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Tired of having your U.S. suppliers botch their license applications and thus delay your programs? Beside yourself with their shipping ITAR-controlled parts as EAR99 items? Confused about your U.S. reexport licensing obligations? Befuddled by the increasing role that U.S. DoD appears to be playing? This workshop will explore what you, as a European company, need to know to stay on top of U.S. export, reexport, and retransfer controls. There will also be coverage of your company’s obligations under U.S. DoD’s Cybersecurity Maturity Model Certification Program. Particular emphasis will be on reviewing the “chain of custody” information on subcontractors/sublicensees, downstream customers and end-users, freight forwarders/customs brokers/warehouses, and sales reps/brokers your U.S. suppliers need from you to prepare bullet-proof ITAR and EAR applications.

About the hosts:

Gary Stanley is the President of Global Legal Services, PC, a Washington, DC-based law firm focusing on trade compliance issues. Mr. Stanley represents, among others, numerous U.S., Canadian, and European companies on defense export control issues. He publishes the daily Defense and Export-Import Update newsletter and frequently speaks at ITAR training events around the world. Mr. Stanley has also provided export control training to multiple Canadian Government agencies and the Russian Government.

Ed Peartree is the Group Deputy Head of Export Controls, Licensing and Policy at BAE Systems plc. Mr. Peartree previously served as the Director of the U.S. Department of State’s Office of Defense Trade Controls Policy, where he the development of U.S. regulations and policies governing the export of defense articles and services, the commodity jurisdiction and classification process, license screening and risk analysis, and global end-use monitoring program (“Blue Lantern” program). He also led engagement on bilateral and multilateral defense trade matters, including U.S.-UK.

About the organisations:

Global Legal Services, PC, is a Washington, DC-based law firm advising U.S. and non-U.S. companies on U.S. export and re-export controls, including securing U.S. licenses and other export authorizations, strengthening corporate export control compliance programs, providing training to employees, and advising on civil violations of the ITAR and EAR.
 

BAE Systems plc is a British multinational defence, security, and aerospace company. It is the largest defence contractor in Europe and has operations worldwide, including BAE Systems Inc. in the United States, one of the six largest suppliers to US DoD. BAE Systems is involved in several major defence projects, including the Lockheed Martin F-35 Lightning II, the Eurofighter Typhoon, the Astute-class submarine and the Queen Elizabeth-class aircraft carriers.

Why you should attend?

  • This Workshop is a “must” attend for non-U.S. export control managers, program managers, and procurement managers who work with U.S. suppliers.
  • Understand how to determine the U.S. export control jurisdiction and classification of what you are ordering to ensure your U.S. suppliers are obtaining the correct export authorization.
  • Learn the common mistakes that U.S. suppliers make in completing their applications and what you can do to help your suppliers avoid them.
  • Gain knowledge of how to obtain approval for reexports and retransfers of items originally exported under the U.S. Foreign Military Sales Program (FMS v. DCS Approvals)
  • Obtain guidance on how to prepare and submit your company’s “Basic Assessment” for U.S. DoD’s CMMC Program

Workshop programme

8:30 Registration and Coffee

Mr Gary Stanley

Mr Gary Stanley, President, Global Legal Services
View Bio

Mr Ed Peartree

Mr Ed Peartree, Group Head of Export Controls, BAE Systems
View Bio

9:00 Opening Remarks and Introductions

Mr Gary Stanley

Mr Gary Stanley, President, Global Legal Services
View Bio

Mr Ed Peartree

Mr Ed Peartree, Group Head of Export Controls, BAE Systems
View Bio

9:15 The Fundamental Question of U.S. Export Controls: Is the Item Controlled under the ITAR or EAR?

  • What is the “Order of Review” for classifying hardware and technical data?
  • “Specially Designed”: The key definition to a correct classification
  • Why the “Devil is always in the details!”
  • Real-world examples of how to apply these classifications concepts
  • Mr Gary Stanley

    Mr Gary Stanley, President, Global Legal Services
    View Bio

    Mr Ed Peartree

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems
    View Bio

    10:30 Coffee/Break

    10:45 Pitfalls of ITAR Applications

  • Documenting the “Chain of Custody” in DSP-5 hardware and technical data license applications
  • When should a U.S. supplier seek a Warehouse and Distribution Agreement instead of a DSP-5 license?
  • Common mistakes in drafting ITAR Part 124 Technical Assistance Agreements and Manufacturing Licensing Agreements
  • Key elements of an ITAR § 123.9(c) Request for Reexport/Retransfer (GC Letters and submitting requests via DECCS)
  • Applying for reexport/reexport approval of U.S. Foreign Military Sales items via the U.S. Dept. of State/Office of Regional Security and Arms Transfer’s “Third Party Transfer process”
  • Mr Gary Stanley

