BIS Update_2012

Update 2012
July 17 – 19, 2012
Washington, DC

Program Summary
(Subject to Change)


Tuesday, July 17
Welcome and Opening Remarks

Lunch Keynote Speaker

Wednesday, July 18
Interagency Panel

Lunch Keynote Speaker

Export Enforcement Panel

Breakout Sessions:

Tuesday, July 17 - Wednesday, July 19
Anatomy of An Investigation

The Office of Export Enforcement will take you through a full criminal investigation.  We will bring you from case inception and development all the way through prosecution and final disposition.  This forum will allow exporters to see and understand the complexities and differences between a crime and an administrative violation.

The Automated Export System
This panel will discuss recent developments and future proposed changes in the Automated Export System (AES) as a result of the notice of proposed rulemaking published in the Federal Register on January 21, 2011 announcing Proposed Substantive Changes and Corrections to the Foreign Trade Regulations.  In particular, the panelists will explain what is driving the proposed changes in AES.  Attendees will hear presentations from a statistical (Census), enforcement (U.S. Customs and Border Protection) and export control (Bureau of Industry and Security) perspective.

Commerce and State Compliance and Enforcement
The Bureau of Industry and Security’s Office of Enforcement Analysis and Directorate of Defense Trade Controls will provide presentations on the end-use check process and a comprehensive overview of the work they are doing to coordinate enforcement activities as a result of the Export Control Reform initiative.

End-Use Monitoring & Industry Best Practices: Diversion Concerns
An introduction to end-use monitoring, an overview of the end-use verification process, and examples of export violations through unauthorized diversion/mis-use within a country for 1) item-based controls and 2) end-user controls.  Session wrap up will cover industry best practices as part of an internal compliance program (ICP), including know your customer, red flag indicators, and due diligence recommendations for licensed and unlicensed (e.g., license exception) exports.

End-Use Monitoring & Industry Best Practices: Transshipment Concerns
An introduction to end-use monitoring, an overview of the end-use verification process, and examples of export violations through a transshipment country due to 1) item based controls and 2) end-user controls.  Session wrap up will cover industry best practices as part of an internal compliance program (ICP), including know your customer, red flag indicators, and due diligence recommendations for licensed and unlicensed (e.g., license exception) exports.

Export Control Reform: License Exception Strategic Trade
This session will address the newest license exception in the Export Administration Regulations.  BIS personnel will provide a brief explanation of the role of License Exception STA in the administration’s Export Control Reform initiative. Most of the presentation will focus on explaining the terms of STA and illustrating with examples the process for determining whether a shipment is eligible for STA.  The session will include demonstration of the interactive tool to help exporters determine if their transaction is eligible for shipment under STA.  This session is appropriate for attendees who apply for export licenses and have knowledge of Export Control Classification Numbers and the Country Chart in the EAR.  

Export Control Reform: New Information Technology
Under the current export control system, each agency involved in export license application review maintains its own internal database for tracking and processing.  The export control initiative makes it a priority to upgrade and enhance this inter-agency IT capability to allow the seamless sharing of information and processing streams.  In addition BIS, is undertaking a number of steps to enhance its external and internal communication capability to better serve the exporting community.  This session will brief attendees on the progress now being made and plans for the future.

Export Control Reform: Reshaping the Control Lists
The current export control system has two different control lists – the U.S. Munitions List (USML) and the Commerce Control List (CCL).  The Export Control Reform initiative has established new criteria for determining how certain items need to be controlled, and when an export license is required.  This session will delve into the process underway to shift the control of certain items from the USML to the CCL.  A number of proposed categories have been published and public comments have been reviewed.  In addition, several more rules are under development.  These rules are being implemented in conjunction with companion rules by the Department of State, Directorate of Defense Trade Controls.

Meeting the Deemed Export Challenge
The BIS Deemed Export requirements continues to be of strong interest for companies, research and development centers, universities and laboratories that hire foreign students and scientists working on technologies and equipment that are export controlled. This year, the U.S. Government has seen a surge in petitions for skilled foreign worker (H-1B) visas. The panel will address issues relating to: the effect of export control reform on deemed exports; the control of emerging technology; guidance on  “use technology” and " fundamental research"; export control requirements for government contracts with industry and universities; enforcement of deemed export violations; visa requirements; sought after technologies; major deemed export country destinations; and deemed export compliance programs.

