Photo of Alan W. H. GourleyPhoto of Dj WolffPhoto of Stephanie Crawford

The Federal Emergency Management Agency (FEMA), under the Department of Homeland Security, has released a Temporary Final Rule that invokes the Defense Production Act (DPA) to allocate certain Personal Protective Equipment (PPE) for domestic use and prohibit exportation of PPE from the U.S. without express FEMA approval. The mechanics of implementation remain somewhat unclear, but the rule provides for Customs and Border Protection to detain outbound shipments of PPE until FEMA determines whether to return the shipment for domestic use, issue a DPA-covered order against the PPE, or allow the export of all or part of the order in the interest of national defense. Covered PPE (“covered material”) includes:

  • N95 Filtering Facepiece Respirators
  • Other Filtering Facepiece Respirators
  • Elastomeric, air-purifying respirators and appropriate particulate filters/cartridges
  • PPE surgical masks
  • PPE gloves or surgical gloves

FEMA commits to make determinations “quickly” and “within a reasonable time of being notified of an intended shipment.” The rule exempts covered material shipments made by or on behalf of U.S. manufacturers with continuous export agreements with customers in other countries since at least January 1, 2020, provided that at least 80% of the manufacturer’s domestic production of covered material was distributed in the U.S. in the preceding 12 months. Those violating the rule may be subject to a fine up to $10,000, imprisonment for up to one year, and/or an injunction. The rule will be effective when published in the Federal Register, currently scheduled for April 10.

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Photo of Alan W. H. Gourley Alan W. H. Gourley

Alan W. H. Gourley is a partner in the Washington, D.C. office of the law firm of Crowell & Moring and serves as a member of the Steering Committee for the firm’s Government Contracts Group. He graduated magna cum laude from Beloit College…

Alan W. H. Gourley is a partner in the Washington, D.C. office of the law firm of Crowell & Moring and serves as a member of the Steering Committee for the firm’s Government Contracts Group. He graduated magna cum laude from Beloit College in 1977 and from the University of Virginia School of Law in 1981. He is a member of the District of Columbia bar.

Photo of Dj Wolff Dj Wolff

David (Dj) Wolff is a partner and attorney at law in the firm’s Washington, D.C. and London offices and a director with C&M International, the firm’s trade policy affiliate.

At Crowell & Moring, he practices in the International Trade Group, where his practice…

David (Dj) Wolff is a partner and attorney at law in the firm’s Washington, D.C. and London offices and a director with C&M International, the firm’s trade policy affiliate.

At Crowell & Moring, he practices in the International Trade Group, where his practice covers compliance with U.S. economic sanctions, export controls and antiboycott regimes, and anti-money laundering (AML) laws and regulations. He is experienced in providing day-to-day compliance guidance, developing compliance programs including through on-site compliance trainings, responding to government inquiries, conducting internal investigations, representing them during civil and criminal enforcement proceedings, and, in collaboration with colleagues, managing the potential conflict of laws that can arise from the interaction between extraterritorial impacts of U.S. regulations and third country “blocking” laws or data privacy regulations. Dj splits his time between Washington and London, working regularly with European clients and colleagues to provide coordinated guidance on U.S., U.K., and EU sanctions compliance and enforcement. Dj also has extensive experience in international mergers and acquisitions, advising both buyers and sellers regarding the international trade implications of a potential deal.

Photo of Stephanie Crawford Stephanie Crawford

Stephanie L. Crawford is a counsel in Crowell & Moring’s Washington, D.C. office, practicing in the Government Contracts group.

Stephanie’s practice focuses on mergers and acquisitions, contract and regulatory compliance reviews, and counseling on supply chain, sourcing, and national security issues. Her practice…

Stephanie L. Crawford is a counsel in Crowell & Moring’s Washington, D.C. office, practicing in the Government Contracts group.

Stephanie’s practice focuses on mergers and acquisitions, contract and regulatory compliance reviews, and counseling on supply chain, sourcing, and national security issues. Her practice supports clients in the aerospace & defense, communications, energy, information technology, and consumer products sectors.