Update 2015
November 2-4, 2015
Washington, D.C.
Program Summary
(Subject to Change)
Plenaries:
Monday, November 2
Welcome and Opening Remarks
Lunch Keynote Speaker
Tuesday, November 3
Interagency Panel
Export Enforcement Panel
Breakout Sessions:
Monday, November 2 - Tuesday, November 3
"600 Series" Licensing
This panel will discuss common mistakes, best practices, etc.
Aerospace Export Policy
This session will review historical and recent changes to aerospace export control licensing and regulatory policy. The session will discuss hurdles to launch by foreign service providers of U.S. commercial and government satellites and the impact and scope of the shift in licensing jurisdiction from the USML to the CCL of commercial satellites. The opportunities this change in jurisdiction provides to the U.S. Space industry will also be discussed. The session will also discuss U.S. export policy associated with associated with unmanned air systems, Missile Technology Control Regime systems subject to the Export Administration Regulations including Space Launch Vehicles and review catch-all requirements to prevent proliferation of missile related technology in the new regulatory environment.
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.
Back to Licensing Basics
This session will review/brief on changes to the license application and license review processes (i.e., relying on LOEs, only authorizing what the applicant asks for, do not ask if you do not need it, license conditions, etc.). The End User Review Committee will speak on end-users, and panelists will compare/contrast DDTC and BIS license applications/electronic systems for exporters more familiar with the ITAR. Questions addressed will include: What makes a good application? How to know your customer? How do I check the lists? What should you expect during the process? What conditions may be imposed? What happens after approval, denial?
Civil/Military Evaluation: End-User Verification and Best Practices
Three of the BIS Export Control Officers (ECOs) operating overseas under the Office of Enforcement Analysis will describe their roles, regional compliance perspectives, and best practices for exporters trading with, inter alia, China, India, and the European Union. Discussion will focus on compliance with license conditions, bona fides issues related to civil vs. government/military end users/uses, and proscribed parties (e.g., Entity List, Unverified List). The Department of State, Directorate of Defense Trade Controls (DDTC) will provide an overview of the Blue Lantern end-use monitoring program, and discuss how licenses are targeted and vetted to prevent diversion. DDTC will also highlight Blue Lantern cases that uncovered diversion activities.
International Trade Data System (ITDS) – Exports
This panel will discuss the changes planned for the Automated Export System (AES) now that AES has moved over to the Automated Commercial Environment (ACE) platform as part of the International Trade Data System (ITDS). Representatives from BIS, Census, CBP and DDTC will discuss changes that will be implemented prior to December 2016 that will assist in improving the facilitation of the export clearance process.
Nuclear Technology Policy, Licensing Issues and Trends
This interagency panel will discuss the status of U.S. export controls pertaining to nuclear related items, including the revised DOE Part 810 regulation and the BIS small quantity license exception for certain NP materials. 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.
Proscribed Party Screening
Representatives from BIS and OFAC will provide an overview of nine USG proscribed parties lists administered by BIS and OFAC that make up part of the eleven lists included in the USG Consolidated Screening List. A representative from Commerce’s International Trade Administration will demonstrate the Consolidated Screening List search engine.
Reexports
This session provides a deep dive into how the Export Administration Regulations (EAR) affect transactions outside of the United States and addresses impacts to the EAR's reexport controls as a result of Export Control Reform. Panel members will discuss determining when an item outside of the United States is subject to the EAR, including applying the de minimis and direct product rule concepts, and review potential authorizations for reexports or in-country transfers.
Regulatory Review
In this session, the staff of BIS’s Regulatory Policy Division will review the regulations that have been published that do not directly relate to the Export Control Reform initiative, including EAR revisions made to reflect changes in the multilateral regime controls of the Wassenaar Arrangement, the Australia Group, the Nuclear Suppliers Group, and the Missile Technology Control Regime.
Russia Sanctions
BIS will discuss recent changes in a session devoted just to these sanctions.
Sanctions and Special Controls
Interagency representatives from BIS, the Department of State's Office of Sanctions Policy Implementation (SPI), 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 and special controls. Panel members will address sanctions and special controls within the context of U.S. foreign policy and national security concerns and provide an overview of recent changes to licensing policy.
State Department Directorate of Defense Trade Controls Update
Department of State Policy, Licensing, and Compliance officials have been invited to discuss developments related to the International Traffic in Arms Regulations, including implementing Export Control Reform.
Transshipment: End-Use Verification – Best Practices
Three of the BIS Export Control Officers (ECOs) operating overseas under the Office of Enforcement Analysis will describe their roles, regional compliance perspectives, and best practices for exporters shipping to and through Hong Kong and the United Arab Emirates, as well as exporting to Russia, including through intermediary countries. Discussion will focus on bona fides issues relating to intermediaries and trading companies in transshipment countries, compliance under current Russian sanctions, host government export control requirements, and proscribed parties (e.g., Entity List, Unverified List). These officials, who also have regional responsibilities, play a unique and critical role in the fight against proliferation. The Department of State, Directorate of Defense Trade Controls (DDTC) will provide an overview of the Blue Lantern end-use monitoring program, and discuss how licenses are targeted and vetted to prevent the unauthorized transshipment of defense articles. DDTC will also provide examples of unfavorable Blue Lantern cases involving transshipment countries.
USG Experiences in Compliance
Organizations that have recently made enhancements to their compliance programs will share how they did that process.
Special Sessions and Activities:
Monday, November 2 – Wednesday, November 4
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. 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, Monday, November 2-Wednesday, November 4. Check the conference agenda for hours. 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, 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, and the Bureau of the Census.
Wednesday, November 4
Roundtables and Open Forums
Throughout the day there will be roundtable and open forums designed to permit attendees to move about, to discuss, listen, engage and interact with colleagues and government representatives on several important topics.
Open Forums
The open forums will run from 9:00 a.m.-11:00 p.m. and then continue from 1:00 p.m.-3:30 p.m.
U.S. Munitions List to Commerce Control List Open Forum 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 Assistant Secretary Wolf as well as regulatory policy specialists and key engineers who have been working to bring this effort to fruition.
This Open Forum on Wednesday, November 4, 2015, will also be accessible to callers as a teleconference, in listen only mode, instead of the weekly Wednesday teleconference. The regular phone lines listed below, with the same participant code, will be open for Assistant Secretary Wolf’s forum from 9:00-11:00 a.m. and from 1:00-3:30 p.m. Eastern Time. Live questions will not be possible by phone, so callers are encouraged to submit questions by e-mail in advance. You can submit a question about any aspect of the Export Control Reform Initiative including any BIS proposed rule that is open for comment. The address is This email address is being protected from spambots. You need JavaScript enabled to view it..
To access the teleconference dial 1-888-455-8218 and then dial the participant code: 6514196. To access the teleconference from outside of the United States, use the international call-in number (this is a toll call at your international call rate): 1-212-547-0330, and then dial the participant code: 6514196.
Encryption Controls and Information Security Session with Question & Answer Period – Morning Session
This session offers a discussion of recent issues related to the encryption provisions of the Export Administration Regulations, new Wassenaar Arrangement controls in Categories 4 and 5, and Country Group E:1 deemed export licensing issues. Following a brief presentation, licensing specialists will be available to answer questions.
Encryption Controls – Afternoon Round Tables Session
This session offers one-on-one and small group counseling on the encryption provisions of the Export Administration Regulations with staff of the BIS Information Technology Controls Division.
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 9:00 a.m.-10:00 a.m.; 10:30 a.m.-11:30 a.m.; 1:00 p.m.-2:00 p.m.; and 2:30 p.m.-3:30 p.m.. 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.