ACSS D.C. Chapter

?? Episode 3 - When Export Control Loopholes Create Liability Pitfalls ?? In our latest Red Flags Rising podcast episode, Brent Carlson and I revisit Brent's original August 25, 2023, "Fresh Looks" post, "When Loopholes Create Liability Pitfalls: A Fresh Look at Export Controls." ?? Focusing on loopholes--and whether they are really loopholes at all--is all the more important today. We are less than two weeks away from the the America First Trade Policy's April 1 deadline for the Secretaries of State and Commerce to "assess and make recommendations regarding how to maintain, obtain, and enhance our Nation’s technological edge and how to identify and eliminate loopholes in existing export controls," more here: https://lnkd.in/ezkzgcBB ??? In Episode 3, we discuss what inspired Brent to write the article (00:40), the Inspur Group controversy (05:38), what legacy perspectives were missing about the compliance and enforcement risks (08:25), parallels to U.S. Foreign Corrupt Practices Act enforcement (12:16), why Mike initially hated Brent's article ?? (13:19), how the risks that Brent highlighted in August 2023 are still relevant today (17:29), and the key takeaways for trade compliance professionals (18:29). ???? We conclude with the return by popular demand of Brent Carlson's "Managing Up" segment on what trade compliance should explain to stakeholders, management and boards about the risks identified in Brent's article (20:41). ?? Brent's original "Fresh Looks" Post: https://lnkd.in/eRyJ52Sc ?? Check out the entire "Fresh Looks" series and subscribe for future updates here: https://lnkd.in/ewxj_CKU Many thanks to the NYU Program on Corporate Compliance and Enforcement, Jennifer Arlen, and Joseph Facciponti for hosting our "Fresh Looks" series! More to come. Apple Podcast: https://lnkd.in/ec6jJMNg Spotify: https://lnkd.in/ejXYhyPv RSS: https://lnkd.in/er4Fz7NX #redflagsrising #exportcontrols #complianceofficers #boardsofdirectors #generalcounsel

?? Check out Ian Cohen's reporting on Howard W. Lutnick's remarks yesterday ?? ?? Ian provides further detail and context to complement the Red Flags Rising podcast that Brent Carlson and I did yesterday, available here: https://lnkd.in/eQhBHhq6 ?? How to re-assess your compliance and enforcement risks in light of the Secretary's remarks? Check our our "Fresh Looks" series on everything from risk assessments to responding to BIS outreach here: https://lnkd.in/ewxj_CKU #exportcontrols #AI #complianceofficers #generalcounsel #boardsofdirectors

?? Episode 2 - Lutnick: "We Have Had Enough" In Episode 2 of our Red Flags Rising podcast, Brent Carlson and I discuss the Secretary of Commerce's comments from the Bureau of Industry & Security's "Update" Conference in Washington, DC that started today. ?? We highlight Secretary Lutnick's statement that he would take a hard line against China (02:18), including a "dramatic increase" in enforcement (04:01) and fines (13:45). In the returning segment "Brent Carlson's Managing-Up," Brent identifies key takeaways for trade compliance professionals to share with stakeholders, management, and boards (15:31). ?? As always, check out our "Fresh Looks" series for more: https://lnkd.in/ewxj_CKU #exportcontrols #artificialintelligence #boardsofdirectors #generalcounsel #complianceofficers

?? Episode 1 : ?? DeepSeek's Deep Impact on Export Controls Check out Episode 1 of the brand new Red Flags Rising podcast ?? Brent Carlson and I discuss the concept and purpose of the pod (00:00), a recent report by Gregory C. Allen of the Center for Strategic and International Studies (CSIS) on "DeepSeek, Huawei, Export Controls, and the Future of the U.S.-China AI Race" (linked below) (01:43), the report's emphasis on backing strong regulations with strong enforcement (04:49) and the recently rediscovered "high probability" knowledge standard under the U.S. Export Administration Regulations (06:50), whether and how the Commerce Department's enforcement capability is impacted by recent policy and personnel decisions (11:00), parallels to the U.S. Foreign Corrupt Practices Act (13:54), and conclude with the first-ever "Brent Carlson on Managing Up" segment, providing practical tips on what trade compliance professionals can do to explain to stakeholders, the c-suite, and boards the value proposition of export controls compliance today (19:43). ?? Gregory C. Allen's Report: https://lnkd.in/eczNPCWF ?? Check out our "Fresh Looks" series here: https://lnkd.in/ewxj_CKU Apple Podcast Link below RSS: https://lnkd.in/eShA2YKK Spotify: https://lnkd.in/e9D47BPh

