Massachusetts Export Center


Archived Webinars
 

online trainingEveryone is welcome to view our webinars. Webinars are listed in reverse chronological order of live date (most recent webinars are listed first). Unless otherwise note, webinars are available at no charge, but registration is required.

We publish the original broadcast date for all of our webinars to help our listeners to determine whether the information will be helpful. Keep in mind that rules and regulations in global trade change frequently and that the value of information provided through our webinars will diminish over time. Due to the time-sensitive nature of some of our webinars, the Massachusetts Export Center and MSBDC make no warranty—express or implied—of the usefulness or accuracy of the information presented through our webinar archives.

Please Note: The registration and payment systems are not connected; therefore, it may take up to two business days after we receive your payment for you to receive the webinar link. In most cases, the link will be emailed sooner. Please add noreply@qemailserver.com to your approved senders list so you receive the email with instructions. After you make your payment, please click here to send an email let us know that you have paid.
 

Important Instructions for Compliance Alliance Members: Webinars offered at no charge for Compliance Alliance members must be accessed via the members-only section of the Compliance Alliance website by logging in with your user name and password. By doing so, you will automatically receive a webinar link via email with no waiting time. Add noreply@qemailserver.com to your approved senders list so you receive the link. Click here to login to the Compliance Alliance website.

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Webinars are listed in reverse chronological order of live date (the most recent webinars listed first).

    
2021

Your Path to Growth in Life Sciences: Leveraging Resources & Avoiding Pitfalls

In a state offering world-renowned universities and research hospitals, it is no surprise that Massachusetts is a global leader in the life sciences industry, boasting one of the world's largest life sciences clusters attracting companies from around the world. Many businesses emerge from the scientific advancements developed in partnership with these institutions, but what assistance is available to help these businesses grow, both domestically and internationally? What types of funding are available and how can they be secured? What do business owners need to know when developing their workforce?  

Join us to learn about resources for growing your business while mitigating costly risk. Learn about determining financial viability, obtaining financing, and grant opportunities. Additional topics include controls on foreign access to U.S. technology with regard to hiring and investment, and diversifying into foreign markets. 

An introduction will be provided by Alexander Margulis, COO of the Mansfield Bio-Incubator. Speakers include:  

  • Jill Beresford, Senior Business Advisor — Massachusetts Small Business Development Center (MSBDC) Network
  • Kathleen Newell, Trade Compliance Manager — Massachusetts Export Center, MSBDC Network

Date: June 17, 2021
Duration: 1 hour

Trends in U.S. Export Controls for the Electronics and Semiconductor Sector in Greater China

The past several years have witnessed steadily tightening U.S. export controls for the electronics and semiconductor sector, particularly as they relate to U.S. firms doing business in and with China. Increased use of the Entity List to sanction leading Chinese companies such as ZTE and Huawei, and major changes to the Foreign Produced Direct Product Rule to choke off supply of foreign-produced products and technology destined for Huawei, are just a couple of examples of these tightening controls. And the changes keep coming in 2021, with the addition of more major Chinese players, such as SMIC and Xiaomi, and several smaller industry players, to restricted party lists.

This webinar will provide insight into the U.S. export regulatory landscape for electronics and semiconductor firms doing business in and with China. The webinar will provide the latest on sanctioned parties, trends on regulatory tools used to impose sanctions, the impact of changes to the Foreign Produced Direct Product Rule, licensing trends and requirements for Huawei and other sanctioned parties, military end use restrictions, due diligence best practices for companies operating in the sector, and more. Join us to gain insight on compliance risk mitigation strategies for doing business in this complex, high-stakes and dynamic environment.

Speaker:

  • Daniel Fisher-Owens, Partner — Berliner Corcoran & Rowe LLP [bio]

Live Date: June 11, 2021
Duration:
1.5 hours  
Cost: $25 / no charge for Compliance Alliance members

Global Trade Shipping Update: Trends in Inbound, Outbound and Global Air & Ocean Cargo

We are a year into the COVID-19 pandemic, and delays continue to plague companies engaged in global trade, resulting in crippling congestion at ports worldwide. The pandemic has created a shortage of workers and a glut of inbound cargo caused by increased consumer demand. Additionally, fallout from the recent blockage of the Suez Canal is expected to cause further global shipping delays in the weeks and months ahead. These supply chain disruptions have caused frustration and have been costly as businesses are waiting longer for supplies and paying higher prices for workarounds to receive and deliver their goods. And the impacts of inbound delays have trickled down, resulting in reduced capacity and increased delays on outbound cargo as well.  

Join us to hear from industry experts who will provide an update on global shipping, discussing the trends in inbound, outbound and global air & ocean cargo, as well as mitigation tips for managing delays and supply chain disruption.  

Speakers:  

  • Kristen Morneau, Senior Advisor — Mohawk Global
  • Rich Roche, Vice President, International Transportation — Mohawk Global [bio]

Live Date: May 13, 2021  
Duration: 1.5 hours 

Biden on Trade: The First 100 Days and Beyond

If there is one thing that U.S. businesses have learned in recent years, it is that the Executive Branch can wield extraordinary power to implement sweeping changes in trade policy. As we approach the 100-day mark of the Biden Administration, certain indicators, such as key trade appointments, development of a trade policy agenda and official statements are all helping us to better understand the outlook for international trade in the coming years.

