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Biden Administration

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On September 24, 2021, the Commerce Department’s Bureau of Industry (“BIS”) published a “Notice of Request for Public Comments on Risks in the Semiconductor Supply Chain” (“Notice”). The Notice seeks responses from various parties in the semiconductor supply chain about current shortages and related issues. Comments in response to the Notice are due by November 8, 2021. The Notice was issued in response to a 100-Day Supply Chain Review (“Review”) of semiconductors and advanced packaging…

Concern regarding IP theft and other forms of unfair trade practices have been of paramount importance in the past five years in the United States – and have indeed been the justification for imposing significant and long-lasting trade barriers. The Biden Administration affirmed its commitment to using a wide range of remedies to address such trade practices through a set of reports on the 100-day interagency reviews conducted pursuant to Executive Order 14017 “America’s Supply…

On January 19, 2021, the US Commerce Department (“Commerce”) published an interim final rule (“Interim Rule”) to implement Executive Order 13873, “Securing the Information and Communications Technology and Services (“ICTS”) Supply Chain.” The Interim Rule was issued following the public comment period’s closure on January 10, 2021 on the proposed rules issued on November 27, 2019 (“Proposed Rules”). For more information on the Proposed Rules and the Interim Rule, please see our blog posts here and here. When it requested comments on…

On April 20, 2021, the Biden Administration took steps to address cybersecurity risks in the US energy sector industrial base by announcing a 100-day cybersecurity initiative for electricity subsector industrial control systems (“100-Day Plan”) and by issuing, on April 22, 2021, a Request for Information to inform future recommendations for US energy systems’ supply chain security (“RFI”). Public comments in response to the RFI are due by June 7, 2021. These actions support the Biden…

On April 21, the US Department of Agriculture (“USDA”) published a request for comments on supply chains for the production of agricultural commodities and food products under the America’s Supply Chains Executive Order (the “Supply Chain EO”) that President Biden signed on February 24, 2021. (See our blog post on the Supply Chain EO for more background.) Agricultural commodities and food products is one of the six industrial sectors the supply chains of which are subject to review pursuant…

On April 13, the US Department of Defense (“DOD”) published a request for comments on the strategic and critical materials supply chain under the America’s Supply Chains Executive Order (the “Supply Chain EO”) that President Biden signed on February 24, 2021. (See our blog post on the Supply Chain EO for more background.) Strategic and critical materials, which include rare earth elements and other minerals and metals used in laptops, cell phones, and other technologies,…

This year, Baker McKenzie’s annual supply chain conference opened with a robust discussion about what we can expect from the Biden Administration, how this might impact supply chain regulations, and our predictions for what lies on the horizon. Our presenters also covered best practices and emerging topics in sustainability including the expansion of ESG legal requirements, litigation risk and responsible sourcing risk management. Click here to view* the recording. *Note that only live Baker McKenzie…

The Biden Administration has taken some initial steps towards identifying vulnerabilities in the semiconductor manufacturing and advanced packaging supply chain, which was one of the four critical supply chains addressed in President Biden’s February 24, 2021 Executive Order on “America’s Supply Chains” (“the Supply Chain EO”). As detailed in our March 2, 2021 blog post, the Supply Chain EO requires relevant government agencies in these four critical areas to submit a report within 100 days…

On February 24, 2021, President Biden signed an Executive Order on America’s Supply Chains (the “Supply Chain EO”) ordering federal agencies to identify vulnerabilities in key US supply chains and develop policy recommendations to make those supply chains more resilient, diverse, and secure. In his remarks prior to signing the Supply Chain EO, President Biden presented the review as a strategic initiative that will complement shorter-term efforts to address recent shortfalls in semiconductor supplies, and…