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U.S. Export and Reexport Controls From a European Perspective
14 September 2021
U.S. Export and Reexport Controls From a European Perspective

Tired of having your U.S. suppliers botch their license applications and thus delay your programs? Beside yourself with their shipping ITAR-controlled parts as EAR99 items? Confused about your U.S. reexport licensing obligations? Befuddled by the increasing role that U.S. DoD appears to be playing? This workshop will explore what you, as a European company, need to know to stay on top of U.S. export, reexport, and retransfer controls. There will also be coverage of your company’s obligations under U.S. DoD’s Cybersecurity Maturity Model Certification Program. Particular emphasis will be on reviewing the “chain of custody” information on subcontractors/sublicensees, downstream customers and end-users, freight forwarders/customs brokers/warehouses, and sales reps/brokers your U.S. suppliers need from you to prepare bullet-proof ITAR and EAR applications.

About the hosts:

Gary Stanley is the President of Global Legal Services, PC, a Washington, DC-based law firm focusing on trade compliance issues. Mr. Stanley represents, among others, numerous U.S., Canadian, and European companies on defense export control issues. He publishes the daily Defense and Export-Import Update newsletter and frequently speaks at ITAR training events around the world. Mr. Stanley has also provided export control training to multiple Canadian Government agencies and the Russian Government.

Ed Peartree is the Group Deputy Head of Export Controls, Licensing and Policy at BAE Systems plc. Mr. Peartree previously served as the Director of the U.S. Department of State’s Office of Defense Trade Controls Policy, where he the development of U.S. regulations and policies governing the export of defense articles and services, the commodity jurisdiction and classification process, license screening and risk analysis, and global end-use monitoring program (“Blue Lantern” program). He also led engagement on bilateral and multilateral defense trade matters, including U.S.-UK.

About the organisations:

Global Legal Services, PC, is a Washington, DC-based law firm advising U.S. and non-U.S. companies on U.S. export and re-export controls, including securing U.S. licenses and other export authorizations, strengthening corporate export control compliance programs, providing training to employees, and advising on civil violations of the ITAR and EAR.
 

BAE Systems plc is a British multinational defence, security, and aerospace company. It is the largest defence contractor in Europe and has operations worldwide, including BAE Systems Inc. in the United States, one of the six largest suppliers to US DoD. BAE Systems is involved in several major defence projects, including the Lockheed Martin F-35 Lightning II, the Eurofighter Typhoon, the Astute-class submarine and the Queen Elizabeth-class aircraft carriers.

FEATURED SPEAKERS

Mr Ed Peartree

Mr Ed Peartree

Group Head of Export Controls, BAE Systems
Mr Gary Stanley

Mr Gary Stanley

President, Global Legal Services

Mr Ed Peartree

Group Head of Export Controls, BAE Systems
Mr Ed Peartree

Ed serves as Group Head of Export Control at BAE Systems, plc. In this role he has overall responsibility for delivery of functional strategy and setting Company-wide standards for compliance with global trade control laws and regulations (excluding the activities of BAE Systems Inc.), as well as managing stakeholder relationships relating to export control. Prior to joining BAE Systems, Ed was Director of the Office of Defense Trade Controls Policy at the United States Department of State where he oversaw the development of regulations and policies governing the export of defense articles and services, the commodity jurisdiction and classification process, license screening and risk analysis, and the global end-use monitoring program (“Blue Lantern”) for U.S. arms exports. He also led engagement with foreign partners and allies on bilateral and multilateral defense trade matters, including U.S.-UK and U.S.-Australia Defense Trade Cooperation Treaties, and the U.S. - EU COARM dialogue. Ed began his 20 years of service within the U.S. Government as a Presidential Management Fellow and held positions as a senior advisor and manager involved in defense trade, defense policy analysis, weapons counter-proliferation, and arms control. He began his professional career as a Research Associate in Political-Military Studies at the Center for Strategic and International Studies in Washington, D.C., and also served as an analyst in the Office of Net Assessment at the U.S. Department of Defense. He is a distinguished graduate of National Defense University and holds an M.A. from George Washington University’s Elliot School of International Affairs and a B.A. from Johns Hopkins University.

Mr Gary Stanley

President, Global Legal Services
Mr Gary Stanley

Gary Stanley is the President of Global Legal Services, PC, a Washington, DC-base law firm focusing on trade compliance issues. Mr. Stanley represents, among others, numerous U.S., Canadian, and European companies on defence export control issues. He publishes the daily Defense and Export-Import Update newsletter and frequently speaks at ITAR training events around the world. Mr. Stanley has also provided export control training to multiple Canadian Government agencies and the Russian Government.

Workshop agenda

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8:30

Registration and Coffee

Mr Gary Stanley, President, Global Legal Services

Mr Ed Peartree, Group Head of Export Controls, BAE Systems

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9:00

Opening Remarks and Introductions

Mr Gary Stanley, President, Global Legal Services

Mr Ed Peartree, Group Head of Export Controls, BAE Systems

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9:15

The Fundamental Question of U.S. Export Controls: Is the Item Controlled under the ITAR or EAR?

  • What is the “Order of Review” for classifying hardware and technical data?
  • “Specially Designed”: The key definition to a correct classification
  • Why the “Devil is always in the details!”
  • Real-world examples of how to apply these classifications concepts
  • Mr Gary Stanley, President, Global Legal Services

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems

    clock

    10:30

    Coffee/Break

    clock

    10:45

    Pitfalls of ITAR Applications

  • Documenting the “Chain of Custody” in DSP-5 hardware and technical data license applications
  • When should a U.S. supplier seek a Warehouse and Distribution Agreement instead of a DSP-5 license?
  • Common mistakes in drafting ITAR Part 124 Technical Assistance Agreements and Manufacturing Licensing Agreements
  • Key elements of an ITAR § 123.9(c) Request for Reexport/Retransfer (GC Letters and submitting requests via DECCS)
  • Applying for reexport/reexport approval of U.S. Foreign Military Sales items via the U.S. Dept. of State/Office of Regional Security and Arms Transfer’s “Third Party Transfer process”
  • Mr Gary Stanley, President, Global Legal Services

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems

    clock

    11:15

    Pitfalls of EAR Applications and License Exceptions

  • Documenting the “Chain of Custody” in BIS-748P commodity, software, and technology applications
  • Special requirements that may apply to EAR applications
  • Having a strategic plan for U.S. suppliers to use License Exception STA
  • What to do when you still need an authorization for a reexport or transfer (in country)
  • Mr Gary Stanley, President, Global Legal Services

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems

    clock

    11:45

    The New Frontier

  • Ways to address the profusion of China military end-use/end-user controls (e.g., different purposes of BIS’ and U.S. DoD’s Communist Chinese military company lists)
  • Understand ITAR and EAR e-mail and cloud storage requirements
  • Latest screening best practices for dual/third country national employees under ITAR § 126.18 and EAR § 734.20, and new guidance for US persons employed overseas and providing defense services
  • New ITAR and EAR sanctions on Russia
  • Responding to U.S. customers’ NDAA Section 889 telecommunications/surveillance equipment and DFARS CMMC inquiries
  • Mr Gary Stanley, President, Global Legal Services

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems

    clock

    12:25

    Closing Remarks and Questions

    Mr Gary Stanley, President, Global Legal Services

    Mr Ed Peartree, Group Head of Export Controls, BAE Systems

    clock

    12:30

    End of Workshop


    Group Head of Export Controls
    BAE Systems
    President
    Global Legal Services

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