Non-US - BOTH: US Defense Trade Controls & US Commercial Export Controls e-Seminar for Non-US Companies

Scott Gearity, President - ECTI, Inc.
Scott Gearity brings nearly 20 years of consulting, training, and corporate export compliance program management experience to bear for his clients.

Mr. Gearity has substantial experience in military, dual-use, and commercial export controls. His clients have ranged in size from small start-ups to some of the world’s largest companies, with a particular focus on the information technology, telecommunications, networking, and software industries.

Mr. Gearity joined ECTI from Microsoft Corporation, where he was based in Ireland and managed the company’s export compliance program for Europe, the Middle East, and Africa. He continues to advise many non-US companies affected by US export controls.

Mr. Gearity holds a Bachelor of Arts degree in international studies and economics from American University. He is a licensed US customs broker.

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Duration: 14 hours

ITAR US Defense Trade Controls e-Seminar Modules (for Non-US Companies)

ITAR Overview

• Control Concepts
• Controlled Activities
• United States Munitions List
• Directorate of Defense Trade Controls
• Reexports and Transfers
• US Defense Articles
• Technical Data
• Defense Services
• Prohibited Countries and Nationals
• Enforcement

ITAR Approvals

• Licenses
• Agreements
  -TAA's, MLA's and DA's
  -Licensees and Sublicensees
  -Dual and Third Country Nationals
  -NDA Requirements
• Supporting US Licensing Efforts
  -License Support Documents
  -Information to Provide US Partners

ITAR License Free Activities

• NATO Exemption
• Public Domain and Basic Marketing Information

ITAR License Free Activities

• NATO Exemption
• Public Domain and Basic Marketing Information

Brokering

• Extra-Territorial Application
• Brokering Registration
• Prior Approvals
• Reporting

Political, Contributions Fees and Commissions

Returning Defense Articles to the US

• Temporary Import Licenses
• Temporary Import Exemption
• Notifying US Partners of Shipments

ITAR Ramifications on Non-US Business

• Defense Articles Restrictions
• Retransfer Approval Requirements
• Technical Data Controls
• Control Procedures

Compliance Programs

EAR/OFAC Commercial & Military Export Controls & Embargoes e-Seminar Modules (for Non-US Companies)

Introduction to US Commercial Export Controls

• Key Control Concepts
• Comparison to International Controls
• Export Administration Regulations
• Bureau of Industry and Security

Items and Persons Subject to US Jurisdiction

• Controls on "US Persons"
• Controls on US Origin Hardware, Software and Technical Data
• Controls on Non-US Manufactured Items Containing US Origin Content
• US De Minimis Content Calculation

Export Classification and Export Determination

• ECCN Classification
• "No License Required" Determination
• License Exception Determination
• Red Flag, Denied Party and Proliferation Screening
• New China Military Catch All Rule
• License Requirements

US Embargo and EAR Special Country Controls

• Office of Foreign Assets Controls (OFAC)
• OFAC Comprehensive Embargoed Countries: Iran, Sudan and Cuba
• OFAC Licensing and Approval Policy
• EAR Special Country Controls: Syria, North Korea
• Control Status of Libya, Iraq and Palestine
• Specially Designated Nationals

EAR Antiboycott Regulations

• Introduction
• Relationship to Arab League Boycott on Israel and other Boycotts
• Applicability to Transactions Outside the US
• Prohibitions and Exceptions
• Reporting Requirements

Export Control Reform

• List Shifts: Military Items Changing from ITAR to EAR Jurisdiction
• New 600-Series ECCNs
• New "Specially Designed" Definition (EAR & ITAR)
• Handling Existing Licenses & Approvals
• Transitioning to New Rules

Export Enforcement

• How US Rules are Enforced Outside the US
• Corporate and Personal Fines and Penalties
• Enforcement Case Studies
• Preventing Violations

Compliance Programs

• Considerations for Developing a Corporate Export Compliance Program
• Types of Procedural Approaches
• US Government Compliance Program Recommendations

Technical Data Considerations

• Controls on Physical and Intangible Data
• Deemed Exports and Reexports
• Third Country National Considerations
• Emailed Data, Server Access and Downloads

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