Why Attend This Summit?

The Export Control Law of the People’s Republic of China was approved and took effect in 2020 and the Counter Foreign Sanctions Law was promulgated and took effect in 2021. The white paper “China’s Export Controls” was published recently and includes the four main sections: “China’s basic position on export controls, Ongoing improvements to the legal and regulatory system for export controls, Modernizing the export control system, Promoting international exchanges and cooperation”. All of the above shows that China is paying close attention to export controls and determined to make efforts on its further improvement.

The establishment and implementation of China’s export control system is generated in a complicated and difficult international circumstance. Thus, Chinese enterprises in this context also need to establish and implement an internal export control management program complying with the international environment. Based on this, Ficient Global is going to organize “The 4th Global Export Control (China) Summit”,  inviting experts from well-known law firms and consulting firms, senior export control and trade compliance managers from enterprises to share their insights and practical experience on export control systems, significant global export controls events, as well as determination of issues in practice and current situation of global export controls, etc. The summit will not only help participants have an overall understanding of the global export control systems, but also have a deeper comprehension of compliance revealed by export control knowledges, events and cases, moving the topics from a macro-level into practice, which enterprises can use for their export compliance program in real situations and improve the operation and the development under the current global export control environment.

Who Should Attend?

Managers and practitioners related to export controls

Trade compliance managers/directors, import & export managers, custom affairs managers

Legal managers, project managers, business operations managers

Supply chain managers, purchase managers, logistics managers and material managers

CFO, tax managers, financial managers, sales managers, IT managers

Professionals from law firms, accounting firms and relevant trade consulting institutions, etc.

Import & export enterprises that doing businesses with countries like Iran, Russia, DPRK, etc. that under US sanctions

Chinese enterprises that doing businesses related to American products, having a license to use American technologies and software, hiring American employees and doing businesses inside US

Enterprises that importing products, equipment and technologies from US; Enterprises that manufacturing goods using American technologies or software

Enterprises that invested or have a plan to invest in US

High-tech enterprises, banks and other financial institutions that doing cross-border services

State-owned, foreign-capital, joint venture and private import & export enterprises

Foreign invested production-oriented enterprises

International trade consulting institutions and law firms

Supply chain and logistics service organizations, etc.

August 18, 2022

Thursday

08:30-09:00

Sign-in and Morning Tea

09:00-09:05

Chair’s Welcome and Opening Address

09:05-10:20

Practice and Interpretation of China’s Export Control System

Interpretation of the white paper on China’s Export Controls and current situation of export control system

Legal system of export controls

Duties and obligations of the regulatory agencies/departments

Interpretation of export control system with common problems/key concepts in practice (e.g., How to understand the list? Is it in the scope of control?)

o Overall framework

o Scope of control

o Interpretation of The Catalogue of Dual-Use Items and Technologies Subject to Import & Export  

   License o Administration

o Export of technologies

o Commercial Cryptography

o Case studies on controlled activities

o Main measures on export controls

o Common violations, legal liability and penalties

o Analysis of its influence on enterprises from different industries

o Ongoing modifications and improvements

o Comparation with the main export control systems of other countries

Derrick Zhao     Partner   Fangda Partners

Morning Refreshment and Networking

10:20-10:40

10:40-11:55

Measures on Countering Foreign Sanctions and Interpretation of its Legislation

o Compare with EU’s Regulation 96/2271, Protecting Against the Effects of the Extra-Territorial        

   Application of Legislation Adopted by a Third Country

o Ongoing improvements

China’s measures on countering foreign sanctions and the establishment of legislation

Interpretation of Law of Countering Foreign Sanctions

Sanctions by Ministry of Foreign Affairs of China

Unreliable Entity List

Interpretation of The Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures

How multinational enterprises response to the sanctions and counter-sanctions at the same time?