Join us for this webinar, which will discuss possible upcoming shifts in trade policy, as well as continued implementation of trade-related legislation and the outlook for reauthorization of Trade Promotion Authority later in 2021. Specifically, the webinar will assess the future of export controls, economic sanctions, free trade policy, tariff and Customs policy, regulatory enforcement and more.

The webinar will also address issues such ongoing trade negotiations with China, the ebb and flow of the U.S. relationship with our key global trade allies, and the outlook for the U.S. to re-enter the Joint Comprehensive Plan of Action (JCPOA) and the possible impact on sanctions. Join us to hear from trade policy experts who will provide practical guidance on preparing global business operations for the future.

Speakers:

  • Nicole Bivens Collinson, President, International Trade & Government Relations — Sandler Travis & Rosenberg, P.A. [bio]
  • Paula Connelly, Member — Sandler Travis & Rosenberg, P.A. [bio]
  • Kristine Pirnia, Member, Export Controls and Sanctions Practice Leader — Sandler Travis & Rosenberg, P.A. [bio]

Live Date: May 7, 2021
Duration: 1.5 hours

Using a Risk-Based Approach to Build Your Export Compliance Program

Any company that is serious about exporting needs a formal export compliance program in place. Export compliance programs demonstrate a company’s commitment to compliance and outline specific policies and procedures to ensure compliance, taking into account the company’s entire global organization, specific products and technologies, international business activities and more. Developing and managing a truly functional and adaptable export compliance program can be an overwhelming and challenging task for many businesses, however.

This webinar will provide practical guidance on using a risk-based approach to building your export compliance program. Learn how to address your unique global trade compliance risks while simplifying implementation and maximizing team adoption of your program.

The webinar will cover: elements of an export compliance program; risk assessment export compliance team building; integration of export compliance operations; and other critical elements for an effective export compliance program. The webinar will also touch upon assessing the effectiveness of export compliance, operations, auditing, and maintaining a dynamic compliance program that keeps pace with organizational and regulatory changes.

Speakers:

  • Thomas Andrukonis, Senior Director, Export Controls & Sanctions — FTI Consulting, Inc. [bio]
  • Eric Rudolph, Senior Director, Export Controls & Sanctions — FTI  Consulting, Inc. [bio]

Live Date: April 29, 2021  
Duration: 1.5 hours  

Restricted Party List Trends & Best Practices

Screening is a seemingly simple yet utterly complex task for many exporters. And if screening wasn’t already challenging enough, in recent years, the U.S. government has dramatically increased its use of restricted party lists as a go-to tool for national security and trade dispute purposes. These actions have resulted in a proliferation of restricted parties strewn across multiple lists administered by different government agencies, each with its own rules for compliance.

This webinar will review each of the various restricted party lists, including guidelines for compliance and implications for licensing. The webinar will also review recent trends with the different lists, such as the dramatically increased use of the Entity List, newly-published military end user lists, increased use of the DOD 1237 list, and more, along with best practices for screening and due diligence in this complex and dynamic environment.

Speakers:

  • Luciano Racco, Counsel & Co-Chair, Trade Sanctions & Export Controls Practice — Foley Hoag LLP [bio]
  • Shrutih Tewarie, Partner & Deputy Chair, Trade Sanctions & Export Controls Practice — Foley Hoag LLP [bio]

Live Date: April 9, 2021
Duration: 1.5 hours

2020

3-Part Series: Global Marketing and Sales Series:  Information You Need to Market in a Global Pandemic

The pandemic has caused massive disruption in our ability to meet with international customers, drive new leads, close new business and even provide good customer service and support to existing customers. Trade shows have been cancelled. Customer visits aren’t possible. How can you maintain a vibrant, active international presence and drive business when you can’t be anywhere but here?  This series will present a range of options and give you the tools to help you develop or upgrade your digital strategies and drive international sales.
 

Drive Inbound Global Sales  
If lack of travel and in-person selling has curtailed your sales, you might be wondering how to convert your efforts into digital sales, yet it looks complex. Learn from the experts about how to drive Inbound leads with a defined Buyer's Journey supported with Account Based Marketing (ABM) and ideas on the right content to produce results. Then, learn how to successfully adapt this for global markets for multilingual lead generation. We will discuss Google Translate and how it should and should not be used for your online marketing efforts. Others are selling online successfully in foreign markets, and you can too!  

Speakers:

  • Trygve Olsen, HubSpot Certified Trainer and Director of Buzz Development — BizzyWeb
  • Wendy Pease, President — Rapport International

Date: November 5, 2020
Duration: 1 hour
 

Reach Global Markets Through Social Media and Creative Content Development 
As an exporter, you need to get found online, drive more leads, and build brand visibility. Strategic digital marketing endeavors with a focus on social media and content marketing should be critical components of your online international business plan. This webinar will discuss the actions you should be taking to increase your online presence in the places it really counts to generate buyer awareness and drive more international sales.

Speaker: Derek Edmond, Managing Partner with KoMarketing Boston MA

Date: November 12, 2020
Duration: 1 hour
 

Global Privacy, Cybersecurity and Data Protection Laws  
Cybersecurity and privacy have become an increasing concern for all businesses and organizations. Making sure your digital infrastructure is safe and your interactions with customers are legal are even more important internationally. Participate in this program to learn about global privacy and data protection laws, as well as steps that you can take to secure your data against cyber threats.

