FEMA releases exceptions to rule prohibiting exports of PPE – exports to Canada and Mexico are excluded and other important exclusions apply

On 17 April the Federal Emergency Management Agency (FEMA) released significant exceptions (effective Friday 17 April, but to be published on 21 April) to FEMA's temporary final rule prohibiting exports of certain personal protective equipment (PPE). The notice relates to both the 3 April presidential memorandum invoking emergency powers under the Defense Production Act (DPA) regarding the allocation of certain scare or threatened health and medical resources to domestic use and a FEMA temporary final rule published in the Federal Register on 10 April 2020 and effective on 7 April 2020. The purpose of the presidential memorandum and temporary final rule is to ensure that scarce or threatened "covered materials" remain in the in the United States to aid the response to COVID-19. As of now, the types of PPE covered are primarily certain N95 and surgical masks, respirators, and surgical gloves.

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