Satellite and Space Export Controls Conference

August 21, 2009 at 9:52 am | Posted in Space Law Current Events | 1 Comment

by P.J. Blount with the blog faculty

U.S. Satellite and Space Export Control Law and Policy Reform Blog points to a conference titled Satellite and Space Export Controls on Friday, October 2, 2009 at the Renaissance Washington DC Hotel, Washington, DC, United States. The agenda:

Agenda

Friday, October 2, 2009

7:30 Registration Begins and Continental Breakfast

8:30 Opening Remarks from the Conference Chair

Franceska O. Schroeder
Fish & Richardson P.C.

8:45 ITAR Reform and USML Changes: The Latest on Congressional and Space Policy Developments, Plans and Priorities

Thomas C. Moore
Professional Staff Member
U.S. Senate Committee on Foreign Relations

Patricia Cooper
President
Satellite Industry Association

Remy Nathan
Assistant Vice President, International Affairs
Aerospace Industries Association

Pamela Meredith – Moderator
Zuckert, Scoutt & Rasenberger, LLP

* Congressional hearings: Results and aftermath
* Balancing national security concerns with industry competitiveness: ITAR-free satellites and their impact on U.S. manufacturers
* Potential changes to the Commerce Control List (CCL)
* Status of the Department of Defense’s re-write of its space policy
* Impact of the new FAR mandating export compliance and increased CFIUS requirements
* Clarifying the DDTC aircraft policy
* The latest on the Commerce Department’s Validated End-User (VEU) program

9:45 Coffee Break

10:00 Controlling Technical Data – from Satellite Manufacturing to the Launch

Dennis Burnett
Vice President Trade Policy & Export Controls, Secretary
EADS North America Defense Company

David Lihani
Vice President, Associate General Counsel
SES Americom, Inc.

Clayton Mowry
President
Arianespace, Inc.

Franceska O. Schroeder- Lead Panelist & Moderator
Fish & Richardson P.C.

* How new DDTC Agreement Guidelines for dual and third country nationals apply to space and satellite contexts
* Costs and benefits of complying with new DTSA monitoring requirements
* Assessing the scope of licenses to determine whether technical data is included or excluded from an authorization
* How to obtain appropriate DDTC authorization for subcontractors, consultants, service providers, and dual national/third country national employees
* Complying with restrictions governing “technical” discussions: Scope of permitted discussions under DSP-5s vs. TAAs
* DTSA restrictions on transfers to foreign nationals in and outside of the U.S.
* Implementing IT & physical controls to enhance ITAR compliance

11:00 Developing an Efficient and Successful Space Licensing Strategy

Anthony M. Dearth
Chief, Missile and Spacecraft Division
Directorate of Defense Trade Controls Licensing
U.S. Department of State

Kent D. Bossart
Senior Advisor
Trade Compliance
Intelsat Corporation

Lonnie Washington
Senior Manager, Export Administration & Empowered Official
Satellite Development Center and Space Exploration
The Boeing Company

Giovanna M. Cinelli – Lead Panelist & Moderator
Patton Boggs LLP

* Impact of new DDTC Agreement Guidelines on licensing, sub-licensing and valuation
* Maximizing TAA and DSP-5 applications: Matching your company’s needs with available types of DDTC authorizations
* Avoiding delays: What to address before filing routine, unusual or potentially controversial requests for export authorization
* When and how the process can be fast-tracked for exceptional waivers/special export authorizations
* Working effectively with DDTC’s Missile & Spacecraft Division
* Reconciling conflicts and overlap between CCL and USML
* Using ITAR 123.27 to export commercial communications satellite systems, components, parts, and associated technical data
* Using ITAR exemptions: When prior DDTC authorization is not required

12:00 Networking Luncheon

1:00 Luncheon Address: DTSA Plans & Priorities

Ramon Garcia
Director, Space Directorate
Defense Technology Security Administration
U.S. Department of Defense

1:30 Preventing Defense Services Export Violations

Maria Akalovsky-Martinez
Manager, Designated Empowered Official
The Boeing Company, Global Trade Controls
Sea Launch Program

Andrew (Andy) Zirkelbach
Vice President and Senior Attorney
Ball Aerospace & Technologies Corporation

Keil J. Ritterpusch
Pierson & Ritterpusch, LLP

* Broad scope of a “defense service”
* How providing publicly available information can amount to a “defense service”
* Defense services associated with commercial and military space parts and components
* Handling defense services related to Commerce-controlled or other commercial items involving space
* Maximizing technical collaboration in the context of satellite manufacturing and a launch campaign why is this here?

2:30 Post-License Implementation: Interpreting and Complying with License Provisos

Michael N. Gold
Director, Washington, D.C. Area Office
Bigelow Aerospace

Gary Stanley
Global Legal Services
PC

* Common license provisos affecting space and satellite industries
* Interpreting license provisos: Determining what is captured, and when to ask the Licensing Officer for clarification
* Getting senior management buy-in to facilitate funding for compliance
* Leveraging your internal compliance tools for meeting provisos and limitations
* How to address unworkable provisos or mistakes in provisos
* Ensuring that license values are not exceeded
* Monitoring and tracking technical data transfers
* Ensuring compliance with license provisos by engineers and technical personnel in the U.S. and abroad

3:15 Networking Refreshment Break

3:30 Negotiating and Managing Collaborative Research Programs: Reconciling ITAR Compliance with Research Objectives

