ACI 3rd Advanced Summit

8/13/2019 ACI 3rd Advanced Summit

1/8

Gain Invaluable Local Insights on Global Encryption Controls Requiremenand Policy Developments

April 18 19, 2012 Hilton San Francisco Airport Bayfront San Francisco,

Register Now 888-224-2480 AmericanConference.com/encryption

Earn

CLECredits

GLOBALENCRYPTIONCONTROLS

American Conference Institutes

3rdAdvanced Industry Summit on Complying with

CHINA:Working with Chinese agencies to acilitate your encryption imports

RUSSIA: Determining what is required to secure a license

ISRAEL:Complying with encryption registration and distribution requirementsto prevent penalties and license revocation

HONG KONG & MALAYSIA:Minimizing transshipment and re-export challenges

MEXICO:How new export controls wil l impact your encryption compliance strategy

INDIA:Understanding restrictions on key length and strength o encry ption

UK/IRELAND/NETHERLANDS: Interpretating the Cryptography Note and typeso required licenses

CLOUD COMPUTING:Minimizing the risks o unauthorized technology transerspresented by shared networks and collaborative platorms

INTERNATIONAL AGREEMENTS: How the Wassenaar Arrangement, rans Paci icPartnership and WO aect the import/export o your cryptography

Interactive Working Groups April 17, 2012

Group A: When andHow to Obtain an ERN, Apply License Exception ENC and Sel-ClassiA Practical Guide to What Every Export Controls Proessional Needs to Know

Group B: Employee ravel with Encryption Controlled-Items: Preventing Unauthorized Accand Setting up Internal Compliance Procedures or International ravel

Insights on Russias

Membership in the WTO:

Elizabeth Hafner

Director or Russiaand Northern EurasiaOffice of the U.S. TradeRepresentative

International Perspectives:

Alexander ZubarevInormation Security DirectorHewlett Packard(Russia)

Nora OchoaLatin America Regional radeCompliance Manager

Weatherford(Mexico)Michael MorganLabarge Weinstein (Canada)

Eric CarlsonCovington & Burling(China)

Eyal Roy SageAYR(Israel)

Anita EsslingerBryan Cave(London)

Media and Association Partners:

FullyUpdat

2012MoreFoc

InternationalRegulati

Google

Xilinx

Apple

Cisco Systems

Chevron

NetIQ

Hewlett-Packard

QLogic

Weatherford

Symantec

Ingram Micro

Practical Compliance

Strategies from:


2/8Register now: 888-224-2480 Fax: 877-927-1563 AmericanConference.com/encryption

Meet and Benchmark with In-House, Government and Private Practice

Speakers from the U.S. and Abroad.

See Why Export Professionals Attend this Unique Conference Each Year

to Learn the Latest on Global Encryption Controls.

I enjoyed the interaction among panelists and with the audience Qualcomm, Inc.

Conference organization, speaker selection and information delivered were perfect. Hitachi Data Systems (Ru

I learned a lot about the main focus areas. Dell Inc.

How this conference differs from other events: American Conference

Institutes 3rd Advanced Summit on Global Encryption Controls is an

industry-led program that wil l provide an optimal benchmarking opportunity

or companies on how to reduce new, complex and emerging compliance risks

worldwide. Dont miss this opportunity to obtain critical inormation that is

not available in print or on the web.Network and learn rom export counsel

and compliance oicers experienced in navigating foreign encryption

control regulations,in key jurisdictions, including China, Asia andEurope.

Countries such as China, Russia, India, France, Ireland, the UK and Canada

are all developing comprehensive laws on the import and export o encryption

items requiring speciic licenses or authorizations to import, use and export

items with encryption technology.

he Wassenaar Arrangement and other international agreements such

as the Trans Pacific Partnership,are becoming more inluential as countries

seek to work together on developing a comprehensive set o encryption

regulations. Knowing each countrys specific laws is essential for companies

that do business on a global scale.