Topics covered will include cybersecurity best practices for international trade; leveraging technologies like conditional access and end-to-end encryption for security and compliance; and technology strategies for meeting U.S. export control requirements. We will also discuss GDPR (the EU data protection regulation), the impact of Brexit on the UK data protection laws, the new Brazilian data protection law (LGPD), which came into effect on August 14, and Asia Pacific Economic Cooperation (APEC) Cross-Border Data Transfers.  

Speakers:

  • Ryan Heidorn, Managing Partner — Steel Root
  • Morgan Jones, Associate — McCarter & English, LLP      

Date:  November 19, 2020  
Duration: 1 hour

Best Practices for End Use & End User Due Diligence

Some of the most significant export control developments in recent months have involved newly-restricted end uses and end users. Rapid expansion of restricted parties on the Entity List and the new final rule restricting exports destined for military end uses and end users in China, Russia and Venezuela are just a couple of examples why end use and end user due diligence is more important than ever. Moreover, the complexity of these restrictions, combined with the unique profile of each exporting firm means that there is no one-size-fits-all approach and a simple solution like a BIS-711 is not sufficient in most cases.  

Join us to learn about development and implementation of effective operational protocols and customized in-house tools to hone in on end use and end user information, such as order processing checklists, decision trees, end use certifications and letters of assurance.  You will also hear best practices from exporting firms sharing their tips for compliance and peace-of-mind in export transactions. 

Speakers:  

  • Ken Carlstedt, Director, Global Trade Compliance — Sensata Technologies
  • Alexandra Lopez-Casero, Partner — Nixon Peabody LLP
  • Julianne Perkins, Director, Trade Compliance — CIRCOR International, Inc.  

Date: October 23, 2020
Duration: 1.5 hours
Cost: $35 / no charge for Compliance Alliance members

Recent Changes to the Foreign Produced Direct Product Rule: Implications for Huawei and Beyond

While the past couple of years have witnessed significantly increased U.S. export restrictions for firms doing business with Huawei, the past few months have all but removed any remaining loopholes that U.S. firms had been using to legally supply products and technology to the Chinese telecom giant. 

On August 17, 2020, the U.S. Department of Commerce Bureau of Industry and Security issued a final rule, expanding upon an interim final rule issued on May 15, that drastically expands controls on certain non-U.S. items reexported, exported from abroad or transferred in-country for transactions involving Huawei and its named affiliates on the U.S. Entity List. 

The final rule broadens the scope of items subject to BIS licensing requirements when Huawei is involved in the transaction in any capacity, including foreign-produced items that are considered “off-the-shelf” when produced under conditions outlined under Footnote 1 of the Entity List.  Given the prevalence of U.S. technology and software in the global semiconductor and design manufacturing process, the expanded scope of Footnote 1 will impose restrictions on a broad range of foreign-produced items destined for Huawei. 

On August 17, BIS also issued a companion final rule that expanded licensing authority for Entity List parties in general, regardless of their role in a transaction.  Join us to learn about the changes under these landmark final rules that will significantly impact companies that are directly or indirectly doing business with Huawei, and the implications of these actions beyond Huawei.  You will also gain insight on compliance risk mitigation strategies for doing business in this complex, high-stakes and dynamic environment. 

Speaker: Kristine Pirnia, Practice Leader, Export Controls and Sanctions with Sandler, Travis & Rosenberg, P.A.

Date: October 16, 2020
Duration: 1 hour
Cost: $35 / no charge for Compliance Alliance members

Global Intellectual Property Protection for U.S. Exporters

One of the leading concerns among U.S. firms in entering new global markets is the protection of their intellectual property (IP). Moreover, some business—especially SMEs—may avoid certain export markets due to a lack of confidence in IP protection and enforcement. Join us to learn how to protect your IP in foreign jurisdictions.

The discussion will include an overview of global IP protection strategies, as well as multilateral initiatives, such as the Patent Cooperation Treaty, Paris Convention, Hague System, Madrid System and others for the protection of IP in multiple markets internationally. The webinar will also provide guidance on securing IP in challenging markets, such as China. 

Speakers:   

  • Susan Anthony, Attorney-Advisor, Office of Policy and International Affairs — U.S. Patent and Trademark Office
  • Harry Kim, Special Program Examiner, International Patent Legal Administration — U.S. Patent and Trademark Office

Date: October 8, 2020
Duration: 1.5 hours

STEP Grant Application Process

Join us to learn about the Massachusetts State Trade Expansion Program ("STEP"), which is available to eligible Massachusetts small businesses for the purpose of increasing export sales of their goods and services. Please note that there are important changes to the scope of the program this year.

The Massachusetts STEP program is administered by the Massachusetts Office of International Trade and Investment, in collaboration with the Massachusetts Export Center, through a grant from the U.S. Small Business Administration.  

This webinar will discuss the parameters of the Massachusetts STEP program and walk participants through the STEP application process. The webinar will provide guidance on completing the application and discuss specific elements that are critical for successful applicants. The webinar will also provide tips on assessing export readiness and planning international marketing activities in support of the STEP application. Those applicants who have demonstrated a strong commitment to exporting with a well-planned export strategy will have the best likelihood of success!

