Export Controls and Cloud Computing: Complying With ITAR, EAR, and Evolving Sanctions Laws

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
International
- event Date
Wednesday, May 31, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide international trade counsel with a review of the compliance challenges with export control and economic sanctions laws for cloud users and providers. The panel will offer best practices to meet the requirements of the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Office of Foreign Assets Control (OFAC) sanctions regulations.
Faculty

Mr. Gershberg's practice focuses on the representation of foreign and domestic clients regarding the application of economic sanctions and export control laws and regulations, including EAR, ITAR, and economic sanctions administered by the OFAC. He also advises clients on their obligations under the antiboycott and anti-money laundering rules. Mr. Gershberg's work in the export control and economic sanctions area includes advocacy before governmental agencies, conducting internal investigations, and preparing voluntary self-disclosures and other legal submissions. He also assists clients in connection with export transactions and enforcement issues, due diligence for M&As, economic sanctions and export control training, determining export jurisdiction and classification, developing compliance plans and providing compliance counseling, and export licensing.

Ms. Baj focuses her practice on export controls and economic sanctions laws and regulations, anti-corruption investigations and compliance, international trade, and security clearance issues. She has represented clients in the aerospace and defense, metals and mining, telecommunications, software, lumber, nuclear, capital equipment, and food processing industries.

Ms. Motazedi counsels global and U.S. companies on international trade matters, including OFAC sanctions, import/export regulations, and navigating the CFIUS review process. Ms. Motazedi’s global experience is highlighted by her work helping clients understand sanctions against a number of countries whose sanctions are constantly evolving in today’s political atmosphere, including Iran, Russia, Cuba and Venezuela, among others. Further, she assists clients with obtaining licenses from governmental authorities, submitting export classifications and commodity jurisdiction determinations for ITAR- and EAR-controlled items, and reviewing potential investments under regulations administered by the Committee on Foreign Investment in the United States.
Description
Storing data in the cloud creates significant legal challenges for companies. Cloud data may be located on servers housed in different countries. As a result, uploading data to a server outside the U.S. is considered an export and may require authorization. The location of the users accessing the information and cloud administrators' nationality also present compliance risks.
The Biden administration has taken actions to further safeguard U.S. technology, including through Commerce Department rules to implement the new information and communications technology and services supply chain transaction review regime.
With the prevalence of storing information in the cloud and penalties for violating ITAR, EAR, or OFAC restrictions potentially severe, companies that use cloud computing services must understand the limitations and requirements when using cloud computing to remain in compliance with export control laws.
Listen as our authoritative panel reviews the U.S. export control and economic sanction laws that impact cloud computing, examines the compliance challenges for cloud users and providers, and offers best practices to meet the ITAR, EAR, and OFAC requirements.
Outline
- Applicable export control and economic sanction laws
- ITAR
- EAR
- OFAC/sanctions laws
- Compliance challenges
- For cloud users
- For cloud providers
- Best practices for compliance
Benefits
The panel will review these and other key issues:
- What is BIS, DDTC, and OFAC guidance on export control compliance for cloud storage and computing services?
- What export control compliance challenges do cloud users and providers face?
- What best practices should cloud users and their counsel employ to ensure compliance with ITAR, EAR, and sanctions requirements?
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