Category Archives: China

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The List of Forbidden Products Grows: The NDAA’s Prohibitions on Use of Certain Chinese-Made Equipment

The 2019 National Defense Authorization Act (“NDAA”) imposes new restrictions on procurements for telecommunications equipment or services based on ties to certain Chinese entities, thereby growing the list of forbidden products for contractors. Specifically, Section 889 prohibits executive-branch agencies from initiating procurements or entering into contracts for certain telecommunications equipment or services from companies associated … Continue Reading

Buy American Redux – 15 Tips for Navigating the Buy American Maze

By David Gallacher Two months ago, we published a brief list of compliance tips to keep in mind when dealing with Buy American requirements. We got an awful lot of calls asking for more information, so – at the risk of giving you more information than you wanted on a very complicated topic – David … Continue Reading

“Buy American” Compliance Tips

By David Gallacher 1. There is no single “Buy American” requirement – there are numerous statutes with differing requirements. Make sure you know which one applies. 2. Whether you are a prime or a subcontractor, certify only to the specific “Buy American” requirements in the RFP; do not make a broader certification than is required.… Continue Reading

Free Trade Agreement Updates for 2012

By David Gallacher 2012 saw several updates with regard to free trade agreements (“FTAs”) between the U.S. and its international trading allies. The most notable of these was the U.S.-Korea FTA (“KORUS”), but several other changes were made to the U.S. procurement regulations implementing other free trade agreements. Regrettably, negotiations with China remain stalled with … Continue Reading

“Buy American” and Photovoltaic Devices – Interim Rule Issued by DoD

By David Gallacher and Curt Dombek Last year in January 2011, the President signed the 2011 National Defense Authorization Act (Pub. L. No. 111-383, Section 846), which included a “Buy American” requirement for photovoltaic devices being purchased by the U.S. Department of Defense (“DoD”). We previously discussed this new requirement in our blog. Twelve months … Continue Reading

New 2012 Updates to U.S. Free Trade Agreements Expected; No Progress With China

By David Gallacher 2012 will see changes regarding U.S. free trade agreements relating to, first, the dollar thresholds at which the various agreements apply to federal purchases and, second, the likely expansion of the scope of the World Trade Organization Government Procurement Agreement ("WTO GPA"). The updated dollar thresholds are important for government contractors because … Continue Reading

China Beefs Up Its Anti-Bribery Law With Its Very Own Version Of The FCPA

By John M. Hynes Companies doing business in the People’s Republic of China (“PRC”) have yet another path to potential criminal liability. On February 25, 2011, the PRC legislature passed 49 amendments to the PRC Criminal Law. One such amendment – Amendment No. 8 of the PRC Criminal Law – criminalizes the payment of bribes to non-PRC … Continue Reading
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