The Fundamentals of U.S. Export Control Regulations
Seminar Agenda

Day 1

8:00 AM Registration Breakfast
8:30 AM – 5:00 PM Program

Overview and Definitions

  • Basic Overview of the U.S. Regulations
    • Export Administration Regulations (EAR)
    • International Traffic in Arms Regulations (ITAR)
    • Foreign Trade Regulations (FTR)
    • Office of Foreign Assets Control (OFAC) Regulations
    • Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Regulations
  • Terms and Definitions – The Language
  • Requirements on U.S. and Global Industry – What Does It Mean to Your Business?
  • What the Regulations Control

Export Controls and Compliance

Jurisdiction and How Your Products, Services, and Technology Are Controlled

  • U.S. Government Agencies (ITAR vs. EAR)
  • Order of Review
  • Process for Determining Jurisdiction
    • Commodity Jurisdiction Requests (CJs)
  • Process for Determining Classification
    • Commodity Classification Requests (CCATS)
  • EXERCISES

Exemptions/Exceptions

  • ITAR License Exemptions and EAR License Exceptions
  • Requirements for Use
  • Tips for Using
  • Matrix of Options Available
  • EXERCISES

Licensing

  • Types of Export Authorizations and When They Are Used
  • EAR
    • BIS 748-P License Application
    • SNAP-R – Online Application Process
  • ITAR
    • DSP License Applications
    • Agreements
      • Technical Assistance Agreement (TAA)
      • Manufacturing License Agreement (MLA)
      • Warehouse and Distribution Agreement (WDA)
      • When One Is Required Over the Other
    • DECCS (Defense Export Control and Compliance System)
      • Online Application Process
    • Ensuring That TAAs and MLAs Are Effective and Will Stand the Test of Time
      • How to Effectively Structure the Scope of TAAs for Different Activities
    • DSP-83s (End Use Assurances)
      • When Required and How to Complete
    • Amendments to Export Authorizations
  • Ways to Avoid Delays in Processing License Requests
  • Post Licensing Requirements and Reporting Requirements
  • License Restrictions – Provisos, Limitations, and Conditions

Day 2

8:00 AM Breakfast
8:30 AM – 5:00 PM Program

Address Attendee Subjects (Provided at Registration)

  • Interactive Exchange
  • Detailed Discussions

End User Controls

  • Denied Parties and Sanctioned Destinations
  • ITAR – Ultimate End Use/User
  • EAR – Military and Proliferation Controls
  • EXERCISES

Office of Foreign Assets Control (OFAC)

  • Sanctioned and Embargoed Nations and Entities
  • Denied Party Screening
  • Licensing

Antiboycott Restrictions and Rules

  • How It Applies to Export Control

Customs and Shipping Compliance

Where Export Meets Customs

  • Foreign Trade Regulations (FTR)
  • Intro to Agency, CBP's Mission
  • General Dos and Don'ts of FTR Compliance
  • Forms and Correspondence

Incoterms

  • How They Apply
  • How They Interact With and Affect Export Compliance
  • EXERCISES

Schedule B and Harmonized Tariff Schedule (HTS)

  • What Are They
  • How to Determine the Right Classification

AES / ACE

  • Automated Commercial Environment (ACE) and the Automated Export System (AES)
  • Filing AES Yourself Versus Utilizing a Freight Forwarder (FF)
  • Routed Versus Non-Routed Transactions
  • Requirements and Responsibilities
  • Power of Attorney (POAs) – Acting as Your Agent
  • Common Filing Errors

Export Documentation and Logistics

  • Dealing Effectively with Your Freight Forwarder (FF)
  • Dealing with Express Carriers
  • Documentation Requirements
  • Documentation for Licensing Versus Exemptions/Exceptions
  • Shipper's Letter of Instruction (SLIs)
  • Dealing with Freight Forwarder Errors and Omissions

Day 3

8:00 AM Breakfast
8:30 AM – 5:00 PM Program

Violations, Disclosures, and Consent Agreements

  • Detentions and Seizures
  • Differences Between Detentions and Seizures
  • Penalties for Failure to Comply or Violations of the Various Regulations
  • What Can Happen
  • Where to Get Help and Advice

Voluntary Disclosures vs. Directed Disclosures

  • What If You Find a Violation
  • What and How Does the Government Find Out
  • Your Options to Disclose
  • Typical Consent Agreement Requirements

Compliance Programs

  • Ownership of Responsibility in a Company
  • Development and Sustainment
  • Models for Compliance Programs
  • Compliance Manuals
  • Developing, Using, and Monitoring Control/Compliance Programs
  • Best Practices and Compliance Tools

Procedures and Practices

  • General Dos and Don'ts of Export Compliance
  • Typical Procedures and Work Instructions, Where Are They Needed and Why
  • Training Programs for Export Controls
  • Implementation of Procedures and Work Instructions

Documentation and Record Keeping

  • Recordkeeping Requirements
  • Jurisdiction and Classification Determinations
  • License Exemption/Exception Use
  • Facility Visitors
  • Foreign National Employees

General Questions/One-On-One