As the global landscape is changing dramatically each year, exportcompliance proessionals must understand both oreign and U.S. encryption

regulations. More and more, companies are using encryption items to

protect the integrity o their inormation. In addition, more employees are

traveling internationally, bringing up the chal lenge o remaining compliant

with import laws as they enter each country.

he need or a comprehensive compliance program that incorporates all

regulations and policy developments is necessary to prevent severe monetary

fines, loss of import/export privileges and criminal penalties.

Key topics will include:

How international agreementsaect the import and export

o cryptography

Obtaining export permits from the SEMBinChina

Preventing steep ines or export violations in Malaysia and Hong K

How to handle technology transfers through cloud computing

without violating encryption regulat ions around the globe

Russias recent joining of the WTO,the U.S.-Russia 2006 Bilateral

Agreement and what this means or your export compliance progra

How to use Ireland and the Netherlandsas key sotware and hardw

EU distribution centers

Complying with Israeli encryption registrationand distribution

requirements to prevent strict penalties and l icense revocation

Complying with Canadianand Mexicanexport controls to prevent

business losses and delays

Also, benefit from i nteractive pre-summit working groups:

April 17, 2012

Group A: When and How to Obtain an ERN, Apply License Excep

ENC, and Sel-Classiy: A Practical Guide to What Every Export Con

Proessional Needs to Know

Group B:Employee ravel with Encryption Controlled-Items: Preven

Unauthorized Access and Setting up Internal Compliance Procedures

International ravel

Reserve your seat early by calling 1-888-224-2480, axing your registra

to1-877-927-1563 or registering online at:

www.americanconference.com/encryption

Vice Presidents, Directors and Managers of : Export and Import Compliance

Export Administration

Export and Import Controls

IT Security

Export Policy

Export Licensing

International Trade Compliance

Government Affairs

Corporate Counsel Import and Export Compliance

International Trade Counsel

Trade and Regulatory Counsel

Private practice attorneys and consultants practicing in: Export controls

International trade

Corporate Compliance and Governance

E-commerce

Chief Technology Officers Engineers

A Must-Attend Event For



MAIN CONFERENCE DAY 1

Wednesday, April 18, 2012

8:00 Registration Opens

9:00 Opening Remarks by Conference Co-Chairs

9:15 How International Agreements Affect theImport & Export of Cryptography: Wassenaar

Arrangement, Trans Pacific Partnership

and the WTO

10:30 Networking Coffee Break

10:45 CHINA:Overcoming Import and ExportChallenges Posed by Your Encryption-Related

Items and Technology

11:45 INDIA:Incorporating Emerging EncryptionCompliance Risks and Business Development

Opportunities into Your Global Export Program

12:45 Networking Lunch

2:00 HONG KONG & MALAYSIA:MinimizingTransshipment and Re-Exports Challenges

2:45 Refreshment Break

3:15 CLOUD COMPUTING: Reducing ComplianceRisks Posed by Shared Networks and

Collaborative Platforms

4:30 CANADA: Complying with Complex EncryptionRegulations to Prevent Business Losses, Delays

and Reduced Competitiveness

5:15 End of Day 1

MAIN CONFERENCE DAY 2

Thursday, April 19, 2012

9:00 Conference Co-Chairs Opening Remarks

9:05 U.S. Encryption Policy Update:Status Report on Current and Pending EAR,

ITAR and OFAC Reforms

9:35 Russias Membership in the WTO and theU.S.- Russia 2006 Bilateral Agreement:

The Latest on Russia Encryption Compliance

Expectations and Inter-Agency Cooperation

10:05 Coffee Break

10:20 CUSTOMS UNION OF RUSSIA, KAZAKHSTA& BELARUS:Satisfying Complex EncryptionImport Licensing Requirements

11:30 NETHERLANDS & IRELANDas Key Softwareand Hardware Distribution Centers: Overcomin

Clearance, Re-Export and Tax Implications

12:30 Networking Lunch

1:45 ISRAEL: Complying with Encryption Registratioand Distribution Requirements to Prevent Stric

