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FEMA Extends and Narrows Restrictions on Exports of Certain Scarce PPE

By Jana del-Cerro, Gail D. Zirkelbach & Stephanie Crawford on August 7, 2020
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On August 10, the Federal Emergency Management Agency (FEMA), under the Department of Homeland Security, will be extending and revising a Temporary Final Rule (first issued in April this year) that invokes the Defense Production Act (DPA) to allocate certain Personal Protective Equipment (PPE) for domestic use and prohibit exportation of that PPE from the U.S. without express FEMA approval. The revised and extended rule will be effective from August 10 through December 31, 2020 and authorizes Customs and Border Protection to detain outbound shipments of PPE until FEMA determines whether to return the shipment for domestic use, issue a DPA-covered order against the PPE, or allow the export of all or part of the order in the interest of national defense. Importantly, the revised rule amends the definition of covered PPE (“covered material”) to account for domestic supply and demand changes since April and now includes only:

  • Surgical (not industrial) N95 Filtering Facepiece Respirators (FFRs) (narrowed in scope compared to the original rule that included all N95 FFRs)
  • PPE Surgical Masks (same as the original rule)
  • Level 3 and 4 Surgical Gowns and Surgical Isolation Gowns (new addition)
  • PPE Gloves or Surgical Gloves (same as original rule)

The rule removes other FFRs; elastomeric, air-purifying respirators; and related FFR filters/cartridges from the covered material list. It continues the exemptions in the original rule and those supplemental exemptions published after the initial rule which permit the export of covered material under limited circumstances. FEMA published a fact sheet in April describing the exemptions and providing additional information with respect to submission of the letter of attestation required to claim certain exemptions.

For additional information on the allocation rule, see our April 8 publication, “FEMA Allocates Certain Scarce PPE for Domestic Use and Restricts Exports.”

Photo of Jana del-Cerro Jana del-Cerro
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Photo of Gail D. Zirkelbach Gail D. Zirkelbach
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Photo of Stephanie Crawford Stephanie Crawford

Stephanie Crawford is a trusted counselor to a broad range of industries facing reorganizations, transactions, national security issues, and questions of supply chain management. Stephanie provides related mergers and acquisitions, counseling, litigation, international arbitration, and investigations services to clients in the aerospace and

…

Stephanie Crawford is a trusted counselor to a broad range of industries facing reorganizations, transactions, national security issues, and questions of supply chain management. Stephanie provides related mergers and acquisitions, counseling, litigation, international arbitration, and investigations services to clients in the aerospace and defense, communications, energy, information technology, and consumer products sectors.

Stephanie has substantial experience with both buy-side and sell-side transactions. She has led government contracts diligence for numerous private equity entities and defense contractors. She assists clients with navigating post-closing government requirements, including unique license transfers and approvals; novation and change of name regulations; and Defense Counterintelligence and Security Agency communications and foreign ownership, control, and influence (FOCI) mitigation.

Stephanie counsels clients on supply chain, sourcing, and national security regulations and requirements. Such counseling includes compliance with the Defense Production Act, including priority orders, ratings and associated regulations; the Public Readiness and Emergency Preparedness Act; and National Industrial Security Program Operating Manual (NISPOM) regulations. She is also known for her ability to solve immediate and business-threatening System for Award Management (SAM) and Defense Logistics Agency (DLA) CAGE Code problems.

Stephanie defends government contractors facing potential tort litigation with a nexus to their government contracts and facing supply chain and national security-related investigations, litigation, and arbitrations.

Stephanie’s pro bono practice focuses on a broad range of veterans’ issues, including disability ratings and discharge upgrades

Read more about Stephanie CrawfordEmail
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  • Posted in:
    Government Contracts
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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