Speakers:

  • Carlos Hernandez, Lender Relations Specialist — U.S. Small Business Administration

  • Paula Murphy, Director — Massachusetts Export Center

  • Jim Paul, director of Boston Office, U.S. Commercial Service —  U.S. Department of Commerce

  • Joe Raycraft, Export Finance Manager, New England — U.S. Small Business Administration

  • Mark Sullivan, Executive Director — MA Office of International Trade & Investment

Live Date: September 16, 2020
Duration: 1.5 hours

China Global Trade and CFIUS Compliance Update

The U.S. government has been expanding national security-based restrictions in connection with technical, business and academic activities involving China, which is having far-reaching implications for a wide range of industry sectors as well as academia, startups and investors. There has been a proliferation of Chinese parties subject to list-based sanctions, perhaps best exemplified by the addition of Huawei and others to the U.S. Entity List. 

Proposed regulations to implement the May 2019 executive order on telecommunications supply chain security would establish a new regulatory process in which certain transactions would be subject to review, mitigation, and even the prohibition or unwinding of completed transactions, and would provide for significant penalties for failure to meet regulatory obligations. Rollbacks to allowances under the De Minimis and Foreign Direct Product Rules are expected to restrict claims that items and technology are not subject to U.S. export controls to largely target U.S. exports to China. 

There will soon be new restrictions on "emerging and foundational" technologies, which will be controlled for export to China as mandated under the Export Control Reform Act. The recently-implemented final rule on transactions subject to mandatory review by the Committee on Foreign Investment in the U.S. (CFIUS) will provide for heightened scrutiny of Chinese investment in U.S. businesses involved in critical technology, critical infrastructure and sensitive personal data. Join us to learn about these developments and more, and how to best manage the increasing compliance risks associated with doing business in or with China.

Speakers:

  • Brian Curran, Partner — Hogan Lovells US LLP
  • Ajay Kuntamukkala, Partner — Hogan Lovells US LLP
  • Anne Salladin, Partner— Hogan Lovells US LLP

Live Date: July 24, 2020
Duration: 1 hour

Exporting in the Digital Age: Grow Your Sales and Build Your Brand by Making the Internet Work for You Globally 

In our digital age, the Internet has given consumers unprecedented control of the purchasing process. 95% of the world’s markets lie outside the United States, but in order to seize that opportunity, your website must become your best sales rep! Your prospects, customers, and competitors are all online, but are your website and online presence the best they can be to showcase your brand and your business to the global marketplace?

During this program, we will discuss best practices in website localization, online marketing, and e-commerce strategy that will help exporters build their brands and grow their businesses by creating the best user experience for their international customers. 

Join us to learn about the key success factors for an intelligent global digital marketing strategy that will help companies to get found, be understood, and improve customer experience. 

Speaker: Jeff Ardis, Business Development Director at IBT Online

Live Date: July 16, 2020
Duration:  1.5 hours

Massachusetts Trade Landscape (no registration required, click on link below to watch video)

Women in World Trade presents a conversation with Paula Murphy, Director of the Massachusetts Export Center, and Massachusetts State Representative Lori Ehrlich, Chair of the Joint Committee on Export Development, about the state's trade engagement with the world.

> Watch Video Now!

Live Date: June 16, 2020
Time: 53 minutes

Expansion of Export Controls on China, Russia and Venezuela

In the last few months, the United States has announced new rules that will significantly expand export restrictions on China, Russia and Venezuela. On April 28, the U.S. Department of Commerce Bureau of Industry and Security (BIS) published a highly-anticipated final rule that further tightens controls on exports, reexports and in-country transfers to military end users and end uses in China, Russia and Venezuela. It also issued a final rule withdrawing License Exception CIV for these countries. These final rules go into effect on June 29, 2020. 

On May 15, BIS issued an interim final rule, effective immediately, that significantly expands the foreign direct product rule to cover additional foreign-produced items destined to Huawei. And while these rules tighten restrictions on exports, reexports and in country transfers of certain controlled items and technology, there are also significant implications for companies that export EAR99 items and technology. 

Join us for this webinar to hear specifics on the new requirements under the rules and how they will impact your company. We will also discuss ways to mitigate compliance risk through licensing, export reporting, screening and KYC due diligence.

Our speaker will be Ajay Kuntamukkala, partner with Hogan Lovells.

Live Date: June 18, 2020
Time: 1.5 hours

USMCA Is Coming: What You Need to Know to Prepare

The new U.S. Canada Mexico Agreement (USMCA) will go into effect on July 1, 2020, with no transition period from NAFTA. This means that companies currently taking advantage of NAFTA should be preparing now to meet the new requirements under the USMCA so that they can continue to benefit from preferential duty treatment between the U.S., Canada and Mexico under the new agreement.

Under the new agreement, companies will see changes to the Rules of Origin, meaning that some products may no longer be eligible for preferential duty treatment. Additionally, certifying origin will no longer require a specific form, though certain data elements must be included in the declaration. Other changes include increased De Minimis levels, IP protection measures, and the inclusion of provisions for e-commerce and digital trade.

Join us to hear from experts discussing these and other differences between NAFTA and USMCA, and learn what exporters and importers need to do now to prepare for the imminent changes.    

Our speaker will be Paula Connelly, principal with Sandler, Travis & Rosenberg, P.A.

Live Date: June 12, 2020
Duration: 1 hour
Cost: $25 / no charge for Compliance Alliance members

ATA Carnets: Facilitate Duty Free Temporary Exports While Saving Time and Money

Exhibiting at a foreign trade show? Shipping demo equipment to your overseas sales agent? Traveling for work and carrying professional equipment? 

