.  Going beyond the basic mechanics of the revised and new definitions, Mr. Ordway will also provide the audience his expert thoughts on how to best work with the amended rules.

Key topics include:

  • Revised definition of EAR technology and no change to ITAR definition of technical data
  • Different EAR and ITAR terminology of “required” versus “directly related”
  • Harmonizing EAR and ITAR definitions of publication and public domain – or not
  • Difference between EAR and ITAR definitions of fundamental research
  • Increased consistency in amended definitions of export and reexport in the EAR and ITAR
  • Clarification of and differing DDTC and BIS approaches to deemed exports
  • New controls applicable to use of cloud technology

Who Should Attend

  • Export Compliance Counsel
  • Export Control Counsel and Consultants
  • Export/Import Control Managers
  • U.S. Exporters
  • Cloud Computing Professionals
  • Technology Lawyers
  • Trade and Export Lawyers

Faculty

Revised EAR and ITAR Definitions CLE
John Ordway
Partner
Berliner, Corcoran & Rowe LLP

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Revised EAR and ITAR Definitions CLE

John Ordway, Partner
Berliner, Corcoran & Rowe LLP
  • Revised definition of EAR technology and no change to ITAR definition of technical data
  • Different EAR and ITAR terminology of “required” versus “directly related”
  • Harmonizing EAR and ITAR definitions of publication and public domain – or not
  • Difference between EAR and ITAR definitions of fundamental research
  • Increased consistency in amended definitions of export and reexport in the EAR and ITAR
  • Clarification of and differing DDTC and BIS approaches to deemed exports
  • New controls applicable to use of cloud technology

Revised EAR and ITAR Definitions CLE

Revised EAR and ITAR Definitions CLE

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 advises the aerospace and defense/security industries extensively.  More particularly in the aerospace sector, Mr. Ordway is recognized internationally for his expertise in application of U.S. export controls to various segments of the commercial space industry including satellite manufacturers, spacecraft insurers, satellite component manufacturers, and a moon lander start-up.  Mr. Ordway has experience in particular advising the aerospace and defense/security industries regarding U.S. export controls as relate to dispute resolution and corporate transactions.  Mr. Ordway has also served as an expert witness on U.S. export controls and has been quoted frequently in the press on export issues.

Revised EAR and ITAR Definitions CLE

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in international trade

Course Code:
   146037

NASBA Field of Study:
   Business Law - Technical

NY Category of CLE Credit:
   Skills

Total Credit:
    1.0 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/

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