November 12 (In-person Event) | November 19-21 (Virtual Panels)
In keeping with tradition, we are pleased to invite you to our annual Global Year-End Review of Import/Export & Trade Compliance Developments Conference. The conference will provide valuable insights on the latest developments, challenges and opportunities in the ever-changing landscape of international trade.
We are holding this conference in a split-hybrid format, with an in-person event in Santa Clara, CA, on November 12 and virtual panels on November 19-21. Please see details below. Precise topics may vary depending on developments closer to the event.
November 12: In-person Event
Join us for a crucial fireside chat post-US presidential election on “Navigating the Future of US-China Commercial Relations” featuring Kyle Sullivan, Vice President, Business Advisory Services, US-China Business Council (USCBC).
The fireside chat will be followed by two panels, one exploring evolving trade-related risks and mitigations in M&A transactions, including in-house perspectives on due diligence tips, implications of the proposed outbound investment regime and more, and the second involving a discussion around escalating global sanctions enforcement and investigations, including geopolitical drivers behind increasing cyberattacks, tackling product diversion risks and handling cross-border investigations.
Learn from our speakers and equip yourself with the knowledge to make informed decisions and gain a competitive edge in the evolving global market. Please note that space is limited for the in-person event, so we encourage you to register now using the button below if you plan to attend.
In-person event details
Date: Tuesday, November 12
Time: 8:30 am to 1:30 pm PT (Panel discussions followed by networking lunch)
Location:
Hyatt Regency, Santa Clara, California
1st floor, Cypress Room
5101 Great America Pkwy
Santa Clara, CA 95054
Register for this in-person event
Agenda
Registration
8:30 – 9:00 am PT
Welcome and Introduction
9:00 – 9:05 am PT
Conference Co-Chairs: John McKenzie and Alison Stafford Powell
Fireside Chat: Navigating the Future of US-China Commercial Relations
9:05 – 10:05 am PT
SPEAKERS: John McKenzie (Moderator), Kyle Sullivan (VP, Business Advisory Services, US-China Business Council)
In this session, Kyle Sullivan of the US-China Business Council will discuss the challenges and opportunities for conducting business in China in the context of China’s changing domestic policy and political environment and the US-China bilateral relationship post-election. He will also touch on related themes emerging from USCBC’s recently-published 2024 Member Survey.
M&A Insights: What’s Ahead? Tales from the Front Lines
10:10 – 11:10 am PT
SPEAKERS: Aarthi Belani (Moderator), Alison Stafford Powell, Brent Nesbitt (Group Director & Associate General Counsel, Cadence Design Systems), Ada Loo (Senior Group Director & Associate General Counsel, Cadence Design Systems), Rod Hunter, Chandri Navarro
Geopolitical tensions are increasingly driving regulatory shifts that can significantly impact the scope and conduct of M&A due diligence, as well as the feasibility and attractiveness of cross-border deals from the export control, sanctions, customs, forced labor and national security perspective. In this session, with the benefit of critical in-house perspectives from guest speakers, Brent Nesbitt and Ada Loo of Cadence Design Systems, we will explore the implications of geopolitical risks on investment decisions, how to tackle these risks in the due diligence, negotiation and post-acquisition phases, best practices and lessons learned.
Networking break
11:10 am – 11:25 am PT
Navigating the Impending Global Sanctions Enforcement Storm
11:25 am – 12:25 pm PT
SPEAKERS: Nicholas Arico, Kerry Contini, Geoff Martin, Ben Smith
Global sanctions investigations and enforcement are on the rise. To better anticipate and navigate these risks, companies need to understand the evolving threat landscape in which these investigations arise, how to mitigate the risk of an enforcement action, increasing regulator expectations for the conduct of investigations and disclosures, and the role of technology and data in detecting and preventing potential violations. This session will cover all this, as well as insights on economic espionage behaviors from a former FBI Cyber Special Agent, and provide valuable insights into best practices and lessons learned from successfully navigating these complex issues in cross-border investigations.
Networking Lunch
12:30 – 1:30 pm PT
November 19-21: Virtual Panels
In addition to the in-person panel morning event on November 12, we will host virtual sessions on Tuesday, November 19, Wednesday, November 20 and Thursday, November 21, comprised of three substantive sessions each day at 8:30 am, 12:30 pm and 3:00 pm PT featuring speakers from all corners of our Global Trade Team.
Gain valuable insights from our international trade compliance lawyers from around the world as we delve into critical topics shaping the future of trade, including sanctions, export controls, import and customs compliance, trade remedies, enforcement mechanisms and more.
Please click on the “Register for this session” buttons below to sign up for the virtual sessions you would like to attend.
