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China National Defense Authorization Act Supply Chain

McCarter & English Blog: Government Contracts...

DOD Releases Final Rule Prohibiting the Acquisition of Certain Magnets from Nonaligned Foreign Nations

China dominates the rare earth industry, accounting for approximately 60 percent of rare earth metal mining and approximately 90 percent of rare earth metal processing in 2023. In order to combat this near-monopoly and to...more

Morgan Lewis

US Government Continues Coordinated Efforts to Place Restrictions on Chinese Semiconductors

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The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...more

Wiley Rein LLP

FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

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WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for...more

Foley Hoag LLP - Global Business and Human...

House Bill Proposes to End Funding for State Department Programs Involved with Forced Labor in China

The U.S. House of Representatives recently passed a new measure, H.R. 4039, which would prohibit any funding for programs within the State Department and the U.S. Agency for International Development (USAID) that involve...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Small Yard and High Fence’: US National Security Restrictions Will Further Impact US-China Trade and Investment Activity in 2024

The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more

Wiley Rein LLP

Important NDAA Provisions for Contractors and Their Supply Chains

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On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

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The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

BakerHostetler

Outbound Investment Restrictions Will Impact Investments in China

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On August 9, 2023, the President issued a widely anticipated executive order ("EO") establishing the framework for a U.S. outbound investment program to address threats to U.S. national security created by certain...more

Foley Hoag LLP

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

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On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

Venable LLP

Department of Defense Expands Scope of Specialty Metals Restriction

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In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense...more

Hogan Lovells

Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA

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On Tuesday, March 21, 2023, the US Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS and Science Act (CHIPS). As part of the proposed rule Commerce issued a...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - February 14, 2023

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1. Reverse CFIUS Expected To Be Narrow and Only Forward-Looking Laura Black, a former Treasury Department official, recently discussed how companies should prepare for any potential U.S. outbound investment review process....more

Troutman Pepper

New DOD Rule Limits PPE From China and Other Foreign Nations

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On January 30, the U.S. Department of Defense (DOD) issued an interim procurement rule, prohibiting the procurement of personal protective equipment (PPE) from four “non-allied” countries: China, North Korea, Russia, and...more

WilmerHale

Defense Contractors Will Face Higher Risks as Spending Increases

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Ongoing geopolitical developments such as Russia’s war in Ukraine and tensions between China and Taiwan have continued to fuel higher US military spending. The demand for military weapons is the strongest it has been in...more

Venable LLP

Section 5949 - Congress's Latest Prohibition on Chinese Technology in Federal Procurement, and What It Means for Government...

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Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains. To contend with the attendant national security and economic risks (whether real or perceived), Congress...more

Perkins Coie

The FY 2023 National Defense Authorization Act: Key Provisions Relevant to Defense Contractors

Perkins Coie on

Inflation relief for defense contractors, a ban on procurement of products and services containing certain Chinese semiconductors, and codification of the Federal Risk and Authorization Management Program (FedRAMP) governing...more

Holland & Knight LLP

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

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President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

Wiley Rein LLP

The NDAA Includes Prohibitions Targeting Semiconductors Similar to Section 889

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WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more

Morrison & Foerster LLP

National Defense Authorization Act Implications for U.S. Sanctions Programs

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After months of negotiations, Congress revealed the compromise version of the National Defense Authorization Act for Fiscal Year 2023 (NDAA) on December 6, 2022. The bill, viewed as a “must-pass” piece of legislation because...more

Dorsey & Whitney LLP

The CHIPS and Sciences ACT of 2022 - The Impact on China

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The CHIPS and Sciences Act of 2022 (the “Act”) was passed by the U.S. Congress on July 27, 2022 and signed into law by President Biden on August 9 of the same year. The Act is an effort to increase semiconductor manufacturing...more

King & Spalding

Senators Introduce Bipartisan Bill To End U.S. Dependence On Chinese Rare Earth Elements

King & Spalding on

Legislation Introduced In The Context Of Significant Federal Attention To Vulnerable Supply Chains, Including Critical Minerals And Materials - On January 14, 2022, Senators Tom Cotton (R-AR) and Mark Kelly (D-AZ)...more

WilmerHale

United States Adopts Wide-Ranging China Restrictions

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End-of-Year Sanctions Target Chinese Supply Chains and AI, Quantum Computing, and Biotechnology - Several US executive branch agencies and the US Congress have adopted wide-ranging end-of-year sanctions, export control and...more

Wiley Rein LLP

What Government Contractors Need to Know About the Fiscal Year 2022 NDAA

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On December 15, 2021, Congress passed the National Defense Authorization Act (NDAA or Act) for Fiscal Year (FY) 2022, which President Biden is expected to sign into law soon. As usual, the NDAA contains numerous provisions...more

Hogan Lovells

USICA and its House equivalents go to conference: what will be the likely outcome?

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On November 17, 2021, House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer issued a joint statement announcing a bicameral agreement to conference the United States Innovation and Competition Act (USICA). This...more

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