On June 3, 2021, US President Joseph Biden issued Executive Order 14032, “Addressing the Threat From Securities Investments that Finance Certain Companies of the People’s Republic of China” (EO 14032), substantially amending the prohibitions originally contained in Executive Order 13959 (EO 13959), issued by President Trump on November 12, 2020 (amended January 13, 2021).… Continue Reading
On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … Continue Reading
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
On March 20, 2020, Under Secretary of Defense for Acquisition and Sustainment Ellen Lord issued a memorandum to the Defense Industrial Base (DIB), clarifying what is considered the Essential Critical Infrastructure Workforce in light of the coronavirus disease 2019 (COVID-19) (the “Memo”). The Memo can be found here.… Continue Reading
This post is being published for The Trade Practitioner as part of a content partnership with our Global Supply Chain Law Blog. The impact of the COVID-19 pandemic on the global economy needs not restating. The saying “desperate times call for desperate measures” fits the current environment well. Governments throughout the world have instituted or are considering … Continue Reading
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
Government contractors that hold a facility security clearance (FCL) must have a written program in place no later than November 30, 2016 to begin implementing insider threat requirements published by the Department of Defense (DoD) in Change 2 to DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM). In particular, on May 18, 2016, the … Continue Reading
