Interview
with Jennifer Maki, Counsel Government Group at FLUOR
In August 2009, President Obama directed a broad-based
interagency review of the U.S. export control system, with the goal of
strengthening national security and competitiveness of key U.S. manufacturing
and technology sectors. As a result, the Administration
launched the Export Control Reform Initiative (ECR Initiative), which will
fundamentally reform the U.S. export control system. Understanding requirements and implementing
best practices for export compliance is essential for avoiding International
Traffic in Arms Regulations (ITAR) violations.
marcus evans spoke to Jennifer before the upcoming
3rd Annual Advanced ITAR Compliance Conference.
In her presentation, Ms. Maki will discuss global agreements and advancements
surrounding technical assessment agreements (TAA). She will also explain the
impact of the ECR initiative on TAAs and the implications for the international
trade industry.
Jennifer Maki works as counsel in the areas of export controls
and economic sanctions, including the Office of Foreign Assets Control (OFAC),
Export Administration Regulations (EAR), International Traffic in Arms
Regulations (ITAR), Foreign Corrupt Practices Act (FCPA), Foreign Trade
Regulations (FTR), and the National Industrial Security Program (NISP).
How
did you get your start with ITAR compliance and how has the industry evolved
since that time?
Jennifer
Maki: I began working in the area of export controls and
economic sanctions when I was a second year associate at a large law firm. I
really enjoyed the tie between foreign policy initiatives and the regulations.
As an associate, I was responsible for understanding the facts and details of
large segments of investigations and business development matters for our
clients.
The biggest evolution over the last few years has really
been the increased awareness of the ITAR and related export control
regulations. Big and small companies are becoming increasingly aware of the
importance for export compliance. Small companies will receive export
compliance certifications and reach out to large business partners or outside
counsel for advice on the application of these regulations to their business.
Medium sized companies will engage in classification exercises to expand sales
of their products to new overseas markets. Large corporations are increasing
their export compliance ranks to ensure their diverse business lines are
compliant with the regulations, and to manage their global business networks.
What
recent changes to export controls have created the biggest challenge for you
and are there any changes on the horizon that you would like to know more
about? (Second point is a
stretch for this question, but it is one of the
challenges we are facing)
JM: The
ITAR Section 126.18 exemption has directly impacted our management of foreign persons
on large overseas projects. Specifically, Section 126.18 was amended to modify
the requirements for giving foreign persons access to technical data and
defense articles. This exemption has changed our management of the foreign persons
and their subcontractors working on large overseas contracts.
Additionally, with the issuance of new consent
agreements by DDTC, companies are constantly working to read and interpret the
agreements to identify areas of concern that the regulators are focusing on.
The constant challenge of addressing soft areas in a company’s compliance
program can be difficult. Each problem
needs a different solution. As a result, companies use the information in the
consent agreements published each year to make adjustments and improvements to
their systems.
Why
should professionals be interested in knowing more about TAAs and what do you
believe is the main challenge organizations face when going through the
application process?
JM:
Every
company is different and every project, contract, or business line within a
company can be different. As a result, each technical assistance agreement that
a company uses is different. The challenge
for a company may be to address new and changing needs as the business or
project evolves. One project may involve
a large host country national work force that will receive and have access to
defense articles and the foreign persons will be trained to maintain and repair
the defense articles. Another project, and separate TAA, may need certain
authorization to exchange technical data for assembly and production that will
be completed by foreign persons, and involve few, specialized other country nationals
working in the U.S.
Each situation presents new and different regulatory
concerns. As a result, one of the biggest challenges is ensuring that your TAA
is not an off-the-shelf item. Rather, the creation of your TAA will require
close cooperation between business management, controls, human resources,
subcontractors and third parties, and experienced export compliance counsel.
How
is the role of technology expanding within ITAR Compliance? Why should
organizations be concerned with knowing more about the current status of
Technology Controls and Electronic Data Transfers?
JM:
The
oversight and control of technical data in a corporation is challenging. For
global companies with multinational work forces, this challenge is even greater
when trying to manage access to export-controlled technical data. Sophisticated
companies have robust systems and controls with capabilities to isolate the
export-controlled technical data on the physical company networks.
For companies that are new to export compliance, or are
in the process of developing systems that are capable of managing access to
export-controlled technical data, technology transfers and electronic data
transfers are a concern. These companies may have a system with limited access
controls and are working to develop solutions for the prevention of deemed
exports to a multinational workforce. The development of a system capable of
managing access to export-controlled technical data, technology transfers and
electronic data transfers is a key component of a company’s export compliance
program.
What do you believe attendees can gain most from
attending this event?
JM:
Conferences
are a fantastic resource for any professional working in the area of export
compliance. The opportunities that are presented at the marcus evans
conferences are limitless. Attendees will learn from their industry peers,
while sharing and exchanging ideas about achieving export compliance management
within their companies. Regardless of your role in a company’s export
compliance system, no one person can be aware of all export compliance
regulatory updates, challenges or advances at a given time. This event is an
opportunity to benchmark with your colleagues and hear how others are
navigating the obstacles associated with export compliance.
For more information please contact Michele Westergaard,
Senior Marketing Manager, Media & PR, Marcus Evans at 312-540-3000 ext.
6625 or Michelew@marcusevansch.com.
About marcus evans
marcus evans
conferences annually produce over 2,000 high quality events designed to provide
key strategic business information, best practice and networking opportunities
for senior industry decision-makers. Our global reach is utilized to attract over
30,000 speakers annually, ensuring niche focused subject matter presented
directly by practitioners and a diversity of information to assist our clients
in adopting best practice in all business disciplines.
Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . Jeff is an accomplished writer of non-fiction books, novels and periodicals. He also owns Red bike Publishing. Published books include: "Get Rich in a Niche-Insider's Guide to Self Publishing in a Specialized Industry" and "Commitment-A Novel". Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training" See Red Bike Publishing for print copies of: Army Leadership, The Ranger Handbook, The Army Physical Readiness Manual, Drill and Ceremonies, The ITAR,and The NISPOM
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