On-Demand Webinar: Mastering the New Era of Export Controls: Understanding BIS’s ‘High Probability’ Standard and Mitigating Enforcement Risks

In response to the growing significance of export controls, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has forecasted that export controls are now the “new FCPA” (Foreign Corrupt Practices Act). The introduction of the “high probability” standard for knowledge marks a critical shift in compliance and enforcement practices. As companies navigate an increasingly complex regulatory landscape, understanding how to interpret and apply this standard—particularly when responding to “red flags” such as BIS warning letters—is crucial to managing compliance risks and avoiding enforcement actions.

Notable dates:

July 10, 2024: BIS issued important guidance on how businesses should approach the “high probability” standard when addressing “red flags”.
August 15, 2024: BIS followed this with its first-ever enforcement action relying upon the “high probability” standard, in which it imposed a $5.8 million penalty.
October 9, 2024: BIS issued guidance to financial institutions featuring the “high probability” standard.
December 18, 2024: The majority staff of the U.S. Senate’s Permanent Subcommittee on Investigations issued a report recommending that BIS focus on applying the “high probability” standard in its enforcement actions. This points to a new enforcement wave on the horizon driven specifically by the “high probability” standard.
NEW! January 20, 2025: The America First Trade Policy’s instruction to the State and Commerce Departments to find and close export control loopholes.
NEW! January 29, 2025: Statements by the Secretary of Commerce nominee regarding export controls enforcement and DeepSeek.

Topics:

Understanding the “high probability” standard: its origin, significance, and why it matters more than ever.
How BIS is laying the groundwork for “high probability” enforcement and what this means for your organization.
Why traditional compliance responses are no longer sufficient in the face of evolving enforcement practices.
The risks and consequences of shipping items or sharing sensitive information when faced with unresolved red flags under the “high probability” standard.
Practical strategies for mitigating enforcement risks by applying this new standard in your compliance decisions.

This webinar will include PowerPoint slides and video and commentary from Michael Huneke and Brent Carlson. Upon purchase, you will have immediate access to the webinar recording, the presentation, certificate of completion, and speaker contact information for follow-up questions. Access to view the webinar recording will be available for one year from the enrollment date.

1 hour 30 minutes Comprised of 1 hour of commentary and 30 minute Q&A session

ECoP® EAR or ITAR Renewal Credits: 1
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