ITAR Export Controls Agenda
Day 1*
-
8:00 AM Registration
-
8:30 AM – 5:00 PM Program
*Timing and Order of agenda items subject to change
Day 2*
-
8:30 AM – 5:00 PM Program
Overview of U.S. Export Controls
- Why Export Controls?
- U.S. Export Control Policy & Primary Regulations (ITAR/EAR/OFAC)
- Key Governing Agencies
- Arms Export Control Act (AECA) & ITAR Compliance Resources
ITAR Regulated Activities
– with EXERCISES WORKSHOP
- Exports, Defense Services, Reexports, and Retransfers
- Technical Data Releases to Foreign Persons
- Temporary Imports & Other Controlled Activities
- Prohibited Countries & Ineligible Parties
Controlled Items
– with EXERCISES WORKSHOP
- Items Subject to the ITAR: Hardware, Software, Technical Data, Defense Services
- Jurisdiction: ITAR vs. EAR; Definition of “Defense Article”
- The U.S. Munitions List & “Order of Review”
- “Specially Designed” & Special Classification Issues
- Highly Restricted Items & Significant Military Equipment (SME)
- Commodity Jurisdiction Determinations
Technical Data
– with EXERCISES WORKSHOP
- Technical Data in the ITAR & Software Directly Related to Defense Articles
- What is Not Considered Technical Data
- Public Domain Information
Registration
- Who Does Registration Apply to? / Exemptions to Registration Requirement
- Registration Requirement & How to Register with DDTC
- Obligations of Registrants / Renewing Registration
Exemptions
– with EXERCISES WORKSHOP
- What are Exemptions? / Excluded Items & Countries
- U.S. Government Exemptions and Exemptions Requiring DOD Validation
- Foreign Military Sales (FMS) Exemption
- Public Shows; Temporary Imports Exemptions
- Exemptions for Unclassified Hardware
- Technical Data Exemptions / Defense Services Exemptions
- Allies Maintenance Exemption
- Canada, UK & Australia Exemptions
Licenses
– with EXERCISES WORKSHOP
- Licenses vs. Agreements
- The ITAR Paradox / The Art of the License Application
- DTrade / DSP-5 Applications
- Application Support Documents
- Marketing & Foreign Person Employment Licenses
- Political Contributions, Fees & Commissions
- License Amendments / General Correspondence
Agreements
- Agreement Types; Application Contents & Guidelines
- Sample Agreement Structures: Manufacturing License Agreements and Technical Assistance Agreements
- Signatory vs. Sublicensee; Sublicensing Issues
- Scoping Agreements
- Handling Hardware in Agreements
- Dual/Third Country National Employees and Their Coverage in Agreements
- Deemed Reexport Exemption: General and for NATO +
- Key TAA/MLA Questions for Discussion
- Warehouse & Distribution Agreements
- Agreement Amendment
- Application Processing and Status
- Government Review Process
- Congressional Notification
- Processing Time and Checking License Status
- Expedited Licensing Programs
Export Clearance
- Export Clearance Requirements for Hardware, Technical Data, and Defense Services
- Technical Data / Defense Service Export Under License, Agreement, and Exemption
- Commercial Invoice Requirements: Destination Control Statement
- The Automated Export System (AES): Filing Electronic Export Information (EEI)
- FTR: Parties to Export Transaction
- Who is Responsible for Submitting EEI?
- Standard and Routed Export Transaction Responsibilities
- Working with Agents: Freight Forwarders & Customs Brokers
- AES and ITAR / Proof of Filing Citation and Documentation
- Exemptions Recordkeeping & Agreement Administration
Compliance Programs
– with EXERCISES WORKSHOP
- Building an Effective Compliance Program: Models & Structure
- Licensing vs. Compliance; Who is Responsible?
- Key Elements of a Program
- Written Programs & Procedures / Recordkeeping Requirements
- Technical Data Compliance Challenges / Electronic Export Issues
- Foreign Person Employees
- ICP Tips and Evidence of Effective Compliance
Recent Developments
- Latest Regulatory Changes
- Other Recent Developments in the ITAR
Brokering
- What is Brokering Under the ITAR?
- Brokering Activities and Exclusions
- Who Must Register as a Broker? / Brokering Registration Exemption
- Brokering Activities Requiring Approval / Approval Exemptions
- Prior Approval Process and Annual Reporting
ITAR Enforcement
- Enforcement Methods, Fines & Penalties
- Enforcing Agencies: U.S. Customs & Border Protection
- Civil vs. Criminal Penalties
- How to Approach a Case: How it Begins, Responding to an Agent’s Meeting Request, Subpoenas, How to Handle a Violation
- Voluntary Disclosures to the Government and Considerations
- Disclosure and Civil Enforcement Trends / Terms of Global Settlements
- Case Studies: Recent Enforcement & Audit Actions