Practical issues, risks and corresponding measures

Daivd Tang     Partner   JunHe

11:55-13:00

Luncheon and Networking

13:00-13:40

Recent Updates in Export Controls of Asia-Pacific and Discussion on Common Issues in Practice

Modifications of export control regulations in Asia-Pacific countries

Current situation of the economic and trade cooperation and export control enforcement amongst Asia-Pacific countries

Ameeta Verma Duggal     Co-founder    DGS Associates (New Delhi)

13:40-14:20

How Can Digital Technologies Help Companies Ensure More Effective Export Control Compliance

Understand the challenges and risks due to policy changes

Challenges and risks caused by conventional searching methods

How digital technology help export control compliance

Elsa Zhu     Proposition Lead Thomson Reuters China Global Trade Solutions

14:20-15:30

Modification of EU Export Control Regulation of Dual-Use Items, Recent Situation of Blocking Statute and Discussion on Compliance Issues

Regulation EU 2021/821

o Modifications/main changes/comparison between the new and old

o Analysis of the trends of export control enforcement/international cooperation

   (compare with US export control regime)

o Influence of the modification of dual-use items regulation

o Based on the requirements in ICP (EU Guidance on Internal Compliance Programme for Dual-Use  

  Trade Controls), share the specific methods of improving compliance management

o Influence on Chinese enterprises and feasible responses 

   (improvement of compliance management, supply chains, etc.)

Introduction on EU Blocking Statute

o Interpretation of applicable situations

o Application in Chinese enterprises

Sanctions against Russia

Marian Niestedt     Rechtsanwalt    Graf von Westphalen (GvW) (Hamburg)

15:30-15:50

Afternoon Refreshment and Networking

15:50-17:20

Post-Brexit Export Control System of UK, Interpretation and Comparison with EU Export Control Regime, and Overview of  the UK’s National Security and Investment Act

Changes of export control system after Brexit

Influence on import & export activities/licenses of dual-use items

15:50-16:50

o Among England, Scotland and Wales, Northern Ireland, UK and EU

o Between UK/EU and other countries/regions

o Practical issues that enterprises in China need to notice

Changes of export control system after

Brexit Influence on import & export activities/licenses of dual-use items

o Legal system, key governing agencies and their obligations

o Licensing system

o Controlled list

o Export control of military items

o Control of end-use

o Sanctions

Warren Bayliss     Associate Director Risk Advisory  Deloitte LLP (London)

16:50-17:20

An Overview of the UK's National Security and Investment Act and its Implications for Investors

o How the Act will affect foreign acquisitions of UK companies and assets in sensitive sectors

o How the Act will impose as another form of export control

Mike Casey     National Security Partner  Wilson Sonsini (London)

17:20

Chair’s Remarks and Day One Sessions Ending

August 19, 2022

Friday

08:30-09:00

Sign-in and Morning Tea

09:00-09:05

Chair’s Address for Day Two

09:05-10:25

Interpretation of US Trade and  Control Policies from the Perspective of Chinese Enterprises

Updates on US trade policies (export controls and sanctions toward various countries/regions)

US main legislation/policies/measures towards China

US legislation/policies with extra-territorial effects

US control policies that enterprises in China need to know

Current enforcement and trends

Compliance risks

Suggestions on compliance risk management

10:25-10:45

Morning Refreshment and Networking

10:45-11:45

US and China Trade Relationship  Regarding Anti-dumping and  Countervailing Duty Assessments by the US on Chinese Products Including Chinese Products Shipped Through  or Modified in Third Party Countries

Basic Background of Anti-dumping and Countervailing Duty Laws (AD CVD)

o What is AD CVD

o How does AD CVD Work

How US AD CVD Policy and Practice Affects China Exports

Steps Chinese Exports Can Legally Take to Avoid AD CVD When Exporting Directly or Indirectly the US.

11:45-13:00

Luncheon

13:00-14:00

Updates of Hong Kong Export  Controls and Other Trade Policies,  Analysis and Solutions of the  Influence of the Policy Changes

Current US measures on export controls/sanctions/trade related to Hong Kong

Interpretation of Final Rule

o Specific impacts

o Possible compliance disputes triggered by the modification

Prospect of the practice of Law on Countering Foreign Sanctions in Hong Kong Interpretation of Hong Kong-Related Sanctions Regulations

o Contents and its impacts

o Determination and penalties of violations

o License application and its applicable situations

o Compliance risks

o Suggestions on risk prevention/compliance management measures

Lawrence Hanson     Principal   The Law office of Lawrence W. Hanson, P.C. (Houston)

Benjiamin Kostrzewa    Foreign Legal Consultant   Hogan Lovells (Hong Kong, Washington,D.C.)

