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3 hours
This is session 2 of 2 in the Managing Products, Components and People in China and other Countries of Orgin virtual course.

In this course, we will take a tour through four different areas that affect contractors across a multitude of sectors. We will cover significant restrictions on the country of origin of products and components, the supply of certain products, the receipt of investments, and the use of employees from China or other countries that may prohibit you from contracting with United States government.

LEARNING OBJECTIVES:
After completing this course, you will be able to:
  • Navigate restrictions on dealing with Chinese entities, including the Section 889 restrictions on using any equipment, system, or service that uses “covered telecommunications equipment or services”
  • Know when you can say a product is “Made in America”
  • Know what domestic manufacturing requirements attach to products embodying IP paid for by the Government
  • Recognize when export controls (such as the ITAR and EAR) may apply
  • Navigate industrial security issues, including the National Industrial Security Program Operating Manual (NISPOM) 
  • Understand the role of the Committee on Foreign Investment in the United States (CFIUS) and applicable statutes and regulations

AGENDA:
Supply Chain Security – Section 889
  • FAR Part 4.21 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance 
  • Definition of “Covered Telecommunications Equipment”
  • Representations Regarding “Covered Telecommunications Equipment and Services”
  • What is a “reasonable inquiry”?
  • Required Disclosures for Equipment and Services
  • FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
“Made in USA”
  • Federal Trade Commission Requirements
  • BAA and “Made in USA”
  • Standard for Properly Marking or Labeling an Article “Made in USA”
  • Consequences of Incorrectly Marking or Labeling an Article “Made in USA”
Domestic Manufacturing Requirements – Government-Funded IP
  • Restrictions on Products Embodying Inventions Developed with Government Funding
  • Domestic Manufacturing Obligation
  • What is “Manufactured Substantially” in the United States?
Restrictions on Contracting with Foreign Investors, Owners, and Employees
  • Export Controls Purpose and Scope
  • ITAR, EAR Jurisdiction and Licensing
  • Industrial Security Issues 
  • The National Industrial Security Program Operating Manual (NISPOM) 
  • The Committee on Foreign Investment in the United States (CFIUS) and applicable statutes and regulations
 
 NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.
About Our Experts
  • Zack Hadzismajlovic
    Partner, McCarter & English
    Zlatko “Zack” Hadzismajlovic is a partner at McCarter & English. Zack’s practice focuses on international trade, export controls and customs matters as well as global mobility issues. Zack represents clients in a wide spectrum of controlled defense, dual-use (ITAR, EAR, OFAC) and purely commercial trade matters. In addition, Zack counsels client in navigating deals through the newly reformed review and submission requirements related to foreign direct investments (CFIUS, FOCI, BEA) as well as in the pre-transaction planning and diligence and post-transaction implementation of mitigation instruments.
    JD, New York School of Law
    BA, Hunter College
  • Dan Kelly
    Partner, McCarter & English
    Dan Kelly is a partner at McCarter & English. He brings over 30 years of experience to the firm’s government contracts group, combining both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products, and services, including emerging and established businesses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies.

    Dan serves on the Board of Directors for the Boston Chapter of the National Contract Management Association (NCMA) and as vice president for the New England Chapter of the National Defense Industrial Association (NDIA), and is a frequent speaker Dan is a frequent lecturer for Federal Publications on U.S. domestic preference statutes, regulations and executive orders as they apply to the U.S. Government supply chain.
    JD, George Washington University Law School, with honors
    BA, College of the Holy Cross, magna cum laude, with honors
  • Cara Wulf
    Partner, McCarter & English
    Cara Wulf is a partner in the Government Contracts & Global Trade practice group at McCarter & English. She focuses her practice on government contracts and regulations. She has extensive experience counseling clients regarding compliance with federal, state, and local public procurement requirements. She also assists in litigation involving bid protests, claims, and other disputes before federal agencies, courts and the U.S. Government Accountability Office (GAO). Cara is a frequent lecturer for Federal Publications on U.S. domestic preference statutes, regulations and executive orders as they apply to the U.S. Government supply chain.
    MBA, Babson College
    JD, University of Michigan Law School
    BA, University of Michigan
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