Chris Chamberlain on Telecommunications

Section 889(a)(1)(B): Five Things to Know About the Interim Rule and a Roadmap for Compliance

- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020. - On July 14, 2020,...more

8/5/2020 / Department of Defense (DOD) , Federal Acquisition Regulations (FAR) , Federal Contractors , General Services Administration (GSA) , Interim Final Rules (IFR) , NASA , NDAA , Prime Contractor , Public Comment , Reporting Requirements , Subcontractors , Supply Chain , Surveillance , Telecommunications

Commerce Department Extends Export Controls over Foreign-Made Items in Huawei’s Contract Manufacturing Supply Chain

- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more

5/21/2020 / Bureau of Industry and Security (BIS) , Comment Period , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Direct Product Rule , Foreign Policy , General Licenses , Huawei , Interim Final Rules (IFR) , Manufacturers , National Security , Prohibited Transactions , Public Comment , Supply Chain , Technology Sector , Telecommunications , U.S. Commerce Department

New Proposed Grant Restrictions on Use of Certain Chinese Products and Services: OMB Proposes Guidance Implementing Grant...

Key Points - On January 22, 2020, the Office of Management and Budget (OMB) proposed changes to its grants and agreements regulations (2 CFR Part 200) to implement § 889 of the National Defense Authorization Act (NDAA)...more

1/28/2020 / China , Code of Federal Regulations (CFR) , Comment Period , Cooperative Agreements , Critical Infrastructure Sectors , Federal Acquisition Regulations (FAR) , Federal Contractors , Huawei , NDAA , OMB , Procurement Guidelines , Proposed Regulation , Telecommunications

Red Notice Newsletter - August 2019

ANTICORRUPTION DEVELOPMENTS - Telecommunications Company Fined $12 Million for FCPA Violations - On August 29, 2019, The Securities and Exchange Commission (SEC) instituted ceaseand-desist proceedings against...more

9/9/2019 / Anti-Corruption , Appeals , Bribery , Criminal Conspiracy , Criminal Prosecution , Department of Defense (DOD) , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Entity List , Executive Orders , Export Controls , Exports , False Statements , Fines , Foreign Corrupt Practices Act (FCPA) , Foreign Narcotics Kingpin Designation Act , General Licenses , Guilty Pleas , Huawei , Indictments , Internal Investigations , International Emergency Economic Powers Act (IEEPA) , ITSR , Manufacturers , Medical Devices , Money Laundering , New Guidance , Office of Foreign Assets Control (OFAC) , Plea Agreements , Settlement , SFO , Smuggling , Suspensions & Debarments , Tariffs , Tax Evasion , Technology Sector , Telecommunications , Trump Administration , World Bank

Commerce Extends and Revises Temporary General License Authorizing Specified Transactions with Huawei and Its Affiliates; Adds...

• The Commerce Department’s Bureau of Industry and Security (BIS) has added 46 additional Huawei affiliates to the Entity List. The export, reexport, and transfer to these entities of commodities, software, and technology...more

8/21/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , Prohibited Transactions , Software , Technology Sector , Telecommunications , U.S. Commerce Department

Agencies Release Interim Final Rule Implementing First Phase of 2019 NDAA Section 889

• On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019. • Among its...more

8/12/2019 / CFIUS , Department of Defense (DOD) , Federal Acquisition Regulations (FAR) , Federal Contractors , FIRRMA , General Services Administration (GSA) , Interim Final Rules (IFR) , NASA , NDAA , New Rules , Public Comment , Reporting Requirements , Surveillance , Telecommunications

Agencies Call for Comments on NDAA 2019 Section 889

• The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) announced (84 FR 25545) that they will hold a town hall-style public meeting on July 19, 2019,...more

6/5/2019 / Comment Period , Department of Defense (DOD) , Federal Contractors , General Services Administration (GSA) , Goods or Services , Government Agencies , NASA , NDAA , Public Comment , Public Meetings , Stakeholder Engagement , Technology Sector , Telecommunications

Reminder: Commerce Department Prohibitions Pertaining to Huawei Can Apply to Transactions by Non-U.S. Companies

• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more

5/29/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , National Security , Prohibited Transactions , Software , Technology Sector , Telecommunications , U.S. Commerce Department

Commerce Department Issues Temporary General License Authorizing Certain Transactions with Huawei and its Designated Affiliates

• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more

5/22/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , Manufacturers , National Security , Prohibited Transactions , Supply Chain , Technology Sector , Telecommunications , U.S. Commerce Department

President Trump Declares National Emergency to Secure the Information and Communications Technology and Services Supply Chain

• On May 15, 2019, President Trump issued a long-awaited E.O. designed to curtail the use of telecommunications items and services from certain countries and persons in U.S. networks. The E.O. does not impose immediate...more

5/16/2019 / CFIUS , China , Executive Orders , Export Administration Regulations (EAR) , Export Controls , Foreign Policy , Infrastructure , International Emergency Economic Powers Act (IEEPA) , Jurisdiction , National Security , New Regulations , Telecommunications , Trade Relations , Trump Administration