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Section 889(a)(1)(B) of the 2019 NDAA: Interim Final Rule Prohibiting Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment

The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration has published an interim final rule implementing section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232, the 2019 NDAA).¹ ²  This interim final rule is effective August 13, 2020 and interested … Continue Reading

Streaming Live: Trade Compliance and Emerging Policy – July 23-24, 2020

Here is your opportunity to be part of the biggest trade compliance conference of the year from the comfort and safety of wherever you might be. Streaming live from Washington DC and London on July 23 and 24, Content Enablers has convened a select panel of high-level government and industry policy leaders – featuring Matt … Continue Reading

US Needs to Participate and Lead 5G Standards-setting; Huawei Gets a Pass

On June 18, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register, a new interim final rule that amends the Export Administration Regulations (EAR) (15 CFR Parts 730-774) by excluding from the additional licensing requirements imposed by the designations of Huawei organization on the Entity List releases … Continue Reading

Accounting for CFIUS Regulatory Risk in Transactions Involving Property Rights at Airports and Maritime Ports

New rules went into effect on February 13, 2020, that implemented the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), expanding the authority of the Committee on Foreign Investment in the United States (CFIUS), the US agency that reviews foreign investments in the US for potential national security concerns. The new rules include CFIUS … Continue Reading

President Trump Takes Stance on China, Hong Kong – Takeaways From the Presidential Announcement

On Friday, May 29, President Trump announced several actions related to China and Hong Kong. The President’s delivered remarks and what was left unsaid were equally instructive. While we are still waiting on details for some of these actions, below is an overview of the President’s announcement.… Continue Reading

US Department of Commerce Seeks Input on Section 232 (Steel and Aluminum) Exclusion Process

On May 26, 2020, the US Department of Commerce Bureau of Industry and Security (BIS) announced that it would accept comments from the public on the Section 232 exclusion process, including regarding factors considered by agency officials when rendering decisions on exclusion petitions, the efficiency and transparency of the current process, and potential revisions to … Continue Reading

BIS Sunsets License Exception (CIV) for Civil End Uses in Countries in Group D:1

On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) by removing License Exception Civil End Users (CIV) (§ 740.5), which authorized the unlicensed export, reexport, and transfer (in-country) of … Continue Reading

COVID-19 Industry Update: Trade, Supply Chains, Defense and More

Countries around the world continue to enact policies aimed at mitigating the spread of COVID-19 that both recognize the importance of trade to their respective economies, but also seek to address domestic demand for key goods – especially medical supplies – related to the crisis. Similarly, some recent government policies around the world have shifted … Continue Reading

EU Commission Updates Guidance on FDI Screening in the EU; Citing COVID-19 Concerns

On March 25, 2020, the European Commission published a Guidance addressed to Member States on the application of foreign direct investment (FDI) Screening Regulation 2019/452 in the EU and restrictions on free movement of capital from third countries.  The Guidance relates to the Coronavirus Disease 2019 (COVID-19) pandemic. … Continue Reading

Recently-Released Cybersecurity Verification Mandate Creates Uncertainty for Department of Defense Suppliers

Protection of the Defense Industrial Base (DIB) from the growing panoply of cybersecurity threats has been a consistent point of emphasis for senior Department of Defense (DOD) officials during the Trump Administration. The DOD took a significant step toward addressing that concern on January 31, 2020 with the release of Version 1.0 of the Cybersecurity … Continue Reading
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