A re-calibration of export control regulations by agencies on both sides of the Atlantic has resulted in a need for companies to pay greater attention to scrutiny of end-users – especially if there is potential for goods, services or technology to reach military users.
In this presentation, Nora Bartos describes the new landscape of end-use and end-user, the more muscular attitude to catch-all by authorities, and the KYC and due diligence procedures exporters need to have in place to ensure appropriate checks.
Nora’s approach is multijurisdictional and relevant to all industry sectors, and her presentation will cover due diligence, end-user checks and statements, along with common pitfalls, bringing to bear state-of-the-art best practice on an increasingly important area of compliance.
About Nora: Nora Bartos is Chief Export Control and Sanctions Compliance Officer at Swiss multinational pharma company, Roche.
Interpretations of ‘horizon scanning’ in the context of sanctions compliance range from acknowledging the need to keep up with international news coverage to efforts to second-guess the future with an ambitious degree of certainty.
Arguably, a realistic understanding lies somewhere between: At its heart is a systematic examination of available information to identify potential threats, risks, emerging issues and opportunities. But how?
In this unique presentation, Lloyd Meadows, sets out the horizon-scanning methodologies that FIs and large corporations can adopt to be better prepared for future sanctions developments – and will walk through real life, topical examples to demonstrate the practical application of an exercise that can bring significant bottom-line benefits.
About Lloyd: Lloyd Meadows is a Director, Sanctions Advisory at Standard Chartered, having previously served in the UK government.
AI, quantum computing, brain-computer interfaces… it sounds like the stuff of a sci-fi novel. But the future is now! When FIRRMA brought the emerging technology debate into mainstream compliance thinking in 2018, many relegated the issue to the back-burner – pending further consensus and clarification from government. Some of the technologies referenced seemed far-fetched and their threat potential distant; subsequent efforts to control emerging tech have met definitional and other challenges.
But as multiple agencies beyond CFIUS and BIS (including, for example, the National Institute of Standards and Technology) seek to better understand its applications and implications, the ‘emerging tech’ thematic is poised to become central to export control and related regulated tools – all against a backdrop of accelerated national security considerations around the technological capabilities of potential adversaries.
Taking a multijurisdictional approach, Giovanna Cinelli will address the state of play of emerging technologies and compliance, including the significance of recent consultations, prospects for rule-making, and will shed light on the underlying rationale driving policy development.
About Giovanna: Giovanna Cinelli is the leader of the international trade and national security practice at the law firm Morgan Lewis. Concurrent with her private practice, Giovanna has served as a Naval Reserve intelligence officer, where she specialised in Soviet-era submarine platforms, national security, and intelligence issues.
In April 2021, Germany’s SAP agreed combined penalties of $8m with the US Department of Justice, Bureau of Industry and Security and Department of the Treasury for exports of software products and services to Iran.
The sum wasn’t eye-watering, but the settlement was hugely instructive not only because it underscored regulators’ increasing focus on technology companies and intangible technology, and also on account of its multi-agency nature – and the role of the Department of Justice.
In her presentation, Barbara Linney takes a close look at the SAP settlements, exploring lessons that should be learnt by the tech industry and beyond, whether US or non-US based, including companies engaged in M&A activities.
About Barbara: Barbara Linney serves as BakerHostetler’s International Trade & National Security team co-leader, building on 30 years of experience advising US and foreign clients. She is also an adjunct professor of export controls and economic sanctions at Georgetown University Law Center – and winner of the WorldECR Practitioner of the Year Award, 2021.
The dramatic growth of e-commerce, particularly in reaction to the COVID pandemic, has demonstrated the robustness and future shape of global commerce. Global logistics operations undergird this emerging commercial system, with express service providers providing the arterial means of conveyance.
However, the rapid growth in route diversity and volume has introduced corresponding compliance hurdles for the industry.
DHL Express, one of the world’s leading providers of package delivery and mail services, has been at the forefront of developing compliance solutions that anticipate new challenges. In this presentation – relevant to every company looking to keep up to speed with rapidly changing supply chains, payment systems and logistics – Dr Scott Jones and Aaron Dunne will review those challenges, and the company’s responses.
About Scott: Dr Scott Jones is DHL Express’s Regional Export Control Officer for the Americas.
About Aaron: Aaron Dunne is Global Export Control Officer at DHL Express.