Steve Eisner
Export Control Officer
Stanford University

Quinn Howard
Manager, Export/Import Compliance
ATK Space Systems

John F. Hall, Jr. – Lead Panelist & Moderator
Director, Export Control and Interagency Liaison Division
NASA Headquarters

* Negotiating with universities and research institutes: Key ITAR issues to address toward ensuring compliance
* Employing foreign national researchers: Reconciling restrictions on access and publication with research objectives
* When and how to claim “fundamental research” in your collaborative efforts
* Utilizing ITAR exemptions in facilitating technical data transfers to international and university partners
* Structuring collaborative research programs to facilitate DDTC license approvals
* Tailoring rules of engagement, guidelines and protocols to the collaborative research context
* Working with project managers to assign roles and responsibilities to manage research, IT and physical controls
* Monitoring compliance by international and university partners

4:30 Space Insurance: Maintaining ITAR Compliance while Meeting Policy Obligations

Jeff Cassidy
Chief Operating Officer
Global Aerospace

Darrell J. Putnam, Jr.
Manager, Export Licensing
Space Systems/Loral, Inc.

Robert D. Scheige
Assistant Vice President
Willis Inspace

John Ordway- Lead Panelist & Moderator
Berliner, Corcoran & Rowe, LLP

* Unique features of satellite insurance-related TAAs: New DDTC Agreement Guidelines
* Managing multi-party relationships and discussions to ensure ITAR compliance
* ITAR considerations for insuring ground operations vs. satellite launches: Key differences and factors impacting terms, conditions and premium rates
* When and how often to amend TAAs
* What to do in the event of a satellite launch or in-orbit failure
* Overcoming ITAR compliance challenges in the course of insurance claims and litigation
* How to manage ITAR challenges posed by an insurance investigation

5:30 Conference Concludes
Thursday, October 1, 2009- Pre-Conference Workshops

A : 9:00 a.m. – 12:30 p.m.

The Ins and Outs of Classifying Satellite Parts and Components

Emily Cromwell Meyer
Government Relations and Trade Counsel
Corporate Export Compliance Officer
Aeroflex, Inc.

John Ordway
Berliner
Corcoran & Rowe, LLP

The challenges of determining export jurisdiction for parts and components have multiplied since 1998, when Congress transferred commercial communications satellites “and their related” equipment back to the Department of State. The National Security Council assisted in the jurisdictional clarification process by providing guidance in August of 2001regarding the types of products that would qualify as parts and components, and could be considered to be Commerce-controlled under the statute. Moreover, Commerce and State both published regulations regarding the jurisdictional transfers.

Regardless, questions and issues remain today concerning how to determine jurisdiction, and understand the scope of applicable controls.

Given the critical nature of the US Government’s interest in space, as well as the interest of other foreign governments, the ability to navigate this area remains key to successful business ventures, risk mitigation and the protection of US national security. Using case studies and hands-on examples, workshop leaders will present:

* Determining who has jurisdiction over space-related commodities and technology, and proper classification within USML or CCL
* How to deal with EAR/ITAR items that are similar or are used for comparable applications
* ITAR application to commercial and “dual-use” items
* Pros and cons of a self-determination vs. an official U.S. Government determination
* Identifying activities that may require separate approval
* When to self-classify and when to obtain a CJ
* How to prepare a CJ request
* How much does DOD funding or input matter to classification of space parts and components

B : 1:30 p.m.- 5:00 p.m.

Drafting and Implementing Your Technology Transfer Control Plan (TTCP): Lessons Learned from Sample TTCPs and Real-Life Scenarios

Lt Col Mark Skosich
Space Systems Engineer
Defense Technology Security Administration (DTSA)
U.S. Department of Defense

Kimberly T. Kho-Knee
Director, Government Relations & Licensing
ILS International Launch Services, Inc.

Olga King
Export Compliance Manager, Empowered Official
Jet Propulsion Laboratory

Giovanna M. Cinelli
Patton Boggs LLP

A Technology Transfer Control Plan (TTCP) sets out how a company intends to maintain appropriate controls to ensure that all activities remain within the scope of U.S. export authorizations.

In drafting an effective TTCP, space and satellite companies need to think about how they will address practical challenges faced at the implementation stage, including: (i) how to ensure that all affected persons understand which export-controlled items are involved; (ii) which export-controlled items the company must provide to which foreign entities; (iii) which technology transfer controls will facilitate effective risk mitigation (including how the exporter will secure and export “technical data” and/or ITAR-controlled hardware).

At this must-attend workshop, government, industry and private practice experts will take you through the nuts and bolts of developing and implementing a successful TTCP. The workshop leaders will provide you with sample TTCPs, case studies and practical guidance on how to overcome practical, real life challenges that can jeopardize your company’s compliance status. Don’t miss this invaluable opportunity for enhanced Q & A and interactive discussion that will address your most pressing concerns!

Topics will include:

* Essential elements of a TTCP: Space-related considerations for foreign vs. U.S. companies
* Incorporating DDTC and DTSA expectations into a TTCP
* Nuts and bolts of drafting a TTCP: Key elements and common pitfalls
* How to work with DTSA to prepare your TTCP
* Implementing a TTCP within your company
* Monitoring and assessing the effectiveness of your TTCP
* Scope, extent and frequency of employee training to ensure compliance
* Dealing with TTCP violations: How to respond, who to call at DTSA and under what circumstances
* Conducting electronic communications with the DTSA/Space Directorate via Spacelink