Penalties and License Revocation

2:45 Networking Break

3:00 MEXICO: Managing the Practical Impactof New Export Controls on your Encryption

Compliance Strategy

4:00 Lessons Learned for Updating Your GlobalEncryption Compliance Program

Email questions to [email protected]

5:00 End of Summit

AGENDA AT-A-GLANCE

Group A: 9:00am 12:30pm

When and How to Obtain an ERN, ApplyLicense Exception ENC and Self-Classify:A Practical Guide to What Every ExportControls Professional Needs to Know

Group B: 1:30pm 5:00pm

Employee Travel with Encryption ControlleItems: Preventing Unauthorized Access anSetting up Internal Compliance Proceduresfor International Travel

INTERACTIVE WORKING GROUPS Tuesday, April 17, 2012



Working Group A9:00am 12:30pm

When and How to Obtain an ERN, Apply

License Exception ENC, and Self-Classify:A Practical Guide to What Every Export

Controls Professional Needs to Know

Steve BirdExport Compliance ManagerCisco Systems, Inc. (San Jose, CA)

Karla HaynesExport/Import Compliance AttorneyChevron Corporation (San Ramon, CA)

Export compliance proessionals in the high tech, oil& gas, nance, deense and health care industries ace

daunting compliance challenges impacting the exporto encryption-controlled items. Benet rom strategic,proven-effective licensing and compliance strategies atthis highly in-depth, practical working group. Understandwhen to sel-classiy v. seek a government review, utilizeexception ENC to expedite exports, and know when andhow to obtain an ERN rom a manuacturer.

Topics include:

What is an ERN and how do you obtain oneWhat is SNAP-R and how do you use itHow to determine i an item is 740.17 (b)(2), (b)(3),or (b)(1) under the new product descriptionsWhen to update your company registration and

whether to rely on a manuacturers sel-classicationand registrationHow do you sel-classiy an item or determine i anitem is subject to controls under 740.17When is sel-classication permitted and what productinormation is suffi cientReview o items with weak encryption and authenticationWhen and how to prepare a Supplement No. 8 report

Working Group B1:30pm 5:00pm

Employee Travel with Encryption

Controlled-Items: Preventing UnauthorizedAccess and Setting up Internal Compliance

Procedures for International Travel

Dr. Alexander ZubarevInormation Security DirectorHewlett-Packard (Moscow, Russia)

Darie Achstein-ConwayGlobal rade and Compliance ManagerQLogic Corporation (Orange County, CA)

Melissa DuffyAttorney

Hughes Hubbard & Reed LLP (Washington, DC)Which export/import regulations do you need comply with when you are traveling abroad withencrypted Blackberry or laptop? What are some bpractices or providing clean machines? What are sologistical challenges that multi-national companies when conducting business around the world?

Tis interactive working group is designed to provspecic examples o what you should do when travewith encryption items outside the U.S. Please bring yquestions to this session, as ample time will be usedaddress common challenges aced by industry.

opics will include:Complying with section 734.2 (b)(9), 740.17 (a)(2),and 740.9(a) (temporary exports)Determining what type o license is required ora oreign nationalDealing with oreign import and re-export controlson encrypted items transported by employeesWhat is the proper procedure or carrying a productor technical data out o the U.S.Working with HR and other affected departmentsto assess risks o unauthorized accessracking employee transers to a new location andsuccession planning: Ensuring EAR compliance when

assigning employees to new projects and rolesProtecting technical data on laptops or employee traWhen emails should be encrypted

PRE-CONFERENCE WORKING GROUPSTuesday, April 17, 2012

Accreditation will be sought in those jurisdictions requested by theregistrants which have continuing education requirements. Tis courseis identied as nontransitional or the purposes o CLE accreditation.

ACI certies that the activity has been approved or CLE credit by theNew York State Continuing Legal Edu cation Board in t he amount o 8.5 hours.An additional 4.0 credit hours will apply to each workshop participation.