National Export Initiative (NEI)
Through the President’s National Export Initiative the Federal Government will expand its trade advocacy in all forms, especially for small and medium-sized enterprises.  This effort will include educating U.S. companies about opportunities overseas, directly connecting them with new customers and advocating more forcefully for their interests by removing barriers that prevent U.S. companies from getting open and fair access to foreign markets.  A representative from the Department’s International Trade Administration will discuss their role in this critical endeavor.

Nuclear Technology Policy, Licensing Issues and Trends
This interagency panel will discuss the status of U.S. export controls pertaining to nuclear related items.  The U.S. maintains export controls on nuclear-related items under the authority of the Nuclear Nonproliferation Act of 1978 (NNPA) to further U.S. nuclear nonproliferation policy. The U.S. carries out its nuclear nonproliferation obligations through its support of the Nuclear Nonproliferation Regime which entails membership in the Nuclear Suppliers Group (NSG) and Zangger Committee (ZC).  BIS administers export licensing requirements for items that have significance for nuclear explosive purposes and other items that may be used in sensitive nuclear activities.  In addition the U.S. Nuclear Regulatory Commission controls the export of items related to nuclear reactor vessels and the Department of Energy administers export controls for technology related to the production of special nuclear materials.

Regulatory Review
The Bureau of Industry and Security (BIS) is currently engaged in the Export Control Reform Initiative, which will fundamentally change the U.S. export control system.  Not only is BIS undertaking a retrospective review of its regulations to determine how they may be clarified or streamlined, but it is also formulating regulations to aid in the transition the changes that are coming about.  In this session, the staff of BIS’s Regulatory Policy Division will review the regulations that have been published and those under development.

Role of Freight Forwarders
Members of the international forwarding community play a key role in ensuring the security of the global supply chain, stemming the flow of illegal exports, and helping to prevent sensitive goods and technologies from falling into the hands of proliferators and terrorists. Forwarding agents have compliance responsibilities under the Export Administration Regulations (EAR) even when they rely on information provided by their customers. The panel discussion will provide information about freight forwarders obligations under the export regulations, their role in export transactions, and how they work with U.S. and Foreign principals to facilitate exports.

Senior interagency personnel from BIS, the Department of State's Office of Terrorism and Economic Sanctions Policy (TFS), and the Department of the Treasury's Office of Foreign Assets Control (OFAC) will discuss export licensing policy with regard to countries, entities, and individuals subject to sanctions.  Panel members will address sanctions within the context of U.S. foreign policy and national security concerns and provide an overview of recent changes to licensing policy.

Use of the Entity List Today: IED Counter-Proliferation Efforts
As one of the proscribed parties lists administered by BIS, the Entity List is a flexible tool that facilitates the U.S. Government’s effort to counter the ongoing threat to U.S. soldiers and marines and coalition forces in Afghanistan caused by improvised explosive devices (IEDs).  In adding persons proliferating IEDS to the Entity List, the U.S. Government highlights these persons’ nefarious activities and is better able to coordinate multilateral action against them.  This panel’s speakers will provide an overview of the Entity List in the context of the evolution of BIS’s IED counter-proliferation efforts.  The highlight of the panel will be a presentation by Sargent Jarrett Jongema, an active-duty soldier recovering from injuries received in an IED incident while serving in Afghanistan.  SGT Jongema will discuss his experiences in Afghanistan and in the United States, after his return.  The panel session will conclude by opening the floor to questions and answers, whether specific to IEDs or about the Entity List in general.      

Special Sessions and Activities:

Tuesday, July 17 - Thursday, July 19

BIS Online Services
Learn about online services and online training provided through the BIS Website.  The staff of BIS's Office of the Chief Information Officer will be there to demonstrate and answer any questions pertaining to the SNAP-R Online Registration and Self-Management System and SNAP-R enhancements. Staff from the Census Bureau's Foreign Trade Division will be on hand to demonstrate AESDirect and AESPcLink - the free, widely used systems that allow exporters and their authorized filers to report export information electronically.  In addition,  you may explore the electronic Export Administration Regulations (e-cfr) hosted on the Government Printing Office’s website and learn helpful tools and search techniques.

