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This will be a challenging year for export control professionals. The Bush Administration launched an ambitious series of reforms and the Obama Administration is considering further changes to export control laws and policies. These reforms could affect important U.S. markets such as China and India, as well as countries subject to sanctions such as Iran and Cuba, and could result in important changes to defense trade controls. At the same time, enforcement activity remains vigorous with cases focusing on China, deemed exports and countries of transshipment concern, and fines are growing larger as previously enacted penalty increases apply to new cases. It is more important than ever for companies to stay on top of these export controls and sanctions developments. Implementing and strengthening compliance programs must be a priority, despite the world economic downturn.
For over twenty years, PLI's Coping with U.S. Export Controls program has enabled attendees to "get inside" export controls through give-and-take among key officials from the Departments of Commerce, Treasury and State, experienced company managers and lawyers. Export controls and sanctions reach beyond conventional "exports" to include re-exports and shipments of foreign products with incorporated U.S. content, transfers of software, technology and technical data, "deemed exports" to foreign nationals, funds transfers, corporate acquisitions, and facilitation. Increasingly, too, companies with global operations are being affected by other countries' export controls and antidote laws. Companies must be aware of all of the risks they face, their obligations under the laws, and must implement effective compliance programs to protect against costly violations.
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