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Articles by Addie Cliffe
New Year, Updated List: The U.S. Department of Defense Updates Its List of Chinese Military Companies with Ancillary Supply Chain and USG Contracting Impacts | Open Legal Blog Archive
On January 2, 2025, the U.S. Department of Defense (DoD) updated the 1260H List of entities identified as “Chinese military companies” (CMC) operating in the United States, as required by section 1260H of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Section 1260H), adding new entities and removing others. The updated 1260H List now includes 76 entities. Click here to continue reading the full version of this alert.
CFIUS Proposes Enhanced Enforcement and Mitigation Rules and Steeper Penalties for Non-Compliance
Caroline E. Brown is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s White Collar & Regulatory Enforcement and International Trade groups and the steering committee of the firm’s National Security Practice.
DoD is Making its List, and Checking it Twice: DoD Updates 1260H Chinese Military Companies List
Alexandra Barbee-Garrett is an associate in Crowell & Moring’s Washington, D.C. office, where she practices in the Government Contracts Group. Alex represents government contractors in both litigation and counseling matters. Her practice includes bid protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit.
Executive Order and Rulemaking on U.S. Outbound Investment
Key takeaway #1 Issuance of Executive Order and Rulemaking: On August 9, 2023, President Biden issued a long-anticipated “Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “Executive Order”).
Proposed Rule Requires Certain Contractors to Provide Export Authorizations to DCMA
On March 22, 2023, the Department of Defense (DoD) issued a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require certain contractors to provide export authorizations to the Defense Authorization Management Agency (DCMA).
Spy Games: Biden Administration Issues Executive Order Restricting Federal Use of Commercial Spyware
Michael G. Gruden is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts and Privacy and Cybersecurity groups. He possesses real-world experience in the areas of federal procurement and data security, having worked… Michael G. Gruden is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts and Privacy and Cybersecurity groups.
Buy America, by Americans-Office of Management and Budget Solicits Industry Input on Harmonizing Domestic Preference Regimes
Allison Skager is an associate in Crowell & Moring’s Los Angeles office, where she is a member of the firm’s Government Contracts Group. Allison’s practice covers a range of transactional and regulatory matters for both startups and mature companies, including government contractors, large retailers, and developers of emerging technology.
CFIUS Formalizes Its Enforcement and Penalty Process
Caroline E. Brown is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s White Collar & Regulatory Enforcement and International Trade groups and the steering committee of the firm’s National Security Practice. She provides strategic advice to… Caroline E.
Biden Administration Announces Presidential Directive on Sharpening Foreign Investment Screening by CFIUS
Caroline E. Brown is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s White Collar & Regulatory Enforcement and International Trade groups and the steering committee of the firm’s National Security Practice. She provides strategic advice to… Caroline E.
Federal Emergency Management Agency (FEMA) Announces Expiration of its Export Allocation Rule on Medical Supplies and Equipment for Covid-19
On July 1, 2021, the Federal Emergency Management Agency (FEMA) announced the expiration of its Temporary Final Rule (TFR) allocating certain health and medical resources for domestic use.
President Issues Executive Order Formalizing "Team Telecom" and Executive Branch Review of Foreign Involvement in Telecommunications Transactions
On April 4, 2020, President Trump issued an Executive Order formalizing the working group colloquially known as “Team Telecom” and its review of certain licensing applications referred to it by the Federal Communications Commission (FCC) for national security and law enforcement concerns. The order comes amidst increasing concern of foreign influence over the U.S. telecommunications network, access, and supply chain.
Government Relief From COVID-19 Impacts on Federal Contracts and Grants
March 23, 2020 In the last several days, the federal government released a number of guidance documents designed to ease the impacts of COVID-19 on government contractors and grantees. The guidance is summarized below: Contractors: DoD Progress Payments Increase to 90% for Large Businesses and 95% for Small Businesses under DFARS Clause. On March 20, DoD issued guidance that raises the progress payment recovery rate from 80% to 90% for large businesses, and from 90% to 95% for small businesses.
Federal Circuit Confirms Qualification as a "U.S.-Made End Product" under the TAA, Does Not Require Substantial Transformation in the U.S.
Today, in Acetris Health, LLC v. United States, the Federal Circuit held that a pharmaceutical manufactured in the United States qualified for sale, under the Trade Agreements Act of 1979 (TAA), to the Department of Veterans Affairs even though the active pharmaceutical ingredient (API) came from a non-designated country, India.
Congress Passes New Russia and Venezuela Sanctions and Advances New Russia & Turkey Sanctions
Dec.27.2019 As 2019 draws to an end, Congress has been busy on economic sanctions legislation. This includes passing new Russia-related sanctions and a Venezuela-related government contracts procurement restriction as part of the National Defense Authorization Act for Fiscal Year 2020 (NDAA 2020). The U.S. Senate Foreign Relations Committee has also approved two new pieces of legislation that would increase sanctions on Russia and Turkey, respectively.
Commerce to Publish Proposed Regulations to Implement EO on "Securing the Information and Communications Technology and Services Supply Chain"
The Commerce Department will publish, in proposed form, long-awaited regulations to implement the sweeping language of the May 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain.” The proposed regulations, to be promulgated under the authority of the International Emergency Economic Powers Act (IEEPA) and the EO, would establish a case-by-case process, by which the Secretary of Commerce could initiate (at its discretion, or at the...
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