Lawrence Hanson     Principal   The Law office of Lawrence W. Hanson, P.C. (Houston)

14:00-14:20

Afternoon Refreshment and Networking

From the Interpretation of the "Guiding  Opinions of the Ministry of Commerce on the Establishment of Internal Compliance Mechanisms for Export Control by Exporters of Dual-use Items" and the "Internal Compliance Guidelines for Export Control of Dual-use Items",  Extending to the Establishment of Compliance Mechanisms and Risk Controls in Enterprises

14:20-15:35

Interpretation of Guiding Opinions and Chinese Guidelines with real scenarios

o Three basic principles

o Nine basic elements

o Key takeaways

o Interpretation of applicable scope

o Major involved industries/enterprises

o Possible subsequent updates and development

o Comparison with export controls compliance guidelines of different countrie

Establishment and practice of compliance mechanisms

Compliance risk controls

o Overview/key points/procedure of establishing a compliance mechanism

o How to integrate export control compliance mechanisms with the company’s operation o modules

   and structures, etc.

o How to balance the export control compliance requirements between China and other countries

o Internal: products/business activities/related departments/personnel/work flow

o External: third parties/ counterparties/business partners

o Effective due diligence

o Putting compliance mechanisms into practice with specific tasks

o Common risks

o Risk scan and identification

o How to evaluate risks

o Crisis/investigation response and emergency response

Dolly Zhang    Customs and Global Trade Advisory Service Partner    Deloitte

Zhe Zhao    Senior Export Control Expert    Volvo Cars Asia-Pacific

16:30

Panel Discussion: How to Plan and Carry Out the Specific Tasks of Enterprises’  Export Control Compliance

Take actions that suit practical circumstances, plan the export control compliance tasks based on the features of the enterprises/businesses

Arrange related departments/employees' works in the company, raise awareness of compliance and give detailed directions

Keep a close eye on the updates of the policies and information in export control field

Risk awareness during doing businesses

Risk identification and responses

Routine inspection and verification, and improvement of compliance management

Take trainings/experience of training others

Yi Jiang    Senior ITC Leader    GE China

Vivien Chen    Senior Manager of Professional Service

Thomson Reuters China Global Trade Solutions

Yingjie Kang    Partner    Fangda Partners

Jason Lin    APAC Trade Compliance Director    TE Connectivity

15:35-16:30

Chair's Closing Remarks and Summit Ending

Import & export enterprises that doing businesses with countries like Iran, Russia, DPRK, etc. that under US sanctions

Chinese enterprises that doing businesses related to American products, having a license to use American technologies and software, hiring American employees and doing businesses inside US

Enterprises that importing products, equipment and technologies from US; Enterprises that manufacturing goods using American technologies or software

Enterprises that invested or have a plan to invest in US

High-tech enterprises, banks and other financial institutions that doing cross-border services

State-owned, foreign-capital, joint venture and private import & export enterprises

Foreign invested production-oriented enterprises

International trade consulting institutions and law firms

Supply chain and logistics service organizations, etc.

Managers and practitioners related to export controls

Trade compliance managers/directors, import & export managers, custom affairs managers

Legal managers, project managers, business operations managers

Supply chain managers, purchase managers, logistics managers and material managers

CFO, tax managers, financial managers, sales managers, IT managers

Professionals from law firms, accounting firms and relevant trade consulting institutions, etc.

Why Attend This Summit?

Continuous sanctions against Russia, more interim final rules published, Chinese entities being added to the Entity List… Ongoing issues make global export controls and sanctions full of uncertainty and risks. Meanwhile, China never stops improving the export control system and anti-sanction measures. The changing situations and policies have a great impact on enterprises’ work such as export & import and supply chains, etc. Therefore, compliance managers are facing new difficulties and challenges.

