On April 7, 2020, the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issued a temporary final rule (“Rule”) to establish export restrictions on certain types of personal protective equipment (PPE) products and respirators (“Covered Products”) used in the response to the COVID-19 pandemic. The Rule implements the presidential memorandum dated April 3, 2020, in which President Trump directed Homeland Security to take action under the Defense Production Act of 1950 (50 U.S.C. § 4501) to prevent diversion of the necessary materials overseas. The Rule will remain in effect until August 8, 2020.

On April 17, 2020, the Federal Emergency Management Agency’s filed a notification of exemptions (the “Exemptions”) that identifies 10 exemptions for certain types of exports of the Covered Products. (The notice was published in the Federal Register on April 21, 2020 but effective on the date filed, April 17, 2020.)

Key Notes:

  • Effective April 7, 2020, most exports from the United States of certain respirators, masks and gloves require approval from FEMA.
  • Effective April 17, 2020, FEMA announced 10 exemptions to the export restrictions.
  • Exempted exports still require clearance from FEMA.
  • Restrictions continue until August 8, 2020.

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