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Section 889 Webinar

February 5 @ 12:00 pm - 1:00 pm

Please join the Coalition for a special 1-hour webinar focusing on Section 889 of the National Defense Authorization Act of 2019, which bans certain Chinese telecommunications equipment and services from the supply chain. This program will feature Sheppard Mullin’s Jonathan Aronie and GSA’s Michael Thompson.

Section 889 is extremely broad and will impact most every company that sells products or services to the U.S. Government. The law has two key subsections, Subsection A, which was implemented through a FAR provision, a FAR clause, and a GSAR clause, and Subsection B, for which a FAR rule is anticipated in March.

Effective August 2019, Subsection A prohibits the federal Government from purchasing products incorporating Chinese technology produced by Huawei Technologies Company or ZTE Corporation (as well as three other Chinese companies). Subsection A also prohibits the purchase by the federal government of services — whether funded by a contract or by a grant — that use covered technology.

Effective August 2020, Subsection B prohibits the federal Government from entering “into a contract (or extend or renew a contract) with an entity that uses” the prohibited technology even if that use is wholly unrelated to a federal contract.

The webinar will provide a brief overview of the rule, explain its scope, and suggest compliance best practices. The presenters also will tackle a number of frequently asked questions including questions regarding the application of the rule to overseas affiliates, the reach of the rule to parents and subsidiaries, the usefulness of vendor certifications, and the scope of the August 2020 “use” prohibition.

This webinar is recommended for contracts professionals, ethics/compliance officers, legal counsel, and corporate leadership.