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Agenda 2020

Registration & Breakfast

Chair’s Opening Remarks

Randy Cook, Senior Managing Director, Ankura Consulting Group

Understanding CFIUS enforcement priorities post-FIRRMA to prepare for future regulations

A deep-dive into the tightened regulations on investment practices aimed towards TID businesses to inform, update, and advise companies on what they can do to not miss out on valuable investment opportunities.

  • Providing thorough analysis of new CFIUS rules and updates to FIRRMA
  • Discussing steps to take to ensure your business remains compliant
  • Determining how new enforcements will affect your business
Senior Treasury Official, US Department of the Treasury

Defining “Sensitive Data” through the Eyes of Regulators to Determine Who Will be Affected

Does your company maintain or collect, directly or indirectly, sensitive or personal data of US citizens? If so, then you will most likely be impacted by new CFIUS rules. Learn what you can do to protect your customers and ensure information isn’t getting into unwanted hands. Takeaways:

  • Addressing various levels of data to determine what warrants protection
  • Ensuring proper measures are taken to safeguard important information
  • Sharing solutions on how to protect data and keeping sensitive information in-house

Break

It’s Critical! Determining What Constitutes Critical Technology, Infrastructure, and Data to Better Prepare for Potential CFIUS Enforcements

Get informed on the expanded number of companies and expanded technologies that now fall under CFIUS ruling and what you can do to stay on top. Takeaways:

  • Reviewing the types of information the government is looking to control/protect
  • Deciphering what companies play the biggest role in these fields and how they will be affected
  • Brainstorming strategies that protect controlled technology, but also allows companies to grow and flourish outside their borders

Location is Everything: Understanding Critical Infrastructure and “Covered Real Estate” as Defined by Regulations

Learn why the government is ademet on protecting important infrastructures such as airports, data hubs, and military basis and see how it affects property rights. Takeaways:

  • Exploring real estate transactions to establish which companies will be subject to CFIUS review
  • Highlighting the reasoning and importance of protecting specific US locations
  • Strategizing how to make a seamless transaction from a restricted environment to a non-restricted environment

Lunch

Addressing the Impact and Reacting to an Enforcement Action

How will an enforcement action affect your business? Learn how to respond to navigate an enforcement to ensure your will not be losing out on important opportunities, while also complying with regulations Takeaways:

  • Analyzing the effects an enforcement has on your business
  • Strategizing ways to approach obstacles to mitigate risks
  • Working with regulators to ensure needs are met

Discussing CFIUS Rules from the Eyes of Foreign Companies Working in the US to Uncover WhereThey Lie

Are you a non-US company with relations in the US? Learn how new investment practices will impact your business and what you can do to prepare and manage your employees. Takeaways:

  • Exploring how regulations will affect current business relations and future acquisitions
  • Weighing the pros and cons that come from sharper regulations to better navigate the new regulatory environment
  • Benchmarking strategies that will allow a foreign company to still obtain success in the US
Panelists: Jennifer Maki, International Trade Director & Senior Counsel, TE Connectivity

Performing the Proper Due Diligence When Hiring Foreign Workers

Learn exactly what measures one must taken when it comes to employing foreign workers and/or contractors to ensure a job is done diligently. Takeaways:

  • Addressing whether or not foreign workers are allowed to work with certain products and/or equipment a company develops
  • Ensuring foreign hires go through proper training and documentation procedures prior to their start date
  • Figuring out how a company can still do business with foreign workers while still complying to strict regulations

Break

So You’ve Received a Mitigation Agreement…Now What? How to Properly Go About Mitigation Conditions

Learn how to work through mitigation agreements in order to gain approval through CFIUS and not lose out on opportunities Takeaways:

  • Reviewing CFIUS and FIRRMA rules to understand what needs must be met
  • Forming strong relationships with potential partners and/or investors to make sure the agreement is form understanding of what needs must be met
  • Understanding each company’s roles, responsibilities, and restrictions to better draft contracts

Navigating Deal Risk in New Regulatory Environment with Political Climate in Mind

Learn from professionals what warrants new regulations and restrictions on investment practices and foreshadow where the market is moving towards in the future. Takeaways:

  • Taking into account the government’s current stance on foreign investment in order to understand the reasoning behind tightened controls
  • Setting up proper agreements and negotiations on the front-end to help mitigate risk
  • Performing the appropriate due diligence to ensure needs and requirements are met
Doreen Edelman, Partner & Chair, Global Trade & Policy, Lowenstein Sandler

Proactive Actions to Take to Reduce Risk of CFIUS Review

Learn how your company’s work with future and/or current partners will be impacted in the wake of tightened regulations and what measures can be made to avoid an enforcement action. Takeaways:

  • Assessing the CFIUS review process to understand how to effectively not receive an enforcement action
  • Performing proper due diligence when constructing deals to meet CFIUS protocol
  • Ensuring your pre-filing CFIUS meets criteria in order to achieve clearance without mitigation conditions
The US Department of Commerce, The Bureau of Industry and Security (BIS) Speaker to be Announced

Chairs Closing Remarks

Randy Cook, Senior Managing Director, Ankura Consulting Group

Drinks!

Chair’s Opening Remarks

Randy Cook, Senior Managing Director, Ankura Consulting Group

Managing Through CFIUS Approval–Tactics, and Tips for Weathering the Storm of New Regulations

Learn from an executive who has participated in the CFIUS process for over a decade, and about how to prepare for approvals while keeping your company’s strategy on course. Takeaways:

  • Some insight into the aspects of FIRRMA that won’t be clear from simply reading the regulations
  • How to work with your CFIUS Case Manager effectively
  • The whys of rejected deals and/or conditional approvals
Inder Singh, EVP & CFO, Arm Inc.

Back in Business! Establishing How TID Companies Can Remain in Business While Simultaneously Dealing with Harsher Regulations

  • Reviewing the market to gain insight on how CFIUS and FIRRMA may affect future and current partnerships
  • Taking the appropriate steps needed to safeguard data for companies who have never dealt with export controls before
  • Working diligently with current and future foreign employees to form better relationships and understanding what project they can and cannot take part in

Break

Am I Exempt? Grasping the Exemption Rule for Foreign Investors

Learn which companies are at risk and which are safe when it comes to investing, acquiring, and/or merging with US businesses. Takeaways:

  • Understanding exactly which business these new rules are looking to control
  • Reviewing mergers and acquisitions that have been approved through CFIUS and those that have not to weigh successes and failures
  • Discussing where foreign companies lie when it comes to their work in and with the US

Benchmarking Strategies in order to Not Miss Out on Important Investment Opportunities

Compliance is one thing, but the real questions is how can TID businesses expect to grow in the wake of new regulations? Learn key solutions in combating CFIUS and FIRRMA regulations and seeking appropriate investments. Takeaways:

  • Constructing solid relationships and communication with current and future investors, whether local or foreign, to discuss what requirements must be met on either end
  • Performing due diligence on the front-end to adhere to the needs of regulators
  • Safeguarding data to mitigate risk and ensure information is protected
John E. Lash, Principal – Compliance, Forensics and Intelligence, Control Risks

Chairs Closing Remarks

Randy Cook, Senior Managing Director, Ankura Consulting Group

End of Day

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