Join the ACSS D.C. Chapter for a Post-Election Aftermath: Implications for Sanctions & Export Controls ?? February 13, 2025 | 5-8 PM EST? ?? Hosted by Hughes Hubbard & Reed LLP,?Washington DC Speaker:? - Kimberly Donovan?| Director, Economic Statecraft Initiative, GeoEconomics Center | Atlantic Council - Dana W. White?| Managing Partner | Juno Collective - Charles Skuba?| Professor of the Practice Emeritus, Georgetown University McDonough School of Business Discover what’s next for global compliance in a shifting political landscape. Expert policy analysts will provide actionable insights on anticipated changes and their impact on your compliance strategy for 2025. Why Attend? ?? Network with DC's top sanctions professionals ?? Gain exclusive insights for 2025 ?? Get ahead in shaping your compliance roadmap Priority registration for ACSS members. Government officials are welcome. Register now:?https://lnkd.in/e3Nm8RwH Carol Beaumier, David Kostelansky, Dennis Krepp, Peter Grigg, Michael Huneke, Anna S., Eliana Sanabria Galvis, Saskia Rietbroek, CSS #ExportControls #Compliance #ACSS #DCEvents #ACSSDCChapter #ACSSChapter

?? EXCLUSIVE ACSS WEBINAR: Inside OFAC's Whistleblower Program Don't miss this crucial session on November 21st featuring senior officials from OFAC and FinCEN discussing Treasury's expanding whistleblower reward program - a game-changer for sanctions compliance. ?? Expert Insights From: Nora Gvozdov - OFAC Enforcement Division Section Chief Nell Williams - FinCEN Office of the Whistleblower Senior Officer Jason Zuckerman - Leading Whistleblower Law Expert Moderated by: Ivy Llena, ACSS ? When: November 21, 2024 ?? Times: 9:00 AM NYC, 2:00 PM London, 3:00 PM Amsterdam Join ACSS today to access this members-only event: https://lnkd.in/e6bTC2rZ Anna Sayre, CSS, Eliana Sanabria Galvis Saskia Rietbroek, CSS #SanctionsCompliance #OFAC #FinCEN #RegulatoryCompliance #AML #ComplianceTraining #ACSS

?? "High probability" enforcement (& compliance) comes to Treasury in the final outbound investment rule ?? ?? Lots to unpack, but the final rule (attached) retains the "awareness of a high probability" standard from the earlier Proposed Rule. ?? Check out in particular the discussion on pages 99-100, highlighted in the attached version. ???? The result? For outbound investments, U.S. persons that have an "awareness of a high probability" of problematic facts' or circumstances' "existence or future occurrence" can be found in violation of the rule. ???? What to do? Per the rule, conduct a "reasonable and diligent inquiry." Otherwise, "A U.S. person that has failed to conduct a reasonable and diligent inquiry by the time of a given transaction may be assessed to have had reason to know of a given fact or circumstance, including facts or circumstances that would cause the transaction to be a covered transaction." The Final Rule notes that by adding an "awareness of a high probability" to the definition of knowledge, it is adopting a standard consistent with the definition of knowledge under the U.S. Export Administration Regulations--the same standard that also exists under the U.S. Foreign Corrupt Practices Act. Just like under the FCPA, the "high probability" standard presents opportunities not only for enforcement but also for compliance, inviting forward-thinking investors to adopt risk-based methodologies to make and defend what will be inherently subjective judgment calls. Happy to compare notes on this anytime, along with my frequent collaborator Brent Carlson. Check out our prior articles on the "high probability" standard and the challenges--but also opportunities--it presents here: https://lnkd.in/ewxj_CKU #sanctionscompliance #highprobability #generalcounsel #boardsofdirectors

Looking forward to speaking on Oct. 24 at the Association of Certified Sanctions Specialists' 6th Annual Conference ?? Also glad to be representing the ACSS D.C. Chapter there! #exportcontrols #sanctionscompliance #exportcompliance