The Federal Emergency Management Agency (FEMA) has released a temporary final rule on US exports of personal protective equipment (PPE). It went into effect on April 7, 2020 (upon filing in the Federal Register) and, unless otherwise modified or rescinded, will stay in effect for 120 days after publication in the Federal Register. The expected publication date is April 10, 2020, leaving the rule in effect until August 8, 2020.
Pursuant to this rule, exports from the US of certain listed categories of PPE, including filtering facepiece respirators, surgical masks, exam gloves and surgical gloves, are prohibited without the explicit approval of FEMA. FEMA issued this temporary rule under the authority of the Defense Production Act (DPA) as part of its response to the COVID-19 pandemic.
Our team, including lawyers and public policy professionals, is assisting all health and life sciences-related entities in anticipating and complying with these changes. We have set up a dedicated resource center for business on the legal, regulatory and commercial implications of COVID-19.
Please contact us for assistance on ways to work with FEMA or other federal agencies spearheading the relief efforts.