    Mr Gary Stanley, President, Global Legal Services
    View Bio

    Mr Ed Peartree

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems
    View Bio

    11:15 Pitfalls of EAR Applications and License Exceptions

  • Documenting the “Chain of Custody” in BIS-748P commodity, software, and technology applications
  • Special requirements that may apply to EAR applications
  • Having a strategic plan for U.S. suppliers to use License Exception STA
  • What to do when you still need an authorization for a reexport or transfer (in country)
  • Mr Gary Stanley

    Mr Gary Stanley, President, Global Legal Services
    View Bio

    Mr Ed Peartree

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems
    View Bio

    11:45 The New Frontier

  • Ways to address the profusion of China military end-use/end-user controls (e.g., different purposes of BIS’ and U.S. DoD’s Communist Chinese military company lists)
  • Understand ITAR and EAR e-mail and cloud storage requirements
  • Latest screening best practices for dual/third country national employees under ITAR § 126.18 and EAR § 734.20, and new guidance for US persons employed overseas and providing defense services
  • New ITAR and EAR sanctions on Russia
  • Responding to U.S. customers’ NDAA Section 889 telecommunications/surveillance equipment and DFARS CMMC inquiries
  • Mr Gary Stanley

    Mr Gary Stanley, President, Global Legal Services
    View Bio

    Mr Ed Peartree

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems
    View Bio

    12:25 Closing Remarks and Questions

    Mr Gary Stanley

    Mr Gary Stanley, President, Global Legal Services
    View Bio

    Mr Ed Peartree

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems
    View Bio

    12:30 End of Workshop

    +

    FEATURED SPEAKERS

    Mr Ed Peartree

    Mr Ed Peartree

    Group Head of Export Controls, BAE Systems
    Mr Gary Stanley

    Mr Gary Stanley

    President, Global Legal Services

    Mr Ed Peartree

    Group Head of Export Controls, BAE Systems
    Mr Ed Peartree

    Ed serves as Group Head of Export Control at BAE Systems, plc. In this role he has overall responsibility for delivery of functional strategy and setting Company-wide standards for compliance with global trade control laws and regulations (excluding the activities of BAE Systems Inc.), as well as managing stakeholder relationships relating to export control. Prior to joining BAE Systems, Ed was Director of the Office of Defense Trade Controls Policy at the United States Department of State where he oversaw the development of regulations and policies governing the export of defense articles and services, the commodity jurisdiction and classification process, license screening and risk analysis, and the global end-use monitoring program (“Blue Lantern”) for U.S. arms exports. He also led engagement with foreign partners and allies on bilateral and multilateral defense trade matters, including U.S.-UK and U.S.-Australia Defense Trade Cooperation Treaties, and the U.S. - EU COARM dialogue. Ed began his 20 years of service within the U.S. Government as a Presidential Management Fellow and held positions as a senior advisor and manager involved in defense trade, defense policy analysis, weapons counter-proliferation, and arms control. He began his professional career as a Research Associate in Political-Military Studies at the Center for Strategic and International Studies in Washington, D.C., and also served as an analyst in the Office of Net Assessment at the U.S. Department of Defense. He is a distinguished graduate of National Defense University and holds an M.A. from George Washington University’s Elliot School of International Affairs and a B.A. from Johns Hopkins University.

    Mr Gary Stanley

    President, Global Legal Services
    Mr Gary Stanley

    Gary Stanley is the President of Global Legal Services, PC, a Washington, DC-base law firm focusing on trade compliance issues. Mr. Stanley represents, among others, numerous U.S., Canadian, and European companies on defence export control issues. He publishes the daily Defense and Export-Import Update newsletter and frequently speaks at ITAR training events around the world. Mr. Stanley has also provided export control training to multiple Canadian Government agencies and the Russian Government.

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    St James' Court

    In a country that values understatement, St. James' Court is an English classic typifying the concealed charm of one of Britain's finest hotels. With a distinguished pedigree shaped over more than a century, this discreet masterpiece offers elegant service, with an easy charm that’s reserved, yet attentive. Exceeding the expectations of today’s discerning traveller, St. James' Court is a slice of the past served up on a contemporary platter.

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    WHAT IS CPD?

    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

    ‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

    CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

    Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

    CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

    CPD AND PROFESSIONAL INSTITUTES

    There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

    For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

    CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.

    TYPICAL CPD SCHEMES AND RECORDING OF CPD (CPD points and hours)

    Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

    ‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

    ‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

    The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

    As a formal provider of CPD certified activities, SMI Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.

    GLOBAL CPD

    Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

    CPD Certificates

    We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@smi-online.co.uk

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