Save time and simplify Customs clearance while avoiding costly Temporary Import Bonds by using an ATA Carnet instead! An ATA Carnet is an internationally-accepted Customs document that allows for goods to travel between 85+ countries and territories without the need to pay import duties or taxes, resulting in significant cost savings. It is one of the most helpful tools that exporters can use for temporary shipments! Carnets offer many advantages, but it is important that they are processed correctly to avoid Customs claims and penalties due to no proof of re-exportation.

Join us as we discuss the benefits of ATA Carnets, including their uses and management. This program will offer comprehensive guidance for the proper handling of Carnets, including use of Carnets for controlled goods. Tips for troubleshooting will be provided for challenging scenarios, such as goods remaining in-country permanently; goods not re-exported in a timely manner; or cases when the Carnet may be lost or stolen. 

The speaker will be Kiel Ursin, Carnet Specialist with Boomerang Carnets.

Live Date: May 15, 2020
Duration: 1.5 hours
Cost: $35 / no charge for Compliance Alliance members

COVID-19 Global Trade Webinar Series: Transportation, Customs & Supply Chain Update

Join us for the third webinar in our series, where we will discuss the impact of the COVID-19 pandemic on trade, transportation, Customs and global supply chains. The webinar will provide an update on trends in different parts of the world, how cargo flows have been impacted by reduced schedules and staff at airlines, inbound and outbound Customs issues, and how all of these trends have impacted global supply chains. 

Our speaker will be Kristen Morneau, Senior Trade Advisor with Mohawk Global Trade Advisors.

Live Date: May 1, 2020
Time: 1.5 hours
Cost: No charge

COVID-19 Global Trade Webinar Series:  Managing Business Risk During the COVID-19 Pandemic

Join us for this timely webinar to address the challenges for businesses grappling with risk management issues and supply chain disruption during the COVID-19 pandemic.  

The session will address regulatory updates impacting supply chain and imports and exports; proactive and forward-looking risk management through contract negotiation and drafting; and risk mitigation strategies through use of force majeure clauses, legal doctrine, and dispute resolution. 

Our speakers will be:

  • Sarah Cooleybeck, Partner — Foley Hoag LLP
  • Euripides Dalmanieras, Partner — Foley Hoag LLP
  • Gwen Jaramillo, Partner — Foley Hoag LLP

Live Date: April 17, 2020
Duration:
1 hour
Cost: No charge

Incoterms® 2020 Rules

Incoterms® provide internationally-accepted definitions and rules of interpretation for the most common commercial terms used in contracts for the global sale and transfer of goods. The terms help traders to avoid costly misunderstandings by clarifying the tasks, costs and risks involved in the delivery of goods from sellers to buyers worldwide. The new Incoterms® 2020 rules came into force on January 1, 2020, and the revision incorporates changes in both substance and presentation of the Incoterms®.

If you are an exporter, importer, international sales or logistics personnel, or anyone who works with international trade documentation and compliance, you should not miss this program. Our speakers will provide an overview of the new Incoterms®, discuss how to use them, and implement them to your advantage.   

Speakers include:

  • James Mulvehill, Senior Manager, T&C Leader - New England — KPMG Trade & Customs
  • Ben Meyer, Senior Associate — KPMG Trade & Customs (Washington, DC)
  • Mitch Gargosh, Associate — KPMG Trade & Customs (Atlanta, GA)

Live Date: April 16, 2020
Duration: 1:15 hours
Cost: $35 / no charge for Compliance Alliance members

COVID-19 Global Trade Webinar Series:  Financial Programs Under the CARES Act

Learn about the Coronavirus Aid, Relief, and Economic Security Act's (CARES Act) provisions relating to economic relief programs for small and medium-sized businesses. The webinar will provide guidance on eligibility determination, use of proceeds, program specifications, and the application process for the loan programs established by the CARES Act, including the Paycheck Protection Program for small businesses and the Mid-Sized Business Loan Program. 

The webinar will be presented by members of the Arent Fox Business Loan Task Force, and speakers will be:

  • Marwa Hassoun, Partner — Arent Fox LLP
  • Jeannette McLaughlin, Partner — Arent Fox LLP
  • Dennis Henderson, Counsel — Arent Fox LLP

Live Date: April 9, 2020
Duration:  1 hour
Cost: No charge

Complying with the OFAC 50% Rule

Compliance with the Treasury Department’s Office of Foreign Assets Control (OFAC) “50% Rule” is one of the biggest global trade compliance challenges facing businesses today. The Rule was first introduced in 2008 when OFAC issued guidance restricting U.S. persons from conducting business with entities that are owned 50% or more by a sanctioned party. The Rule was enhanced in 2014 to restrict entities that are owned by multiple sanctioned parties, directly or indirectly, with an aggregate interest of 50% or more. And in recent years, OFAC has begun to enforce compliance with the Rule, issuing financial penalties even in “non-egregious” cases involving voluntary self-disclosure. With the increased use of sanctions and enhancements to the Specially Designated Nationals (SDN) List under the Trump Administration, combined with opacity in obtaining corporate ownership information in high-risk markets, such as Russia, many U.S. businesses engaged in global trade struggle to ensure that their operations are truly compliant with the 50% Rule. 

Join us to learn specifics about the 50% Rule, including affected sanctioned parties, ownership restrictions, and the implication of certain grey areas, such as entities that may be controlled, but not owned, by blocked parties. This webinar will also review best practices and tools for compliance, including risk assessment, screening and due diligence policies, use of end user statements, and other strategies for managing risk.

