Commanding Grey Areas in ''Deemed Exports and Re-Exports'' and Transfers of Know- How

Why Should you Attend:

Conducting business on a global scale requires a strategy that is dynamic and capable of managing risk and the diverse challenges of international trade. The US “Deemed Export” rules require companies and their foreign licenses, to perform significant due diligence regarding the nationality of employees working with products and/or on programs requiring a license from BIS or the DDTC. In addition to administrative burdens and barriers to trade, the rule required fundamentally different treatment of dual nationals of two foreign countries as compared to dual nationals of the U.S. and another country. Understanding how to manage these restrictions requires strong best practices.

This webinar explores the challenges facing multinational corporations when establishing best practices for managing “Deemed Exports”. This session will provide your organization with a regulatory overview of US “Deemed Exports” regulations and will provide guidance on establishing best practices for managing these controls. This session will focus primarily on the Department of Commerce, Bureau of Industry & Security Export Administration Control Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).

Areas Covered in the Webinar:

• What are the US “deemed export and re-export” rules?
• What type of know-how is included for the purposes of a "deemed export or re-export"?
• Key “de minimus” thresholds for the application of the rules
• Considering nationality of workers and data privacy conflicts
• Putting together a “Deemed Export” program

Who Will Benefit:

• Global Trade Compliance Professionals
• Inside Counsel
• Human Resources
• Security / Facilities Management
• International Customer Service
• Sales & Marketing
• Freight Forwarders who have export responsibility

Instructor profile:

Suzanne Bullitt, is the Trade Compliance Director - Americas and EMEA for Invensys plc of Foxboro, Massachusetts. Ms. Bullitt is an accomplished Trade Compliance professional with over 19 years experience in import and export compliance and logistics. She has extensive experience providing regulatory interpretation and guidance in compliance matters related to export controls and sanctions administered by the Commerce Department’s Bureau of Industry and Security (BIS), the U.S. State Department’s Directorate of Defense Trade Controls (DDTC), and the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Department of Energy (DOE). Ms. Bullitt has a Masters in Government from Harvard University and holds a CUSECO® certification from the International Import-Export Institute at Dunlap-Stone University. She recently completed her CCEP® certification with the Society of Corporate Compliance and Ethics Professionals.

Topic background:

To thoroughly command “Deemed Export and Re-export” control requirements employers must understand that even the slightest exposure of licensable technology or information by a company to any foreign national can trigger the deemed export rule and cause the company to violate U.S. export regulations. Such a release could cause criminal and civil penalties as well as imprisonment for employees involved in the violation.

The “Deemed Export” rule constitutes the release of controlled technology and/or information to a non-U.S. person regardless of where the export takes place. A non-U.S. person can be a foreign national, a foreign government entity, a foreign company, a foreign military, or anyone who is not legally considered a U.S person under the terms of the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Once technology is released to the foreign national, the U.S. government considers it “deemed” to be an export to the individual’s home country.

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