Advanced U.S. Export Compliance for Empowered Officials

Course Summary:

This course provides learners with the advanced-level training they need to perform their role as an empowered official under ITAR 120.67 and to understand the implications of that role in the context of their organization's ITAR compliance posture. The course includes training on key activities and definitions within the trade compliance environment; the use, application process, and management of authorizations under both the ITAR and EAR; assessing and managing risk; disclosing violations; and recordkeeping.

The content in this course aligns with the Tier 4 requirements outlined in Element 5 of the DDTC ITAR Compliance Program Guidelines and can be supplemented with the organization-specific content recommended in the guidelines, including:

Details about an organization's ITAR Compliance Program;
The future needs of the organization, including mergers, acquisitions, or divestitures, development of new product lines, and expansion into a new region of the globe; and
New developments in U.S. foreign policy.

In addition to the course content, learners will get a year of free access to the Webinar Series for Trade Practitioners, certification from the Schar School of Policy and Government at George Mason University, and a year of regulatory course updates.

Course Outline:

• Introduction to U.S. Export Compliance for Empowered Officials
  The Arms Export Control Act
  Layout of the ITAR
  DDTC Registration
  The Export Control Reform Act
  Other Statutory Provisions, Executive Orders, and Presidential Documents
  How the EAR is Structured
  Subject to the EAR

• Jurisdiction and Classification Overview
  Methods of Classification
  Formal Commodity Jurisdiction Requests
  Elements of a CCATS Request
  Encryption Items
  Introduction to the Order of Review
  Identifying Technical Information
  What is ITAR Technical Data?
  Marking Technical Information
  Other Jurisdiction and Classification Considerations
  Triggers, Tips, and Common Mistakes
  Documentation and Reassessment

• An Introduction to Activities Regulated by the U.S.
  ITAR §120.67: Empowered Official
  Overview of End-Use and End-User Considerations
  Types of Items and Activities Regulated by the U.S.
  Restricted/Denied Party Screening
  Foreign Military Sales and Direct Commercial Sales
  Technology Security and Foreign Disclosure
  Mergers, Acquisitions, and Divestitures

• Introduction to EAR and ITAR Authorizations
  ITAR Authorizations
  ITAR LicensesOverview of Part 124 Agreements
  Reconsideration of Provisos
  U.S. Persons Employed Abroad
  ITAR Exemptions
  Overview of ITAR License Exemptions
  Summary of the Congressional Certification Requirement
  Brokering: An Introduction
  EAR Authorizations
  Department of State Approvals
  Routed Export Transaction
  Department of State Submission Portals
  Tips for Submission
  Review of Approved Authorization
  Complying with License Provisos and Limitations and License Conditions
  Questions Regarding ITAR Provisos
  Tracking of Activities
  Amending ITAR Authorizations
  DSP Amendments
  Part 124 Agreement Amendments
  Introduction to ITAR Recordkeeping and Reporting
  ITAR Recordkeeping Requirements
  Reports Required by the ITAR
  Certification Requirements for Exemptions
  Reporting on Exports of ITAR Technical Data and Defense Services
  Recordkeeping for Political Contributions, Fees, and Commissions
  Destination Control Statements
  Post-Approval Activities for Part 124 Agreements
  Political Contributions, Fees, and Commissions
  Definitions
  Information to Be Furnished
  Introduction to EAR Recordkeeping and Reporting
  Best Practices for Authorization Management

• Export Clearance Overview
  Shipping Documentation
  An ITAR Example: Exemption 123.4
  Electronic Export Information
  Tracking
  Decrementation Under the ITAR
  Non-Traditional Scenarios
  Hand Carrying Hardware
  Variances in Outgoing and Incoming Authorizations
  Domestic Transactions with Foreign Persons
  Recordkeeping Overview

• Trade Compliance Programs Overview
  Regulatory Guidance on Elements of an Effective Trade Compliance Program
  Topics to be Addressed in Trade Compliance Program
  Developing and Managing an Export Compliance Program–focus on updates for new guidelines
  Investigations and How to Perform Root Cause Analysis
  Identifying and Disclosing Potential Violations
  What Constitutes a Violation Under the ITAR?
  Penalties for ITAR Violations
  Voluntary Disclosures of ITAR Violations to the U.S. Department of State
  Filing a Voluntary Disclosures Under the ITAR
  What Constitutes a Violation Under the EAR?
  Penalties for EAR Violations
  Voluntary Self-Disclosure of EAR Violations to BIS
  Managing Disclosures
  Identifying When a Disclosure Should be Made
  Tracking Implementation of Corrective Actions
  Compliance and Enforcement Actions
  Debarment/Ineligibility Status
  Industry/Peer Best Practices for Trade Compliance Programs
  Scenario: The EagleWing 4700 Tactical Unmanned Aerial Vehicle
  Scenario: Collaborating With a Swedish Company On a Laser-Guided Rocket
  Scenario: Brokering a Military Aircraft
  Scenario: An FMS Contract with Nonexistentstand
  Conclusion

The final evaluation consists of 50 True/False or Multiple-Choice questions with a requirement of at least 80% correct to pass.