The speaker will be Joshua Shrager, senior vice president at Kharon.

Live Date: March 11, 2020
Duration: 1 hour
Cost: No charge

CMMC Ready: Cybersecurity Strategies for Exporters

For companies doing business with the U.S. Department of Defense (DoD), this year brings major changes in cybersecurity requirements, signaling a sea change for every company on a DoD supply chain.

On January 31, the DoD released the Cybersecurity Maturity Model Certification (CMMC), which requires every prime and subcontractor to have their cybersecurity controls audited and certified in order to win new business. As a sort of enforcement mechanism for the DFARS 252.204-7012 clause — which will be modified this year to reflect the new rules — CMMC will force companies to fully implement cybersecurity controls to protect Controlled Unclassified Information on their networks. In this session, we will parse out what to expect from this evolving program and offer strategies on how to prepare for the changes.

Exporters subject to the International Traffic in Arms Regulations (ITAR) must also note that, on March 25, an ITAR amendment will go into effect, creating a definition of "activities that are not exports, reexports, retransfers, or temporary imports." ITAR will receive a long-awaited encryption carve-out that, similar to EAR, deems that data protected by end-to-end encryption does not constitute an export, even if it travels across foreign communications infrastructure.

Participants will learn:

  • What to expect from the new CMMC program and how to prepare;

  • How the DFARS 252.204-7012 rule will change to incorporate CMMC and a new cybersecurity confidence rating system;

  • What's changing this year in ITAR encryption controls and how it affects exporters.

Speakers:

  • Ryan Heidorn, Managing Partner — Steel Root
  • Alex Major, Partner and Co-Leader, Government Contracts and Export Controls Practice — McCarter & English, LLP

Live Date: February 27, 2020
Duration: 1 hour
Cost: No charge

CFIUS Update: Implementation of New Final Rules

The Committee on Foreign Investment in the U.S. (CFIUS) recently published final rules implementing sweeping changes to the Committee’s jurisdiction and review process. The regulations become effective on February 13, 2020. The new rules further expand the set of transactions subject to CFIUS review, including a range of non-controlling investments, and affect U.S. businesses of all sizes.  CFIUS’ expanded jurisdiction focuses on “TID businesses,” meaning businesses involved with: Critical Technology, Critical Infrastructure and Sensitive Personal Data. Filings for some investments will be mandatory; for other investments, filings may be advisable but not mandatory; and for many transactions, CFIUS risk allocation language should be included, even if filings are not warranted. Join us for this timely webinar to learn about these imminent rules and major changes that will be of concern to any U.S. business considering accepting foreign funds through a minority investment, majority investment, joint venture or acquisition.

Speakers:

  • Stephen Heifetz, Partner — Wilson Sonsini Goodrich & Rosati
  • Melissa Mannino, Of Counsel — Wilson Sonsini Goodrich & Rosati

Live Date: February 12, 2020
Duration: 1 hour
Cost: No charge

OFAC’s Enforcement Cases of 2019

2019 was the most active enforcement year in more than a decade measured by aggregate penalties. Enforcement actions increased from 2018, and more non-financial companies found themselves in OFAC’s crosshairs than in the past. One particular focus area was sanctions enforcement involving M&A transactions, in particular sanctions violations committed by acquired foreign companies post-closing. Notably, in most cases, the U.S. acquirer conducted preinvestment due diligence sufficient to identify the target’s dealings with sanctioned countries, and took affirmative steps to try to terminate those dealings. Notwithstanding these efforts, OFAC imposed penalties because the acquired companies continued to violate U.S. sanctions. Following these enforcement actions, acquirers are firmly on notice that OFAC expects them to supplement robust preacquisition diligence with robust post-acquisition monitoring, to ensure that acquired companies comply with U.S. sanctions.  

Other 2019 enforcement actions involved, for example:  

  • Imports of materials and other products that originated in embargoed countries
  • Violations committed by non-U.S. subsidiaries
  • Screening issues and deficiencies
  • Russia sanctions violations, including OFAC’s aggregate 50% rule
  • High-value settlements targeting financial institutions
  • Blocked vessels
  • Travel companies and travel insurance
  • Debt assignment and collection

Speakers:

  • Alexandra Lopez-Casero, Partner — Nixon Peabody LLP
  • Robert Fisher, Partner-Elect — Nixon Peabody LLP

Live Date: January 30, 2020
Duration: 1 hour
Cost: No charge

2019

Using ACE Reports to Manage and Audit AES Filings

Since the transition of Automated Export System (AES) to the Automated Commercial Environment (ACE) platform, retrieving reports of Electronic Export Information (EEI) filed for export shipments has never been easier. Today, through the ACE platform, exporters can retrieve free, on-demand reports which include the past five years of shipments.  Additionally, reports can be customized and scheduled in advance.

From the ACE platform, exporters have the ability to view details of shipments filed in AES/ACE under their EIN as the US Principal Party in Interest (USPPI), as well as the elements of what was reported on routed export transactions by their foreign customers’ U.S. agent - information that is not available through a traditional Census data request. AES/ACE reports promote improved management of data quality and license activity, and can help to facilitate in-depth audits of U.S. exporters’ international shipping activity.

This webinar will provide a tutorial of export report features in ACE. Topics to be discussed include an overview of ACE Export Reports, including a demonstration of accessing export reports, creating an ad hoc report, modifying report queries and filters, and scheduling a recurring report.  

