The U.S. Department of Homeland Security has announced a Temporary Final Rule (to be published and effective April 10, 2020), dealing with “Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use.” This Rule prohibits the export of enumerated personal protective equipment (PPE), including certain respirators, surgical masks and gloves. Under this temporary Rule, “before any shipments of such covered materials may leave the United States, CBP will detain the shipment temporarily, during which time FEMA will determine whether to return for domestic use, issue a rated order for, or allow the export of part or all of the shipment … FEMA will make such a determination within a reasonable time of being notified of an intended shipment and will make all decisions consistent with promoting the national defense.”
Exceptions are available for certain defense, humanitarian and pre-existing commercial contracts.
A copy of the Rule is available at the here and at govinfo.gov. If you have any questions regarding the application of this Rule to your business, please contact us.