Based on this, Ficient Global will hold “The 5th Global Export Control (China) Summit”. Experts from renowned law firms and consulting firms, as well as senior trade compliance managers in export control from enterprises will be invited as speakers. The summit will not only talk about hot topics and policy updates to help participants understand the current situation and trends of global export control and sanctions, but also discuss practical problems that closely related to the daily work of trade compliance practitioners and try to analyze details and share solutions. Seeing the big picture and focusing on practical topics, participants will obtain higher and deeper knowledge in practice to improve companies’ operation and development under the current international environment.

Who Should Attend?

April 20, 2023

Thursday

08:30-09:00

Sign-in and Morning Tea

09:00-09:05

Chair’s Welcome and Opening Address

09:05-10:20

Morning Refreshment and Networking

10:20-10:40

10:40-12:15

Outline and interpretation of main control lists (entity list/MEU list/UVL list/SDN list...) 

Outline and interpretation of main rules (FDP rules, EAR cases, 50% rules) 

Interpretation of the events about “Entity List” 

How to respond to the frequent updates of the lists 

Difficulties, calculation, complexity analysis and precautions in practice

12:15-13:15

Luncheon and Networking

13:15-13:45

Current Situation of China’s Export Control Systemms (Draft for Feedback)

13:45-14:30

Analysis of Current Situation and Trends of China Export Control, and Key Points in Export Control Practice for Chinese Enterprises

Interpretation on Export Control Law of China, Export Control Regulations for Dual-Use Items (Draft for Feedback)

Afternoon Refreshment and Networking

16:45

Chair’s Remarks and Day One Sessions Ending

April 21, 2023

Friday

08:30-09:00

Sign-in and Morning Tea

Chair’s Welcome and Opening Address

09:05-10:20

Items subject to the EAR 

Determining whether a license is required 

Export control license application 

Deemed exports, re-export, and re-transfer 

Export Compliance for non-U.S. companies 

Consequences and penalties for non – compliance

Morning Refreshment and Networking

12:25-13:25

Luncheon and Networking

14:45-15:05

Afternoon Refreshment and Networking

16:30

Chair’s Remarks and Day Two Sessions Ending

Sharing of Enterprises’ Compliance Screening of Export Control in Practice

Apart from Export Control, Other Common Sanction Measures and Related Events that Chinese Enterprises Need to Notice

Introduction and Interpretation of common sanction measures 

The logic of enforcement 

The risks of being sanctioned 

Risks need special attention for Chinese enterprises 

Related events/case studies

o Risks in various areas 

o Current situation of the establishment of internal export control compliance mechanisms of Chinese enterprises

Suggestions for Compliance Screening of Export Control in Practice

15:00-15:20

14:30-15:00

Introduction of the Export Control Regime of Japan and South Korea and the Updates of Export Control /Sanctions Implementation

Rules and regulations updates 

Current implementation updates and the key points 

Control lists 

Coding rules 

End use and end user control 

Licensing 

Case studies involve Chinese entities 

Inspirations for Chinese enterprises 

Measures related to US 

Measures against Russia and other major countries

15:20-16:45

Current Situation of China’s Anti-sanction Measures and Analysis of Future Trends

Main laws and regulations 

Main anti-sanction measures 

Implementation updates 

Recent relevant events/case studies 

Potential problems in practice: e.g., balance between sanctions and anti-sanctions 

Analysis of trends of regulation development and strengthening measures 

Additional discussion: Inspirations brought by other major countries’ anti-sanction measures

09:00-09:05

10:20-10:40

10:40-11:55

Discussion on the Risks Prevention, Solutions and Practical Problems of Queries/Investigation Related to Export Control/Sanction (mainly US)

Case study-U.S. Export Control Licensing System from a Practical Perspective

Situations that trigger queries/investigation and case studies 

Current implementation of queries/investigation 

Possibly relevant “Declaration”, and its effects, scope of usage scenario, precautions
“Edge line”/ “scale” that worth discussion, and potential problems (scope of due diligence, extent of cooperation) 