Don’t miss this opportunity to hear directly from the U.S. Census Bureau on how to maximize export compliance using ACE reporting. 

Speaker:

  • Mayumi Brewster, Survey Statistician with the Data User and Trade Outreach Branch, Economic Management Division — U.S. Census Bureau

Live Date: November 19, 2019
Duration: 1.5 hours
Cost: $35 / no charge for Compliance Alliance members

Am I Really Subject to the EAR?

Most U.S. companies export under the assumption that they are subject to the Export Administration Regulations (EAR) and dutifully implement practices to ensure compliance. With the recently-expanding reach of U.S. export controls, such as anticipated enhanced controls on emerging technologies or the new restrictions against Huawei, many exporters are asking themselves, perhaps for the first time, whether they really are “subject to the EAR”.  

Join us for this webinar to learn about what it means to be subject to the EAR, as well as factors that can lawfully exempt items or technology from the EAR. We will address what makes a foreign-made item subject to the EAR, including de minimis, the Foreign Produced Direct Product Rule, and other factors that companies can consider in determining why an item is not subject to the EAR. The webinar will also provide tips on managing compliance risk in cases where an item or technology might have been previously treated as subject to the EAR.  

Speaker:

  • Steven Brotherton, Principal, Global Export Controls & Sanctions Lead — KPMG LLP

Live Date: October 24, 2019       
Duration: 1 hour
Cost: $35 / no charge for Compliance Alliance members

KYC For Today’s Global Business Environment

KYC (Know Your Customer/Know Your Counterparty) processes and best practices are increasingly important in today’s complex and fast-paced global business environment. And they go well beyond the traditional list-based screening practices employed by many companies engaged in global trade.

Join us to hear about best practices and strategies for enterprises of all sizes to tackle diverse, evolving challenges in KYC diligence and risk-assessment, encompassing not only sanctions and export restrictions, but anti-corruption risk, supply chain security, and political and anti-money laundering risk.  

Speakers:  

  • Gwendolyn Jaramillo, Partner — Foley Hoag LLP
  • Anthony Mirenda, Partner — Foley Hoag LLP
  • Shrutih Tewarie, Associate — Foley Hoag LLP  

Live Date: October 8, 2019
Duration: 1.5 hours
Cost: $50 / no charge for Compliance Alliance members

Country of Origin Management & Determination

Country of origin determination has always been a critical step for smooth customs clearance and accurate determination of duty rates. In today’s high-stakes tariff environment, however, effective country of origin management and determination can make a difference of over twenty-five percent in applicable duties. Moreover, in today’s complex global supply chain, where products can be processed across multiple countries, country of origin determination is not a straightforward process. 

Join us for this webinar to learn about the rules for determining country of origin and related concepts, such as substantial transformation and tariff shifts. We will also discuss country of origin marking and tariff management strategies to lawfully manipulate origin as a way to reduce or avoid tariffs. 

Speaker:

  • Paula Connelly, Member — Sandler, Travis & Rosenberg, P.A.  

Live Date: October 3, 2019
Duration: 1.5 hours
Cost: $50 / no charge for Compliance Alliance members

Managing Export Operations and Compliance

In today’s complex export environment, regulatory compliance and traditional operational issues are inextricably linked. Even simple logistical or reporting mistakes may have repercussions that can lead to noncompliance. Companies that don’t take a holistic and systematic approach to all of these issues will leave themselves open to fines, customs seizures, delays, and possible enforcement action. 

This webinar will provide an overview of the U.S. export regulatory environment, including essential steps for compliance with export controls and sanctions laws. The webinar will also discuss other steps in the export operational process, including AES reporting, global trade classification, free trade agreement compliance, shipping terms, export documentation, and more.

This nuts-and-bolts program will provide you with the essentials for ensuring compliance and help you to cut through the confusion that can sometimes impede export operations. Bring your questions! 

Speakers:

  • Paula Murphy, Director — Massachusetts Export Center
  • Kathleen Newell, Trade Compliance Manager — Massachusetts Export Center  

Live Date: July 19, 2019
Duration: 2 hours
Cost: No charge

Complying with the New Sanctions Against Huawei

On May 16, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced the addition of China’s Huawei Technologies Co., Ltd., as well as sixty-eight of Huawei’s global affiliates, to the Entity List, with the presumption of license denial. The addition of Huawei to the Entity List prohibits the export, re-export or transfer of all U.S.-origin goods, software or technology to Huawei or its named affiliates.

Shortly after adding Huawei to the Entity List, BIS issued a Temporary General License, effective May 20 through August 19, 2019, authorizing certain transactions with Huawei.  These authorized transactions are for specified Huawei end uses and subject to certification and recordkeeping requirements.

Huawei is China's largest telecommunications firm and is the world’s second largest manufacturer of smartphones, after Samsung and before Apple. It is a $105 Billion company that sources many of its components from U.S. suppliers, with Massachusetts being a design and production hub for the type of technology procured by the firm. Huawei is a deeply-embedded player in the global supply chain for electronic components, networking and telecommunications technology, and with China's multi-layered distribution infrastructure, it can be challenging for U.S. companies to ensure compliance with the new sanctions.    

Join us for this timely webinar to learn about the Huawei sanctions, and strategies for compliance amidst China’s complex distribution and OEM environment. The webinar will also provide guidance on allowances under BIS’ Temporary General License, including scope of authorized transactions, certification requirements and documentation of due diligence to mitigate compliance risk.  