ACI certies that this activity has been approved or CLE credit by the State Baro Caliornia in the amount o 11.0 hours. An additional 3.5 credit hours willapply to each workshop participation.

You are required to bring your state ba r number to complete the appropriatestate orms during the conerence. CLE credits are processed in 4-8 weeks afa conerence is held.

ACI has a dedicated team which processes requests or state approval. Pleasenote that event accreditation varies by state and ACI will make every effortto process your request.

Questions about CLE credits or your state? Visit our online CLE Help Centat www.americanconerence.com/CLE

CLECredits

Continuing Legal Education Credits



DAY 1 Wednesday, April 18, 2012

8:00 Registration Opens

9:00 Opening Remarks by Conference Co-Chairs

Steve BirdExport Compliance ManagerCisco Systems (San Jose, CA)

Roszel C. Tomsen, IIIPartnerTomsen & Burke LLP (Baltimore, MD)Co-Chair, Encryption Working Group,Bureau of Industry and Securitys InformationSystems Technical Advisory Committee

9:15 How International Agreements Affect

the Import and Export of Cryptography:

Wassenaar Arrangement, Trans Pacific

Partnership and the WTO

Michael F. AngeloSenior Architect , Offi ce o the CONetIQ Corporation (Houston, X)Co-Chair, Encryption Working Group, Bureau of Industryand Securitys Information Systems Technical AdvisoryCommittee

Elizabeth HafnerDirector or Russia and Northern EurasiaOffi ce o the U.S. rade Representative (Washington, DC)

Danielle KrizDirector, Global Cybersecurity PolicyInormation echnology Industry Council(Washington, DC)

Join our panelists or an in-depth discussion on thetransorming global landscape o encryption controls,and the key policies and agreements that are impactingyour compliance strategies. Each panelist brings uniqueexperience, having been personally involved in theprocess and negotiations that are helping to shape thisnew global encryption controls environment.


10:45 CHINA: Overcoming Import and ExportChallenges Posed by Your Encryption-Related

Items and Technology

Joseph KimDirector, Global rade ComplianceXilinx (San Jose, CA)

Eric CarlsonCovington & Burling LLP (Beijing, China)

Working with Chinese agencies to aci litateyour importsIdentiying when a CCAS is required

MOFCOM

General Administration o CustomsMinistry o Foreign AffairsSEMB

Obtaining export permits rom the State EncryptioManagement Bureau (SEMB)Understanding Chinas export control regime,MOFCOM administration, and Foreign rade LawPreventing product conscation, oreiture o illegaincome, and criminal prosecution

11:45 INDIA:Incorporating Emerging EncryptionCompliance Risks and Business Developme

Opportunities into Your Global Export Program

Dr. Kamlesh BajajChie Executive Offi cerData Security Council o India (DSCI) (New Delhi, Ind

Roszel C. Tomsen, IIIPartnerTomsen & Burke LLP (Baltimore, MD)

Joel M. Margolis

Director, Policy AdvocacyU.S.-India Business Council (Washington, DC)

Working with the Department o Inormationechnology, Ministry o Communications andInormation echnology to help acilitate entryo your encrypted products into IndiaRestrictions on key length and strength o encryptiStatus o regulations on importing encryptedhardware and security implications o encryption-related items coming in countryImplementation o requirements on telecomcompanies to provide source codeReview o key policy developments affecting your

compliance status

12:45 Networking Luncheon for Attendees

and Speakers

2:00 HONG KONG & MALAYSIA:MinimizingTransshipment and Re-Exports Challenges

Darie Achstein-ConwayGlobal rade and Compliance ManagerQLogic Corporation (Orange County, CA)

Complying with permit requirements and useo permit exceptions

Impact o the Strategic Trade Act (STA) Regulationsof 2010Addressing re-export concerns when sendingproducts into China through Hong KongObtaining permits in Malaysia, including: singleuse, multiple use, bulk or specialApplying applicable exceptions to permitrequirements in MalaysiaPreventing severe penalties or export violations,including steep nes and imprisonmentOperating within the new vetting process or movingencrypted goods


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With more than 500 conerences in the United States, Europe, Asia Pacic,and Latin America, American Conference Institute (ACI) provides a diverseportolio devoted to providing business intelligence to senior decision makers whoneed to respond to challenges spanning various industries in the US and aroundthe world.

