Tag Archives: NDAA

Department of Defense Updates Section 1260H Chinese Military Companies List

On January 31, 2024, the Department of Defense (DOD) released an update to the Chinese Military Company (CMC) List in accordance with Section 1260H of the National Defense Authorization Act (NDAA) for Fiscal Year 2021. DOD added sixteen entities to the 1260H CMC List and removed three previously designated entities that no longer met “some … Continue Reading

Biden New EO on Chinese Military Companies Creates New Substantive Test for Listing

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

US SBA Issues Interim Rule Offers Relief to Certain 8(a) BD Companies

Many small businesses in the US have suffered severe economic hardships due to the global pandemic, but there is now some relief available to a subset of small businesses. The US Small Business Administration (SBA) issued an interim rule effective January 13, 2021, amending the regulations governing the 8(a) Business Development (BD) program to implement … Continue Reading

Trump Flexes Executive Muscle to Address Chinese Military Threat

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

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

Huawei Motions for Summary Judgement in Complaint Against US Government

On May 28, 2019, Huawei Technologies Co., Ltd., a Chinese telecommunications company, and its US-based affiliate, Huawei Technologies USA, Inc. (collectively “Huawei”), filed a Motion for Summary Judgment. (See Plaintiffs’ Motion for Summary Judgment, Huawei Technologies USA, Inc. et al v. United States of America, et al, No. 4-19-cv-159-ALM (E.D. Tex. filed May 28, 2019) … Continue Reading
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