Deemed Exports: Extremely Common and Commonly Misunderstood Webinar

If your company employs foreign nationals, works with contractors who do, shares technology with entities in other countries (particularly in the EU, with its fluid work force), contracts with universities to do research, outsources IT or uses cloud servers, or does pretty much anything else that companies do in the 21st Century, you may have a deemed export or reexport risk.  Ensuring that you have a compliance plan in place to identify and address these risks can not only significantly reduce your risk, but it can also be an important mitigating factor if you (or the government) uncover a violation.

This webinar will help to identify deemed export (or reexport) risks and how to manage them (while protecting against violations of anti-discrimination laws), as well as help identify what to do when things go wrong. Among other topics, we will discuss what is considered a deemed export, what sorts of information and activities are subject to the rule, how deemed exports are impacted by Export Control Reform, how deemed exports are treated differently under the EAR and the ITAR, what types of license exceptions might be useful in a deemed export situation (e.g., STA or TSR), and how different stakeholders in your company, including Engineering/R&D, HR, IT, and others should work together to avoid costly violations. We will focus on real-world examples and procedures that work.

Agenda:

• What is the “deemed” export (reexport) rule?

  • When might it occur?

  • Who is a foreign person?

• What types of technology and technical data are subject to the deemed export rule?

  • What is technology or technical data?

  • Public domain information

  • How do the EAR and ITAR differ in deemed exports (besides State not calling it a “deemed” export) and how does Export Control Reform impact this?

• Is a license required?

  • Am I required to get a license?

  • If a license is required, who is responsible for getting a license?

  • Are license exceptions available? Which ones, and how can we use them?

• How to set up a compliance policy, technology control plan

  • Who are the stakeholders?

  • How does this process interface with the I-129 visa process?

  • How do we structure our hiring program to prevent violations of anti-discrimination laws and regulations?

• Managing your program

  • Keeping up to date (as employees leave, change positions, get promoted, gain their permanent residency, etc.)

  • Auditing for compliance

  • Reviewing potential violations

  • Voluntary self-disclosures

This webinar will provide PowerPoint slides and include live video and commentary from Joan Koenig, whose experience includes assisting clients in obtaining export licenses, manufacturing license and technical assistance agreements, authorizations from the Office of Foreign Assets Control, as well as other types of export approvals from applicable agencies and working to structure transactions to comply with the export control regulations. Webinar participants are invited to submit questions during the webinar; the final 30 minutes of the webinar will be allotted to answering attendees' questions.