Redstone Government Consulting Blog | Export and Import

Future Supply-Chain Rules to Be Implemented Under Executive Order 13873, and Under Sections 889(a)(1)(B) and 889(b) of the 2019 NDAA

There have been several recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin information technology and telecommunications equipment, with a focus on Chinese-origin products. This is the third installment of a three-part series on this topic.

Supply-Chain Rules from Section 889(a)(1)(A) of the NDAA for 2019 (Implemented by FAR Subpart 4.21)

There have been several recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin information technology and telecommunications equipment, with a focus on Chinese-origin products. This is the second installment of a three-part series on this topic.

Supply-Chain Rules Under DFARS Subpart 239.73

In the ongoing trade war between the U.S. and China, the U.S. Government’s Section 301 tariffs on Chinese-origin goods has received most of the attention, and rightfully so. Effective September 1, 2019, these tariffs generally impact all Chinese-origin goods imported into the United States, including all information technology and telecommunications equipment (“Equipment”). However, there have also been several recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin Equipment, with specific focus on Chinese-origin products.

Did you know that you can and should record your Intellectual Property such as Trademarks and Copyrights with Customs and Border Protection (CBP) using their e-Recordation system? Once you do so, CBP can help prevent the importation and exportation of infringing goods. In fact, you must record your IP with CBP because CBP cannot help you with infringing or counterfeit imports/exports if you don’t! This service is readily available here.  

We are expecting changes this year related to Emerging Technologies Export Controls. The Bureau of Industry and Security (BIS) is holding its’ annual conference this week on Export Controls in Washington, D.C. The theme of this year’s conference is “Emerging Technologies, Strategic Trade, and Global Threats”.  This event will cover:

Both the ITAR and the EAR regulate Deemed Exports: releasing or otherwise transferring controlled technical data to a foreign person in the United States. So how does this impact hiring foreign nationals to work on ITAR/EAR projects? Hiring foreign nationals presents an opportunity for a deemed export and therefore possible export compliance implications.

Both the EAR and the ITAR regulate Deemed Exports. But what exactly is a Deemed Export and how is it different from a traditional export?

Did you know that The International Traffic in Arms Regulations affects more than just exporters? You may need to register with the Directorate of Defense Trade Controls even if you do not export.