Prevention methods and precautions could be done in daily work

Case Studies and Practical Problems of Chinese Companies Dealing with the Compliance Risks Related to Other Countries’ Export Control/Sanctions (mainly US and EU)

Explain common risks such as end use and end user by cases 

Methods and practical cases of risk identification /screening 

Policies can be used to reduce risks: licence application, licence exemption… 

Practicable methods and precautions: due diligence, training, internal audit, emergency response 

Potential risks may be triggered in various work of different departments: e.g., purchase, logistics, sales, research and development, contracts…

Panel Discussion: Practical Problems and the Solutions in Risk Prevention and Compliance Management of Export Control/Sanctions

15:05-16:30

Interpretation of the overall environment and current implementation of China and other countries’ export control/sanctions 

Cases studies: Analysis and conclusion of the common risks and mistakes in daily work

How to balance the export control policies between China and other countries

Factors to consider and precautions during the implementation of risk prevention measures such as due diligence and internal audit

How to coordinate, guide and manage enterprise's internal/external resources

How to efficiently sort out and implement the complicated and detailed work: e.g., ECCN classification, frequent updates of the lists/policies

How to grasp the scale and core of compliance management based on enterprise’s own circumstances

Industries and businesses to pay special attention now and in the future

Interpretation of Main Export Control /Sanction Lists and Rules by Case Studies (mainly US and Russia related)

Olga Torres   Founder and Managing Member 

Donna Wedgeworth   Senior Trade Advisor Torres Trade Law (U.S.)

Yi Jiang    Senior ITC Leader    GE China

o Common risk signals (an introduction of partners’ risky practices) 

o Comprehensive risk evaluations (evaluate the risks thoroughly based on the company’s internal situation, 

   including products and partners) 

o A full picture of export control business (purchase, manufacture, sales and shipment, logistics, payment) 

o Compliance risks and the construction of compliance systems (compliance concerns in different  steps 

   including R&D, purchase, sales, etc.) 

o Examples of compliance screening (sales and shipment)

Grace Zhang    Product Manager   LONGNOWS

o Key articles and related practical problems 

o Definitions/descriptions to be clarified and their meanings in practice Self-compliance under 

   regulations of China’s export control

How to balance between China and other countries’ export control requirements and potential contradictions 

Compliance risks/possible difficulties in compliance management
Future developments worth attention: Control list, code… 

Industries to notice now and in the future

Feng Wang   Partner   Zhong Lun Law Firm

Japan Section

Takuro AWAZU     Partner     CITY-YUWA PARTNERS (Japan)

Kevin Cai    Senior Partner   Dentons Law Firm

Aida Dismondy

Export Controls & Government Contracts Counsel/Founder Dismondy, P.C. (U.S.)

Dolly Zhang  Partner   Deloitte (Shanghai)

Suzanne Kao Principal, Global Export Controls & Sanctions Leader Deloitte (Australia)

Introduction of the Export Control Regime of Japan and South Korea and the Updates of Export Control /Sanctions Implementation

Rules and regulations updates 

Current implementation updates and the key points 

Control lists 

Coding rules 

End use and end user control 

Licensing 

Case studies involve Chinese entities 

Inspirations for Chinese enterprises 

Measures related to US 

Measures against Russia and other major countries

Korea Section

Matthew Choi  Manager - Global Trade Advisory Deloitte (Australia)

11:55-12:25

13:25-14:45

Asta Nie     Partner     PwC

WangQi     Manager     PwC

Michael Jiang      Managing Partner      NH International (Moderator) 

Nina Lei      Asia Trade Compliance Senior Manager

 Flextronics Information Technology (Shenzhen) Co, ltd

Bryce Wu     Global Trade & Compliance Director,Asia Pacific and Japan     Dell

 

Uni Li       Compliance Director      Alibaba

Jason Lin   China Customs Director Global Trade Compliance ThermoFisher Scientific