Speakers:

  • Alexandra Lopez-Casero, Partner — Nixon Peabody LLP
  • David Crosby, Counsel — Nixon Peabody LLP

Live Date: June 28, 2019
Duration: 1 hour
Cost: No charge

China Trade Update

The U.S.-China trade relationship exceeded $700 Billion in 2017, and China is our largest trading partner in manufactured goods. Given the importance of the two-way trade relationship between the two countries, many U.S. companies have been deeply impacted by the numerous trade policy actions involving China over the past year. 

Join us for this webinar for the latest on the U.S.-China trade relationship, including ongoing trade negotiations. We will discuss the impact of China’s access to U.S. technology on the development of trade policy as well as related issues, such as counterintelligence trends, intellectual property protection, technology transfer, and more. We will also discuss 2-way tariff developments between the U.S. and China. Finally, we will address trends with China and foreign investment approvals under the Committee for Foreign Investment in the U.S. (CFIUS) as well as trends with China and enhanced end user restrictions under the Export Control Reform Act and other related cases, such as Huawei. 

Speaker:

  • Giovanna Cinelli, Practice Lead, International Trade & National Security with Morgan — Lewis & Bockius LLP

Live Date: June 6, 2019  
Duration: 1.5 hours
Cost: $50 / no charge for Compliance Alliance members

Foreign Investment & Export Control Update: Next Steps Under the FIRRMA & ECRA

On August 13, 2018, the Export Control Reform Act (ECRA) and the Foreign Investment Risk Review Modernization Act (FIRRMA) were signed into law. This landmark legislation will have far-reaching impact for U.S. businesses, including exporters, developers of emerging technologies, and potential recipients of foreign investment. In recent months, implementation of the ECRA and FIRRMA have gotten off to a quick start, with the Committee on Foreign Investment in the U.S. (CFIUS) announcing its pilot program and the Bureau of Industry and Security (BIS) opening comment periods regarding “emerging and foundational technologies” targeted for possible enhanced export control.

This webinar will provide an update on the current status of implementation of both the ECRA and the FIRRMA. Topics to be covered include the status of rulemaking by BIS on the definition of “emerging technologies” to be controlled under the Export Administration Regulations; an update on the CFIUS pilot program, which requires declarations to be filed regarding foreign investments in many U.S. companies that develop or produce export-controlled products; and developments regarding next steps for implementation of both the ECRA and the FIRRMA.  

Speaker:

  •  Gwendolyn Jaramillo, Partner — Foley Hoag LLP

Live Date: May 17, 2019  
Duration: 1.5 hours    
Cost: $50 / no charge for Compliance Alliance members

Duty Drawback: Your Secret Weapon in the Tariff War

With recent, dramatic escalations in U.S. and global tariffs, it has become increasingly important for companies to investigate creative alternatives to help them remain competitive and maintain international sales revenue. If your company imports goods and either re-exports them or exports equivalent products, whether or not they have been altered or incorporated into finished products, you should consider adding Duty Drawback to your trade arsenal to help offset high tariffs.

The drawback regulations under the Trade Facilitation and Trade Enforcement Act (TFTEA) were updated as of February 24, 2019 to modernize the law. The amended regulations make it easier to file and process drawback claims by requiring electronic filing, providing for more flexible merchandise substitution allowances, simplifying record keeping requirements, standardizing timelines for filing claims and reducing the data required for claim submissions. 

Join us for this timely program to learn more! This webinar will provide an overview of Duty Drawback allowances and procedures, as well as an update on the Drawback regulations under TFTEA. 

Speakers:  

  • Sheila Milne, Manager, Tax, Trade & Customs — KPMG LLP  
  • James Mulvehill, Senior Manager, Tax, Trade & Customs — KPMG LLP

Live Date: May 9, 2019
Duration: 1.5 hours
Cost: $50 / no charge for Compliance Alliance members

Best Practices for Voluntary and Required Self Disclosures

Export control, economic sanctions and other related laws are complex and ever-changing. As such, U.S. companies engaged in international business transactions are at heightened risk for non-compliance. Even diligent, well-intentioned exporters often make mistakes in this dynamic regulatory climate. Exporters uncovering potential violations confront the question whether to voluntary self-disclose the matter to the relevant federal agency. Disclosure may be recommended in order to avoid or mitigate penalties, or to present a "clean house" for investors, lenders, or underwriters. In some instances, federal law requires disclosure and a blocking of funds or property interests, failure of which may constitute additional violations.  

This webinar will discuss factors affecting the decision whether to disclose export or sanctions violations, including the definitive identification of violations, likelihood of detection and enforcement action, possible fallout, and potential implications for employees and business partners. The webinar will also address what should be disclosed, how and when to make the disclosure, and how to minimize the likelihood of a penalty, including remedial actions. Finally, we will discuss best practices for working with outside counsel, investigating violations, preparing disclosures, and interacting with relevant federal agencies. In addition to discussing EAR, ITAR and OFAC disclosures, we will also discuss related disclosures and notifications under the DFARS cybersecurity requirements and CFIUS.  

Speaker:

  • Kerry Scarlott, Partner — Baker & Hostetler LLP

Live Date: April 25, 2019  
Duration: 1.5 hours 
Cost: $50 / no charge for Compliance Alliance members