Sanctions laws – especially US regulations – are remarkable for their potential to impact the activities of organisations domiciled abroad. For a long time, so-called ‘blocking’ regulations have been regarded as lacking teeth, but in recent years they’ve garnered greater attention and relevance to corporate transactions.
In this presentation, Rob Price and Andrew Galdes explore this new terrain and its context, focusing on:
- The extra-territorial effect of some primary sanctions
- The impact of secondary sanctions
- The EU Blocking Statute in light of the recent ECJ decision on Bank Melli/Deutsche Telekom
- Equivalent legislation in the UK and other jurisdictions
Rob and Andrew will also focus on the strategies and preparation necessary for companies to navigate the conflicts of laws presented by blocking regulations for compliant cross-border trade.
About Rob: Robert Price is a partner in the Litigation & Trial Department in the London office of Latham & Watkins.
About Andrew: Andrew Galdes is a counsel in the Washington, D.C. office of Latham & Watkins and is a member of the Export Controls, Economic Sanctions & Customs Practice.
As business grapples with issues such as forced labour and human rights – once consigned to ‘CSR’ but now more likely to fall within the regulatory space – compliance officers are looking for guidance on managing and detecting new areas of supply chain risk. The first step is adopting a process of Enhanced Due Diligence. But for many companies, the real challenges lie in understanding how to put principles into practice.
In this presentation, tailored for the export control compliance function, Jim Huish addresses the key elements of an Enhanced Due Diligence programme, including:
- Expectations of regulators and enforcement bodies
- Main areas where attention should be focused
- Understanding who to target for scrutiny
- Working through the supply chain – how far is far enough?
Focusing on forthcoming developments in the UK, EU and Germany, Jim will look at areas of future regulation that companies need to consider and look at how to introduce compliance efficiencies into due diligence endeavours.
About Jim: Jim Huish is Managing Director, Forensic & Litigation Consulting, Export Controls, Sanctions & Trade, at FTI Consulting, specialising in international trade compliance. He is based in London.
Overshadowed by deepening rifts between China and Russia on the one hand and the United States, France and United Kingdom on the other, the Permanent Members of the United Nations Security Council are not in a collectively happy place.
Nonetheless, the broader UNSC pursues its programme of work, responding to international emergencies such as the current crises in Ethiopia, Afghanistan, Sudan and Burma/Myanmar, and the ongoing refinement of non-proliferation objectives through UNSC 1540. All these developments feed into national legislation and compliance obligations.
In this presentation, Enrico Carisch and CCSI colleagues Maiko Takeuchi, Thomas Bifwoli and Hans-Jacob Schindler give an overview of major developments at the Security Council in the past year, and consider key touchpoints with national sanctions and export control regimes.
About Enrico: Enrico Carisch is a founding director of Compliance and Capacity Skills International (‘CCSI’). He previously served the United Nations Security Council as a financial and natural resources sanctions monitor.
As 2021 came to a close, it did so on a note of urgency – with many of the world’s tinderbox crises thrown into sharp relief by the sanctions prism: Russia, Ukraine and the West; China and Taiwan; new crisis in Sudan; Tigray’s ongoing woes; Afghanistan in the Taliban grip. Many of these programmes, by dint both of their geopolitical impact and perceived consequences, have generated debate well beyond the compliance community.
The possibility of considerable shake-up in 2022 is a real one, given the state of relations between Russia and the West, and the ongoing JCPOA talks.
In this roundtable discussion, thought leaders, advisers to banks, multinational corporations and other organisations, will reflect on current sanctions programmes, their likely direction of travel, and related issues and impact for 2022.
Moderator: Tom Blass, Editor, WorldECR
In September 2021, following the inaugural meeting of the Trade and Technology Council in Pittsburgh, senior officials from the United States and the European Union declared their intent to ‘coordinate approaches to key global technology, economic, and trade issues; and to deepen transatlantic trade and economic relations, basing policies on shared democratic values.’
The ‘Pittsburgh Statement’ will set the tone of those powers’ endeavours in this regard for years to come, as the TTC forges new tools for promoting economic growth – with an eye on broader global challenges.
WorldECR is delighted that Davide Follador from DG TRADE in the European Commission is available to present on the mission and concrete steps his team is taking to develop rules and policies which touch at the intersection of international trade, technology and security, to set out key shared EU-US concerns, plans for cooperation, and describe the potential consequences for the broader, multilateral community.
About Davide: Davide Follador is Policy Officer – Technology and Security at DG TRADE in the European Commission.
