Alan W. H. Gourley

Blogs: Government Contracts Legal Forum, International Trade Law, Retail & Consumer Products Law Observer

Latest Articles

State Department Publishes Long Awaited Cloud Computing Rule

January 15, 2020

On December 26, 2019, the State Department issued an interim final rule that nearly mirrors the changes adopted by the Commerce Department in 2016. The new ITAR rule will allow for cloud based storage and handling in the U.S. and abroad of appropriately encrypted ITAR controlled software and technical data. It will take effect on March 25, 2020, but allows 30 days for public comment (until January 27, 2020) and perhaps further revision by…

International Trade Law

New Sanctions Imposed on Elements in the Turkish Government

By Carlton Greene, Dj Wolff, Alan W. H. Gourley, Nicole Succar & Jana del-Cerro

October 21, 2019

On October 14, 2019, the Trump Administration followed through on its recent threats by issuing a new Executive Order (EO) (as yet unnumbered) establishing sanctions that effectively target the Turkish Government in response to the latter’s military intervention into Northern Syria. Using this authority, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) simultaneously added both the Turkish Ministry of Energy and Natural Resources and the Turkish Ministry of National Defence, as…

International Trade Law

Administration Moves to Complete FIRRMA Implementation by the February 13, 2020 Statutory Deadline

By Alan W. H. Gourley, Addie Cliffe & Robert Holleyman

September 18, 2019

The Department of the Treasury has released the long-awaited proposed rules that would complete implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 that expanded the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review investments by foreign persons. One proposed rule will revise and restate the general CFIUS regulations, 31 C.F.R. Part 800, while the second proposed rule will provide a separate process, 31 C.F.R. Part…

International Trade Law

Under the Wire: FAR Council Announces Interim Rule to Implement NDAA Procurement Ban on Huawei and Other Chinese Telecommunications Equipment

By Addie Cliffe, Alan W. H. Gourley, Paul Freeman, Kate M. Growley, CIPP/G, CIPP/US & Michael G. Gruden, CIPP/G

August 13, 2019

On August 13, 2019, the FAR Council will publish in the Federal Register an interim rule, FAR Subpart 4.21, effective immediately, which implements a portion of section 889 of the FY 2019 National Defense Authorization Act, specifically, the ban on government procurement of any equipment, system or service that uses covered telecommunications equipment or services from certain Chinese companies. The interim rule defines covered telecommunications equipment and services to include any telecommunications equipment or…

International Trade Law

Identifying and Defining “Emerging Technologies” Subject to Control for Export and Foreign Investment

By Alan W. H. Gourley, Addie Cliffe & Jana del-Cerro

November 19, 2018

On November 19, 2018, the Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) seeking comments on implementation of Section 1758 of the Export Control Reform Act of 2018. This section requires Commerce, in consultation with DoD and other CFIUS member agencies, to define “emerging technologies” sufficiently significant to U.S. national security interests to impose some level of export controls over the technology and potentially to trigger mandatory declarations of…

International Trade Law

Treasury CFIUS Pilot Program Overlaps with Made in China 2025 Sectors

By Robert Holleyman, Alan W. H. Gourley, Addie Cliffe, Evan Yu & Jing Jing Zhang

November 8, 2018

On October 10, Treasury announced interim regulations to implement certain provisions of the Foreign Investment Review Modernization Act (FIRRMA), which President Trump signed into law on August 13, 2018. As part of that announcement, Treasury will initiate a pilot program imposing mandatory declarations on transactions involving certain sensitive sectors. That pilot program is due to go into effect on November 10, 2018 and will cover 27 “pilot program industries.” One of the questions for analysis…

International Trade Law

BIS Contemplates Export Restrictions on “Electronic Waste” to Combat Supply Chain Concerns

By Alan W. H. Gourley

October 23, 2018

On October 23, 2018, the Department of Commerce Bureau of Industry and Security (BIS) published a notice seeking comments on imposing export control restrictions on electronic waste in response to concerns that unregulated recycling of electronic waste is a source of counterfeit goods. BIS has proposed to define electronic waste, prohibit electronic waste export, establish electronic waste exemptions, and require an export license to ship exempted electronic waste abroad. The Bureau is seeking public…

International Trade Law

U.S. National Security Review of Foreign Investment: Revisions to CFIUS Legislation Signed Into Law

By Addie Cliffe, Alan W. H. Gourley, Philip B. Rosen & Jana del-Cerro

August 21, 2018

On August 13, 2018, the President signed the National Defense Authorization Act for Fiscal Year 2019 which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) updating national security reviews performed by the Committee on Foreign Investment in the United States (CFIUS). Some FIRRMA provisions are effective immediately, but the effective date of others requires formal rulemaking to be completed within the next 18 months. Included in the provisions effective immediately is a…

International Trade Law

Plugging the “Gaps” on Transfers of U.S. Sensitive Emerging Technology: Dual-Use Export Control Statutory Authority Becomes Law

By Alan W. H. Gourley, Addie Cliffe, Jana del-Cerro & Chris Monahan

August 16, 2018

The Export Control Reform Act of 2018, included within the National Defense Authorization Act (NDAA) for Fiscal Year 2019, became law on August 13, 2018, and provides “modern” and permanent statutory authority for the U.S. Export Administration regulations (EAR), which control the export, re-export, and transfer of U.S. origin “dual-use” items. As a result of the effort to strengthen control over foreign investment in the United States (contained in a companion statute within the NDAA),…

International Trade Law

Great Again – Making it in the USA Just Got Easier

By Alan W. H. Gourley, Addie Cliffe & Lorraine M. Campos

July 19, 2018

On July 16, 2018, the Court of Federal Claims released a far-reaching decision in Acetris Health, LLC v. United States, concluding that a drug could qualify as a “U.S.-made end product” under the Trade Agreements clause, FAR 52.225-5, despite a Customs and Border Protection (CBP) ruling under the Trade Agreements Act (TAA), that the drug had not been “substantially transformed” in the United States, the usual test for whether a product from a…

Alan W. H. Gourley

State Department Publishes Long Awaited Cloud Computing Rule

New Sanctions Imposed on Elements in the Turkish Government

Administration Moves to Complete FIRRMA Implementation by the February 13, 2020 Statutory Deadline

Under the Wire: FAR Council Announces Interim Rule to Implement NDAA Procurement Ban on Huawei and Other Chinese Telecommunications Equipment

Identifying and Defining “Emerging Technologies” Subject to Control for Export and Foreign Investment

Treasury CFIUS Pilot Program Overlaps with Made in China 2025 Sectors

BIS Contemplates Export Restrictions on “Electronic Waste” to Combat Supply Chain Concerns

U.S. National Security Review of Foreign Investment: Revisions to CFIUS Legislation Signed Into Law

Plugging the “Gaps” on Transfers of U.S. Sensitive Emerging Technology: Dual-Use Export Control Statutory Authority Becomes Law

Great Again – Making it in the USA Just Got Easier

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