Internet Café and Meeting Space
An internet café will be open to provide internet access and printers.  Program materials will be available on the computer desktops for you to download to the provided flash drive or print.

Exhibit Hall
The Exhibit Hall will be open throughout the entire conference, Tuesday, July 17-Thursday, July 19. Check the conference agenda for hours. The extended duration of the exhibit hall this year will provide ample opportunities for attendees to speak at length with industry and government service providers. Private sector and U.S. Government exhibitors will be on hand to present the services they offer to help companies meet various export control responsibilities and marketing goals. Such services include global logistics management, compliance strategies, and education and counseling on international trade management and regulations.  Invited U.S. Government exhibitors include Bureau of Industry and Security’s Outreach and Educational Services and Treaty Compliance Divisions, Department of Homeland Security, U.S. Commercial Service, Trade Promotion Coordinating Committee Export Pavilion, Bureau of the Census, and the National Customs Brokers & Forwarders Association of America, Inc.

Thursday, July 19

Roundtables and Open Forums
Throughout the day there will be roundtable and open forums designed to permit attendees to move about, listen engage in discussion and interact with colleagues and government representatives on several important topics.  The open forums will run from 10:00am-12:00pm and then continue from 1:30pm-2:30pm. Check the agenda for exact times and locations.

Roundtable Discussions
A full day of specific topic roundtables will give attendees the opportunity to meet and network with officials of BIS and other agencies as well as export control peers in an informal setting.  There will be four (4) one-hour sessions throughout the day from 9:00am-10:00am; 10:30am-11:30am; 1:00pm-2:00pm; and 2:30pm-3:30pm. You may participate in all sessions, but to provide sufficient opportunities for all you are required to select a different table for each session.  There will be program material to identify the topic of discussions and facilitator for each table.  The tables will be numbered and this event will be on a first come, first served basis.

U.S. Munitions List to Commerce Control List Open Forum – International Ballroom West
Assistant Secretary Kevin Wolf has hosted weekly teleconferences to keep the exporting community informed of each step of the work being done to transfer items from the Munitions List to the Commerce Control List.  This open forum provides an in-person extension of that effort.  This part of the conference will give exporters the opportunity to ask questions and give input directly to A/S Wolf as well as regulatory policy specialist and key engineers who have been working to bring this effort to fruition.

Industry Advisory Committee Perspectives Open Forum– International Ballroom East
The Bureau of Industry and Security consults closely with industry on the development of regulatory policy through the Technical Advisory Committees (TAC’s) and the President’s Export Council (PECSEA).  These advisory groups provide valuable industry input on trends in technology and the practicality and possible impact of export controls.  In addition, these groups are highly motivated to assist BIS in outreach to the exporting community.  This open forum will introduce attendees to the ongoing work of the advisory committees, and provide a venue for sharing information with industry counterparts.

Exporting for Small and Medium Enterprises (SME’s) Open Forum– Columbia Hall Rooms 5-10
The Bureau of Industry and Security will address issues aimed at increasing understanding and compliance by small and medium enterprises with the export controls maintained under the Export Administration Regulations.  Other Commerce Department offices will discuss services assist small and medium sized business to export their products and the National Export Initiative aimed at increasing overall U.S. exports.  In addition, representatives of the Small Business Administration and the Association for Small Business Development Centers also are invited to share information to help SME’s be successful in international markets.

Encryption Controls Question and Answer Period – International Ballroom East
This session offers a discussion of the encryption provisions of the Export Administration Regulations.  The special topics selected are based on lessons learned from the June 25, 2012 amendments to the EAR relating to decontrol of certain items, the January 2011 amendments to the EAR to remove certain “publicly available” encryption software from EAR jurisdiction, and the May 20, 2011 amendments to the EAR which added a decontrol note for products with deactivated encryption functionality.  In addition, the encryption licensing specialists will be available to provide one-on-one and small group counseling.


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