US - ITAR Defense Trade Controls e-Seminar

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: 9 hours

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

Introduction to Defense Trade Controls

• Key Governing Agencies
• ITAR Compliance Resources

What Does the ITAR Control?

• ITAR Controlled Activities
• Release to Foreign Persons
• Defense Service Issues
• Easy To Forget Licensable Transactions

Jurisdiction: What is a "Defense Article"?

• Jurisdiction:  EAR vs. ITAR
• The New US Munitions List
• How to Read New USML Categories
• ITAR "Specially Designed" Definition & Implications
• Special Classification Issues
• Commodity Jurisdiction Determinations

Registration and Empowered Official Issues

• How to Register with the DDTC
• Registration-Related Issues
• Considerations for Designating "Empowered Officials"

ITAR Special Restrictions

• Prohibited Countries
• Prohibited /Ineligible Parties
• SME "Significant Military Equipment"
• Highly Restricted Items
• Congressional Notification Issues
• Red Flags

ITAR License Exemptions

• What are Exemptions?
• Excluded Items & Countries
• Important ITAR 123-16 Exemptions
• The Canadian Exemptions
• UK & Australia Exemptions
• Foreign Military Sales (FMS) Exemption

ITAR Licenses

• Licenses vs. Agreements
• The Art of the License Application
• D-trade
• DSP-5 Applications
• Foreign Person Employee License
• Marketing Licenses

ITAR Agreements

• MLAs / TAAs / Warehouse & Distribution Agreements
• Agreement Application
• Agreement Guidelines
• Drafting the Technical Scope for Agreements
• Dual/Third Country National Employees
• Sublicenses
• Government Review Process & Checking License Status
• DDTC Authorizations Options Across Proram Phases

ITAR Administration, Documents & Shipping

• Shipping & Export Documentation
• Freight Forwarders & Customs Brokers
• Temporary Licenses
• AES
  -Filing Electronic Export Information (EEI)
  -Wait Times & AES Responses
• Schedule B & HTS Classification
• Certification Requirements
• Reporting Requirements
• Amendments

Special ITAR Issues

• Brokering:  Requirements, Registration, Prior Approval & Reporting
• Political Contributions, Fees & Commissions
• Foreign Corrupt Practices Act

Technical Data

• Definition of Technical Data
• Exclusion for Basic Marketing Information
• Exclusion for General System Description
• Public Domain Issues
• Exemptions

ITAR Internal Control Programs

• Building an Effective Compliance Program
• Licensing vs. Compliance
• Who is Responsible?
• Written Programs & Procedures
• Record Keeping Requirements
• Hand Carried Shipments
• Customizing Procedures to Match Your Situation
• Special Issues for Tech Data & Software

ITAR Enforcement

• Enforcing Agencies: US Customs & Border Protection
• Enforcement Methods, Fines & Penalties
• What Constitutes an ITAR Violation?
• Personal Liability for Civil Penalties
• Responding to Subpoenas & Investigations
• If You Find a Violation...
• Voluntary Self-Disclosure Considerations
• Case Studies: Recent Enforcement & Audit Actions

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