DoD and Commerce seeking comments on supply chain rules

The Department of Defense is seeking comments and information on President Biden’s Executive Order, “America’s Supply Chains,” which directs several federal agency actions to secure and strengthen the country’s supply chains. The U.S. Department of Commerce is also seeking public input on a licensing or other pre-clearance process for entities engaging in certain information and communications technology and services transactions (ICTS Transactions).

The defense department is seeking input from consumers and producers, as well as those with relevant expertise, on increasing transparency; diversifying sources of supply and production; establishing and strengthening manufacturing of value-added products; research, development and demonstration priorities to support production and advanced manufacturing base for materials; and, more. The deadline for submitting comments is April 28, 2021, and the full announcement is available here.

Additionally, on Jan. 29, 2021, the commerce department published an interim final rulemaking on the implementation of Executive Order 13873, “Securing the Information and Communications Technology and Services Supply Chain,” which would allow the Secretary of Commerce to prohibit certain information and communications technology and services transactions to address national security threats. The interim final rule became effective on March 22, 2021. Commerce sought to implement a licensing process by May 19, 2021, for any entities, including small businesses, seeking pre-approval. However, Commerce is now seeking additional public input on several aspects of a potential voluntary licensing or pre-clearance process. Written comments on the proposed rule are due April 28, 2021. More information is available here.