Tuesday, November 19 | Day One
Global Sanctions Developments and Trends
8:30 – 9:45 am PT
SPEAKERS: Alison Stafford Powell (Moderator), Janet Kim, Alex Lamy, Ben Smith, Derk Christiaans, Julia Webster
- Sanctions policies and priorities following the year of elections
- Key sanctions developments: including Russia/Belarus, sanctions implications of the Israel/Hamas conflict, Iran, Venezuela, Cuba, cyber sanctions and more
- Expansion of internet-based services authorizations and sanctions implications for SaaS
- Canada’s new sanctions civil enforcement regime and mandatory reporting
- Multilateral alignment and guidance
Export Control Developments in the US, EU and UK, including Advanced Technologies
12:30 – 1:45 pm PT
SPEAKERS: John McKenzie (Moderator), Alison Stafford Powell, Paul Amberg, Derk Christiaans, Ben Smith, Alexander Ehrle
- China-focused export control developments
- Semiconductor controls in the US, Netherlands, Canada, and Japan
- Proposed US person controls in connection with military, military support, intelligence and foreign security end user/end uses
- EU/UK export control developments; new EU dual use updates
- Export control positions on cloud/SaaS and the Remote Access Security Act
China’s Trade Developments
3:00 – 4:15 pm PT
SPEAKERS: John McKenzie (Moderator), Frank Pan, Vivian Wu, Ivy Tan, Tina Li
- Update on Chinese retaliatory sanctions and enforcement trends
- MOFCOM’s recent Unreliable Entity List investigations – triggering factors; recommendations for responding to MOFCOM investigations; cautions in responding to MOFCOM
- New export controls on critical materials, their practical implications for supply chain sustainability
- Cybersecurity rules update from market entry and supply chain perspectives
- Counter-espionage law amendment and national security-related enforcement’s implications for trade due diligence and internal investigations
- Cross-border data transfer statutory requirement update and implications for internal and external investigations
- Customs audit trends and voluntary disclosure update
Wednesday, November 20 l Day Two
Customs and Import Developments (US, Canada, Mexico, EU, UK)
8:30 – 9:45 am PT
SPEAKERS: John McKenzie (Moderator), Chandri Navarro, Jenny Revis, Nicole Looks, Adriana Ibarra-Fernandez, Julia Webster, Christine Streatfeild, Arnoud Willems
- Duties on imports from China imposed by the US, EU and Canada, including chips and EVs
- Country of origin requirements/developments and TAA implications
- USMCA updates
- EU: Planned revamp of EU customs legislation by 2035
- Customs enforcement trends and practices, including UFLPA enforcement
- Section 301 updates and anti-dumping investigation trends in the US
- Trade remedies updates & mitigating risk of anti-dumping duties and systematically identifying opportunities to obtain protection from ADD/CVDs
Supply Chain Due Diligence (Forced Labor, Military End Use/End User and ESG Due Diligence and Risk Mitigation)
12:30 – 1:45 pm PT
SPEAKERS: John McKenzie (Moderator), Eunkyung Kim Shin, Patrick de Laperouse, Jenny Revis, Alexander Ehrle
- Supply chain mapping, due diligence and risk mitigation – tackling list-based, end-use and diversion risks, UFLPA due diligence, harnessing AI
- Mitigating local law risks associated with supply chain/UFLPA due diligence
- Securing the release of products detained by CBP
- EU supply chain due diligence developments
- ESG impacts on supply chain, new EU deforestation regulation, CBAM
Global Enforcement Trends and Investigations
3:00 – 4:15 pm PT
SPEAKERS: Alison Stafford Powell (Moderator), Terry Gilroy, Tristan Grimmer, Kerry Contini
- Updated DOJ expectations for corporate compliance programs
- OEE dual-track voluntary disclosure policies, changes to charging and penalty determinations, including implications of failure to disclose as an “aggravating factor”
- Additional expectations with arrival of new Chief of Corporate Enforcement at BIS
- Enforcement guidance, including OEE diversion risk guidance; BIS diverters list; Tri-and Quint-Seal Compliance Notes
- International enforcement collaboration
- New EU/UK enforcement powers and approaches, including EU anticircumvention measures, new UK civil enforcement powers for OTSI, new monetary penalties, strict liability, EU criminalization of offenses, etc.
- Case study: Investigating potential diversion of your products – using trade and customs data and how to mitigate diversion risk
- Handling whistleblower complaints, investigative journalism and other third party triggers for enforcement; auditors – handling such inquiries
- Grappling with multiple enforcement agencies and across jurisdictions
- Key cases
Thursday, November 21 l Day Three
Evolving National Security-Driven Trade Risks and Rules
8:30 – 9:45 am PT
SPEAKERS: Alison Stafford Powell (Moderator), Janet Kim, Lothar Determann, Daniel Andreeff
- Anticipating the outbound investment regime under EO 14105 for “China-connected” investments
- Recent ICTS actions and mitigations
- AI reporting and related developments, including IaaS/Cloud infrastructure provider reporting rules
- Controls over data – protection of sensitive personal data/bulk data transfers
- Government procurement implications
LATAM Trade Developments (Mexico, Brazil, Argentina, Colombia, Peru)
12:30 – 1:45 pm PT
SPEAKERS: Alison Stafford Powell (Moderator), Jose Hoyos-Robles, Francisco Negrao*, Alessandra Machado*, Juan Lopez, Esteban Ropolo, Gonzalo Bernal
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
- Geopolitical situation in the Latin American region
- Foreign Trade Audits
- Tariff Changes
- Trade Remedies
- Free Trade Agreements in Latin America
- Country-specific trends and developments
APAC Trade Developments (Japan, Australia, ASEAN, Taiwan)
3:00 – 4:00 pm PT
SPEAKERS: John McKenzie (Moderator), Anne Petterd, Junko Suetomi, Ivy Tan, Louis Hsieh, Kristine Anne Mercado-Tamayo
- Country-specific developments, including:
- New Vietnam Decree on Civil Encryption Products
- Philippines customs laws
- Australia’s increased enforcement
- Latest customs audit hot topics, enforcement trend and common compliance pitfalls
- Recent FTA developments
- Supply chains and circumvention risks
If you’re unable to attend but wish to receive materials, please send us your request.
Virtual One-to-One Meeting Request
If you would you like to arrange a 20-minute virtual one-to-one session with one of our international trade attorneys, please complete this form and indicate the topic or question you’d like to discuss. We’ll contact you to schedule a convenient time to meet.
Questions?
For questions, please contact Anna Discutido.
CLE, CPE, CPD, CCS, MCS, CES, MES Credits Pending