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Reed Smith's Government Contracts Weekly Rundown - April 2015 #4

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week....more

Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries...more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

Construction Opportunities for American Prime Contractors in Israel

My partner, Ed DeLisle, and I recently attended two Industry Days sponsored by the Army Corps of Engineers (“USACE”). The first one was held in New York City on October 20th, and the second one was held in Tel Aviv on...more

Navy Bribery Scandals Highlight the Importance of Enforcing a Code of Conduct

There are a wide range of business opportunities available for supplying, equipping and servicing the U.S. Navy's more than 323,000 active personnel, 290 ships and over 3,700 aircraft around the world. Unfortunately, this...more

Government Procurement: September and October 2013 Federal Register Update

1. Final Rules Regarding the Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors - On September 24, 2013, the Department of Labor Office of Federal Contract Compliance Programs...more

Export Control Reforms Leads to Changes in Permanent Import Regime of Defense Articles and Services

In light of the upcoming changes associated with the Export Control Reform Initiative, the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule in April 22, 2013, which amends...more

Export Control Reform Series Episode II: The First Change – Reevaluating your ITAR Aircraft Parts

In Episode I: The Basics we noted that U.S. Export Control Reform may be causing confusion and consternation among those who will have to take the first theoretical rule changes and apply them in real and practical...more

Major Changes to U.S. Export Laws Go into Effect October 15, 2013: Is Your Company Ready?

New rules implementing export control reforms become effective October 15, 2013. The keystone of these reform efforts is to transfer jurisdiction of less sensitive military items currently controlled under the International...more

Status of Key Aspects of Export Control Reform

On April 16, 2013, the State Department and the Commerce Department published the first set of final rules in the Federal Register to implement the Obama administration’s Export Control Reform Initiative. The State Department...more

New DOD Internal Policy Guidance on Counterfeit Parts: A Preview of Contractor Regulations?

The Department of Defense (DOD) has issued a new instruction that establishes internal DOD policies for detecting, avoiding, and remediating counterfeit parts in the DOD supply chain, and allocates responsibility among...more

$8 Million Penalty for Weak ITAR Compliance: How the Price of Maintenance Beats the Cost of Repair

On April, 30, 2013, Raytheon Company, a major military electronics and weapons manufacturer, agreed with the U.S. Department of State to pay $8 million in civil penalties and remedial expenditures to settle alleged violations...more

There are Two Nationalities for the Nation of the United States

Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more

Fourth Circuit Upholds “Derivative” Soveign Immunity, following the D.C. Circuit

Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look. According to the allegations, four Iraqi citizens were...more

Early Steps Toward a Streamlined Export Control System: Proposed Changes to the ITAR and EAR

On November 7, 2011, the U.S. State Department published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”) by narrowing the categories of aircraft and related equipment controlled on the United...more

October 13, 2011 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

September 8, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

This Extension of U.S. Criminal Law Is Unnecessary

On June 3, 2011, Senator Patrick Leahy (D-Vt.) and Representative David Price (D-N.C.) re-introduced the Civilian Extraterritorial Jurisdiction Act (CEJA), which aims to extend U.S. criminal jurisdiction in to U.S. citizens...more

Final US ITAR Rule on Dual and Third Country Nationals Raises New Challenges

Today, the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) published in the Federal Register the final rule containing its long-awaited amendments to the International Traffic in Arms Regulations...more

Status Of Forces Agreements - A Primer

Government contractors are called-upon with increasing frequency to perform their contractual obligations abroad. Apart from the myriad of laws and regulations governing their performance on the international stage,...more

ITAR License Exemption Amended To Allow Hand-Carrying Of Technical Data Outside The United States

On August 27, 2010, the Department of State amended section 125.4(b)(9) of the International Traffic in Arms Regulations (“ITAR”) to clarify an exemption to the license requirement related to the hand-carrying of technical...more

United States District Court For The Southern District Of Texas Deprives Battlefield Contractors Of The Protections Of The Defense...

A recent decision by the United States District Court for the Southern District of Texas may have caused grave damage to protections long available to overseas government contractors and their employees under the Defense Base...more

Herding Cats I: Disposal of Real Property and Contractor Inventory in Contingency Operations

Herding Cats I: Disposal of DoD Real Property and Contractor Inventory in Contingency Operations, by Captain Lyndsey Olson, and Herding Cats II: Disposal of DoD Personal Property, by Major Kathryn Navin seek to provide JAs...more

More Than a Year In the Making! -- DOD Issues Final Rules for Specialty Metals; New Rules Are No Less Complicated

In July 2008, DOD proposed revisions to the Specialty Metals rules, hoping to finally calm the turbulence that has boiled up over the past three years in this area. On July 29, 2009, after more than a year of stolid...more

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