As a member o our sponsorship aculty, your organization will be deemed asa partner. We will work closely with your organization to create the perectbusiness development solution catered exclusively to the needs o your practicegroup, business line or corporation.

For more inormation about this program or our global portolio o events,please contact:

Wendy ylerHead o Sales, American Conerence Instituteel: 212-352-3220 x5242 | Fax: [email protected]

Global Sponsorship Opportunities

Register now: 888-224-2480 Fax: 877-927-1563 AmericanConference.com/encryption


3:15 CLOUD COMPUTING:ReducingCompliance Risks Posed by Shared

Networks and Collaborative Platforms

Ramakrishna DasariProduct & echnology Classication ManagerApple Inc. (Cupertino, CA)

Neil Martinrade Compliance ManagerGoogle (Mountain View, CA)

Te challenge o nding a common denitionor cloud computing and why vocabulary mattersHow to identiy the agencies that regulate yourcloud computing products and servicesHow to dissect cloud computing services andassess your regulatory obligations or each aceto the productBest practices or compliance, such as implementingIP lters and restricted-party screening

4:30 CANADA:Complying with ComplexEncryption Regulations to Prevent Business

Losses, Delays and Reduced Competitiveness

Michael MorganPartnerLabarge Weinstein (Ottawa, Canada)

Obtaining necessary permits with the rade Controls& echnical Barriers Bureau (CBB)Impact o the October 2010 Export Controls Divisiono Foreign Affairs and International rade Canada(ECD) policies on permits or export or transer o

inormation security goods, sofware and technologyEstabl ishing an effi cient and comprehensivecompliance plan to ensure export and transero controlled goods and technologyObtaining different Canadian permits including:Multi-destination, broad based, co-development,and regime decontrol permits

5:15 End of Day 1

DAY 2 Thursday, April 19, 2012

9:00 Conference Co-Chairs Opening Remarks

9:05 U.S. Encryption Policy Update:

Status Report on Current and Pending

EAR, ITAR and OFAC Reforms

Daniel M. Fisher-Owens

PartnerBerliner, Corcoran & Rowe LLP (San Francisco, CA)

State o play or ERN ling and sel-classicationreportingImpact o potential restructuring on category 13o the USML: Commercial v. military encryptionU.S. perspective on potential Wassenaar reormsto Category 5, Part 2How the changes to OFAC general license orpersonal communications/ web browsers hasimpacted export operations

9:35 RUSSIAs Membership in the WTO andthe U.S.- Russia 2006 Bilateral AgreemenThe Latest on Russia Encryption Complian

Expectations and Inter-Agency Cooperatio

Elizabeth HafnerDirector or Russia and Northern EurasiaOffi ce o the U.S. rade Representative (Washington, D

Betsy Haner will provide strategic insight on the curRussian import and export requirements or encrypitems. Hear the latest on how these recent developmeimpact your export program and what to watch outin 2012 rom the FSB in Russia.


