On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidance (the “July 10 Release”) outlining different types of precautionary letters (“supplier list” letters, “Project...more
7/29/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Compliance ,
Due Diligence ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
National Security ,
Popular ,
Russia ,
Ukraine ,
Universities
In conjunction with the Group of Seven (G7) leaders meeting in Italy earlier this month, key jurisdictions issued the latest in a series of coordinated economic restrictions on Russia in light of its invasion of Ukraine in...more
7/1/2024
/ Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Trade Regulations ,
G7 ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Technology ,
UK ,
Ukraine
Medical device companies have a new regulatory pathway for exporting certain U.S.-origin medical products to Russia, Belarus, Crimea and other regions of Ukraine (i.e., the so-called Donetsk People’s Republic and Luhansk...more
5/6/2024
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Crimea ,
Entity List ,
Exceptions ,
Export Controls ,
General Licenses ,
Medical Devices ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Regulatory Requirements ,
Russia ,
TSRA ,
Ukraine
On March 6, 2024, the U.S. Departments of the Treasury, Commerce, and Justice jointly issued a Tri-Seal Compliance Note titled “Obligations of Foreign-Based Persons to Comply with U.S. Sanctions and Export Control Laws”...more
A new Biden Administration proposal would provide a path for federal agencies to cite high prices as a reason for giving alternative producers rights to make products covered by federally funded inventions.
On December...more
Companies considered to be “major” or “significant” US federal government contractors soon may be required to provide climate disclosures as part of the Biden Administration’s suite of policies designed to achieve net-zero...more
12/13/2022
/ Biden Administration ,
Climate Change ,
Comment Period ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Net Zero ,
Proposed Rules ,
Public Disclosure ,
System For Award Management (SAM) ,
Task Force on Climate-related Financial Disclosures (TCFD)
On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) within the US Department of Labor published a notice in the Federal Register alerting federal contractors that the agency had received a Freedom...more
Federal supply and service contractors and subcontractors that have 50 or more employees and one or more federal contracts or subcontracts of $50,000 or more (“Covered Contractors”) are required to have in place (within 120...more
The US Department of Justice (DOJ) recently announced plans to use the False Claims Act (FCA) to pursue cybersecurity-related fraud by government contractors, subcontractors and grant recipients, including for providing...more
10/14/2021
/ Compliance ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Subcontractors
On September 24, pursuant to President Biden’s September 9 Executive Order, the Safer Federal Workforce Task Force published its anticipated guidance regarding the vaccination mandate and COVID-19 safety requirements for...more
10/1/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Covered Employer ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Masks ,
OSHA ,
Safety Precautions ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On Wednesday, May 12, 2021, President Biden issued an ambitious and sweeping Executive Order focused on combating digital threats to US networks and infrastructure. The Executive Order on Improving the Nation’s Cybersecurity...more
5/17/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Contractors ,
Information Technology ,
National Security ,
NIST ,
OMB ,
Supply Chain
A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review commercial transactions between US and foreign parties for certain information and communications technology and services...more
3/23/2021
/ Biden Administration ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cuba ,
Foreign Adversaries ,
Hong Kong ,
Interim Final Rules (IFR) ,
Iran ,
Licensing Rules ,
National Security ,
North Korea ,
Russia ,
Safe Harbors ,
Supply Chain ,
Technology ,
Telecommunications ,
U.S. Commerce Department ,
Venezuela
Shortly after taking office, the Biden Administration unveiled what it called a “comprehensive,” “coordinated” and “aggressive” National Strategy to confront the COVID-19 pandemic. As a key component of this approach, the...more
On President Biden’s first two days in office, he issued a National Strategy for the COVID-19 Response and Pandemic Preparedness and 11 related Executive Orders, including an Executive Order on a Sustainable Public Health...more
1/28/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Federal Contractors ,
FEMA ,
Manufacturers ,
Pharmaceutical Distribution ,
Prescription Drugs ,
Price Gouging ,
Public Health Emergency ,
Suppliers ,
Supply Chain
As a result of an Executive Order issued by President Biden on January 20, 2021, federal contractors should expect new PPE requirements and possible facility access or capacity restrictions due to social distancing guidelines...more
1/26/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Federal Contractors ,
Federal Land ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
Social Distancing ,
Workplace Safety
On his first day in office, President Biden revoked a controversial executive order enacted in September 2020 by then-President Trump, which prohibited federal contractors from conducting certain types of workplace diversity...more
On October 22, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a Request for Information (RFI) in the Federal Register seeking information about any workplace diversity...more
10/29/2020
/ Bias ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Request For Information ,
Sexual Stereotyping ,
Subcontractors ,
Trump Administration
On September 22, 2020, President Trump issued Executive Order 13950, an Executive Order on Combating Race and Sex Stereotyping (the “Order”), prohibiting federal contractors from conducting workplace diversity or...more
10/7/2020
/ Bias ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
Beginning on August 13, U.S. federal government agencies will be prohibited from issuing new contracts or extending or renewing existing contracts to entities that use certain telecommunications and video surveillance...more
7/21/2020
/ China ,
Entity List ,
Export Administration Regulations (EAR) ,
Federal Acquisition Regulations (FAR) ,
Interim Rule ,
NDAA ,
New Regulations ,
Prime Contractor ,
Telecommunications ,
U.S. Commerce Department ,
ZTE
On June 29, 2020, the Commerce Department issued 32 Frequently Asked Questions (FAQs) concerning revision - effective as of the same date - to Part 744.21 of the Export Administration Regulations (EAR). As we discussed in a...more
7/2/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
National Security ,
Russia ,
Technology ,
U.S. Commerce Department ,
Venezuela
On Friday, June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (the Act) became law. The Act modifies previously adopted CARES Act provisions related to the Paycheck Protection Program administered by the...more
On May 15, 2020, the US Department of Commerce announced a rule further targeting Chinese telecommunications company Huawei and its chip-making subsidiary HiSilicon for allegedly engaging in “stepped-up efforts to undermine”...more
Yesterday, the US Department of Commerce Bureau of Industry and Security (BIS) promulgated two new rules and issued a new proposed rule:
..A new final rule that will restrict previously permissible exports to China, Russia...more
4/30/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
National Security ,
New Rules ,
Proposed Rules ,
Russia ,
U.S. Commerce Department ,
Venezuela
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, signed into law on March 28, contains important relief authority for federal contractors affected by the COVID-19 pandemic. Specifically, Section 3610 of the...more
On Friday, March 27, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) became law. The CARES Act is an emergency stimulus package intended to provide financial and other assistance and relief to individuals,...more