Senate Majority Leader Schumer Proposes Section 889 Expansion

Robyn N. Burrows and Merle M. DeLancey, Jr. ● On October 18, 2022, Senate Majority Leader Chuck Schumer (D-NY) issued a press release signaling a potentially significant expansion of Section 889 through a proposed amendment to the 2023 National Defense Authorization Act (“NDAA”). Schumer’s proposal is aimed at extending the telecommunications supply chain prohibitions in Section … Continue readingSenate Majority Leader Schumer Proposes Section 889 Expansion

DoD Section 889 Telecommunications Prohibition Waiver Expires

Merle M. DeLancey Jr. ● Effective October 1, 2022, Department of Defense (“DoD”) contractors must comply with Part B of Section 889 of the FY 2019 National Defense Authorization Act (“NDAA”). The approximately two-year long Part B waiver granted to the Director of National Intelligence expired October 1. DoD contractors cannot seek a DoD agency-level waiver … Continue readingDoD Section 889 Telecommunications Prohibition Waiver Expires

FY 2023 NDAA Muddies the Water on Whether Chinese Semiconductor Ban Will Apply to Contractors

Robyn N. Burrows ● Last month, we wrote about a proposed amendment to the FY 2023 National Defense Authorization Act (“NDAA”) that would prohibit contractors from selling certain Chinese semiconductor technologies to federal agencies and from using these same covered products and services. This measure was added through Section 5949 of the NDAA. On December 6, … Continue reading “FY 2023 NDAA Muddies the Water on Whether Chinese Semiconductor Ban Will Apply to Contractors”

Where Are We Going with Section 889 Part B?

Justin A. Chiarodo, Merle M. DeLancey, Jr., and Robyn N. Burrows About two months have passed since the August 13, 2020, effective date of Part B of Section 889 of the FY 2019 National Defense Authorization Act. Part B, sometimes referred to as the Chinese telecommunications equipment ban, broadly prohibits the federal government from contracting … Continue reading “Where Are We Going with Section 889 Part B?”

Newly Released Interim Rule Implementing Part B of Section 889

Justin A. Chiarodo, Merle M. DeLancey Jr., and Robyn N. Burrows On July 10, the government issued the    long-awaited Interim Rule implementing Part B of Section 889 (here is a link to the pre-publication version, with the official version soon to follow). Part B prohibits the federal government from contracting with entities that use certain … Continue reading “Newly Released Interim Rule Implementing Part B of Section 889”

And No Longer Trending: 7 FAQs Regarding the Federal Contractor TikTok Ban

Justin A. Chiarodo, Luke W. Meier, and Robyn N. Burrows ● Building on recent and ongoing efforts to limit Chinese government access to government contractor supply chains, the FAR Councils published an interim rule effective June 2, 2023, that will broadly ban TikTok on contractor and contractor employee electronic devices used in the performance of federal contracts. The ban … Continue reading “And No Longer Trending: 7 FAQs Regarding the Federal Contractor TikTok Ban”

What Does a Potential One-Year Delay for Part B of Section 889 Mean for Your Compliance Efforts?

Justin A. Chiarodo, Merle DeLancey Jr., and Robyn N. Burrows In remarks to Congress and statements this week, the Department of Defense (“DoD”) announced that it is considering a one-year delay for full implementation of Part B of the Section 889 ban (we previously summarized the ban, which prohibits the government from contracting with entities … Continue reading “What Does a Potential One-Year Delay for Part B of Section 889 Mean for Your Compliance Efforts?”

Starting December 4th, Contractors Must Rid Supply Chains of Covered Articles and Sources Subject to FASC Orders

Robyn N. Burrows ● Effective December 4, 2023, a new interim rule will prohibit contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018 (“FASCSA”). The rule is intended to eliminate certain technology from the federal supply chain that foreign … Continue reading “Starting December 4th, Contractors Must Rid Supply Chains of Covered Articles and Sources Subject to FASC Orders”

Five Steps to Take to Prepare for Part B of the Section 889 Ban

Merle M. DeLancey Jr., Justin A. Chiarodo, and Robyn N. Burrows Part B of Section 889 takes effect August 13, 2020. The ban prohibits the federal government from contracting with any “entity that uses” telecommunications and video surveillance products or services from Huawei Technologies Company Ltd. (Huawei) and four other Chinese entities, including their affiliates and … Continue reading “Five Steps to Take to Prepare for Part B of the Section 889 Ban”

For Part B of Section 889, Is Compliance by August 13, 2020, Realistic?

Merle M. DeLancey Jr., Justin A. Chiarodo, and Robyn N. Burrows On March 10, 2020, the Department of Commerce extended the deadline for U.S. companies to stop doing business with Huawei Technologies Co. Ltd. and its non-U.S. affiliates. The deadline has been extended multiple times and is now May 15, 2020. Under the extension, U.S. businesses … Continue reading “For Part B of Section 889, Is Compliance by August 13, 2020, Realistic?”

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