Non-Tariff Supply-Chain Restrictions on IT/Telecom Products and Services (Part 3 of 3: Future Supply-Chain Rules to Be Implemented Under Executive Order 13873, and Under Sections 889(a)(1)(B) and 889(b) of the 2019 NDAA)

Government Contracts, Supply Chain Restrictions

There have been a number of recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin information technology and telecommunications equipment, with a particular focus on Chinese-origin products. This is the third installment of a three-part series on this topic. Executive Order 13873 (to Be Effective October 12, 2019): On May 15, 2019, President…

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Non-Tariff Supply-Chain Restrictions on IT/Telecom Products and Services (Part 2 of 3: Supply-Chain Rules from Section 889(a)(1)(A) of the NDAA for 2019 (Implemented by FAR Subpart 4.21)

Government Contracts, Supply Chain Restrictions

There have been a number of recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin information technology and telecommunications equipment, with a particular focus on Chinese-origin products. This is the second installment of a three-part series on this topic. Section 889 of the National Defense Authorization act for 2019 (the “NDAA”) placed new…

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Non-Tariff Supply-Chain Restrictions on IT/Telecom Products and Services (Part 1 of 3: Supply-Chain Rules Under DFARS Subpart 239.73)

Government Contracts, Supply Chain Restrictions

In the ongoing trade war between the U.S. and China, the U.S. Government’s Section 301 tariffs on Chinese-origin goods has received most of the attention, and rightfully so. Effective September 1, 2019, these tariffs generally impact all Chinese-origin goods imported into the United States, including all information technology and telecommunications equipment (“Equipment”). However, there have…

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Trading with the Entity: Impact on Non-US Manufacturers from Huawei’s Addition to the Entity List

Export Controls

The U.S. Commerce Department, Bureau of Industry and Security (“BIS”) published a final rule on May 21, 2019, adding the largest telecommunications-equipment manufacturer in the world, Huawei Technologies Co., Ltd., and 68 of its non-US affiliates (collectively, “Huawei”), to BIS’s Entity List. See 84 FR 22961. This rule imposes an export license requirement for all…

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