Complying With ITAR Requirements: Identifying Risks, Implementing Compliance Best Practices

A live 90-minute premium CLE webinar with interactive Q&A


Tuesday, February 18, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 24, 2020

or call 1-800-926-7926

This CLE webinar will provide guidance to counsel and compliance professionals in identifying compliance risks, and developing measures to protect against compliance issues, under the International Traffic in Arms Regulations (ITAR).

Description

The U.S. State Department, Directorate of Defense Trade Controls, administers the ITAR, which controls exports of defense articles, technical data, and services. Unlike U.S. export controls on commercial items, the ITAR requires a license or other authorization in virtually any export transaction. This means counsel to companies must understand whether their products are subject to ITAR. And, if so, what protections need to be in place to protect against unauthorized exports. Failure to comply with the ITAR can lead to costly civil and criminal penalties and damage to a company's reputation and commercial relationships. In the most egregious cases, exporters may even lose the authority to engage in ITAR-controlled export transactions.

Compliance issues can arise in a variety of ways, whether in the context of a merger or acquisition, a facility visit by a non-U.S. customer, or in the many other day-to-day business activities in which defense contractors routinely engage. Businesses must equip staff to spot potential issues and report them and develop processes to respond promptly and effectively.

Listen as our authoritative panel discusses critical elements of the ITAR, such as exports of technical data, the necessity of tracking activities undertaken under export authorizations, and commodity jurisdiction. The panel will also share observations on the types of situations and transactions that, in their experience, often cause compliance issues. And the panel will provide specific recommendations for compliance measures to prevent and detect ITAR violations.

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Outline

  1. Background on key ITAR provisions
    1. Registration
    2. Licensing
    3. Classification
    4. Embargoes
    5. Brokering
  2. Practical challenges
    1. Controlling exports of technology
    2. Managing business relationships with non-U.S. transaction partners
    3. Applying for licenses and agreements
    4. Recordkeeping
    5. Recent enforcement
  3. Compliance recommendations
    1. Adequate resources to ensure oversight/infrastructure
    2. Processes for tracking licensed activities
    3. Equipping personnel to spot and address issues
    4. Regular monitoring

Benefits

The panel will review these and other vital questions:

  • What are the fundamental elements of the ITAR that defense contractors and other exporters need to understand?
  • How do defense contractors and other ITAR exporters tend to get in trouble?
  • What are lessons learned from recent ITAR enforcement actions?
  • What steps should counsel or compliance professionals take when discovering red flags or ITAR violations?
  • What are the pros and cons of making a voluntary disclosure of a potential ITAR compliance issue?

Faculty

McBride-Thaddeus
Thaddeus R. McBride

Partner
Bass Berry & Sims

Mr. McBride represents companies and individuals in international trade regulatory, compliance, investigative, and...  |  Read More

Additional faculty
to be announced.

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