10:20 CUSTOMS UNION OF RUSSIA,KAZAKHSTAN & BELARUS:SatisfyingComplex Encryption Import Licensing

Requirements

Dr. Alexander ZubarevInormation Security DirectorHewlett-Packard (Moscow, Russia)

Lynn WallaceManager, rade Compliance

Symantec Corporation (Mountain View, CA)Michael . GershbergO CounselSteptoe & Johnson LLP (Washington, DC)

What is required to secure a licenseDetermining what proprietary inormation is protecand increasing your communication with the FSBFSBs denition o strong encryptionComplying with requirements or bulk productswith identical encryption parametersReconciling US encryption export rules with Russiimport licensing requirements


7/8

he speakers are great! Huawei Symantec

Did a good job at obtaining local speakers Goo

Very informative forum and excellent networking Exxon M

American Conference Institute, 20

Whether mass market items quali y or noticationrequirementsManaging the effect o the new rule on mobile devicesNew initiatives on simplication o import o productswith cryptography in the CU countries

11:30 NETHERLANDS & IRELAND as KeySoftware and Hardware Distribution Centers:

Overcoming Clearance, Re-Export and

Tax Implications

Anita C. EsslingerPartnerBryan Cave LLP (London, England)

Daniel MinutilloPartnerDCM, A Proessional Law Corporation(San Francisco, CA)

Understanding where the exporter is establishedand knowing which export control authorityis the regulator

Comparing EU/UK/Irish export encryption controls Comparison to CCL and the absence o 992and EAR99 on the EU Dual-Use ListUnderstanding what licenses are availablein the UK and IrelandWorking with Customs to declare and clearyour goods in the NetherlandsWorking within the Irish export control systemor exporting US-origin goodsKey regulatory differences or EU distribution throughIreland vs. UK: Hardware v. sofware distribution

12:30 Luncheon for Attendees and Speakers

1:45 ISRAEL:Complying with EncryptionRegistration and Distribution Requirements

to Prevent Strict Penalties and License

Revocation

Ramakrishna DasariProduct & echnology Classication ManagerApple Inc. (Cupertino, CA)

Eyal Roy SagePartnerAmar Reiter Jeanne Sage Cohen & Co. (el Aviv, Israel)

How to distribute, register and notiy the IsraeliGovernment o your encryption products cominginto the countryWorking with Israels Ministry o Deense (MOD)to ensure complianceHow Israels I and cryptography industry t intotheir national security rameworkWorking with the Director-General to acilitatethe granting o encryption licensesObtaining special, restricted and general uselicenses, and dening ree meansHow to prepare a successul license application,and license renewals


3:00 MEXICO: Managing the Practical Impactof New Export Controls on your Encryption

Compliance Strategy

Martin HagermanPartnerHagerman Abogados (Mexico City, Mexico)

Nora OchoaLatin America Regional rade Compliance ManagerWeatherord (Mexico City, Mexico)

Review o the new Mexican export control regulatioand when they go into effectScope o controlled products, and restriction on settinup a new entity in MexicoWhen and how to le an end-user statementWhen to le a license per sales order or a blanket licenDetermining which exemptions are available or youencryption itemsWhen would you be subject to the regulations

as a multinational corporation, and what triggerscompliance requirements

4:00 A Round-Up of Encryption Controls Complian

Best Practices: Lessons Learned for Updating

Your Global Encryption Compliance Program

Led by:

Steve BirdExport Compliance ManagerCisco Systems (San Jose, CA)

Linda Gamaunt

Senior Export AnalystIngram Micro Inc. (Santa Ana, CA)

At this unique panel, you will hear directly roindustry experts on their experiences and challengto implementing and monitoring a global encrypticompliance program. Learn key lessons on how to bleconicting U.S. and oreign requirements, and prepare increased global encryption regulation and enorcemeTis interactive discussion will have ample time or Q &so please submit questions beore the Summit!

Email questions [email protected].

5:00 End of Summit

Register now: 888-224-2480 Fax: 877-927-1563 AmericanConference.com/encryption

Benchmarkingand

ComplianceStrategy

Panel


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GLOBALENCRYPTIONCONTROLS

American Conference Institutes

3rdAdvanced Industry Summit on Complying with

Google

Xilinx

Apple

Cisco Systems

Chevron

NetIQ

Hewlett-Packar

QLogic

Weatherford

Symantec

Ingram Micro

Practical Compliance Strategie

from:

ACI 3rd Advanced Summit

Documents

Transcript of ACI 3rd Advanced Summit