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Section 889 Chinese Telecommunications Ban

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Description


Description:  
Although the initial compliance flurry of Section 889 has quieted, the requirement remains. Is your company up-to-date on how federal agencies are interpreting the requirement and implementing the proper controls?

Section 889 of the 2019 National Defense Authorization Act prohibited contractors from providing certain Chinese telecommunications products and services to the Federal Government and using them across their enterprises. The law was implemented in 2019 and 2020 and requires annual certifications by every federal contractor after conducting a "reasonable inquiry" of their IT systems and services. As the law has matured, it has been subject to interpretation and prudent practices regarding compliance and risk mitigation. Without a sufficient interpretation of the requirement in their annual certifications, companies could suffer potentially significant legal consequences. Join this webinar to update your understanding of recent developments and compliance approaches.
Learning Objectives:

  • Display an up-to-date understanding of the status and interpretation by federal agencies of the regulations implementing the Section 889 ban on providing and using covered products and services
  • Examine your organization’s internal controls and procedures for complying with the ban on providing or using covered products and services
Intended Audience: Executives, compliance professionals, contracts management professionals and IT professionals at companies subject to Section 889 requirements.
CMBOK Competencies:
  • 2.4, "Risk Management"
  • 2.5, "Supply Chain Management"
  • 3.4, "Regulatory Compliance"
  • 7.1, "Continuous Learning"
Level of Difficulty: Intermediate


Contributors

  • Eric Crusius, Partner, Holland & Knight

    Partner
    Holland & Knight LLP

    Eric Crusius is a partner at Holland & Knight who focuses his practice on a wide range of government contract (GovCon) matters, including bid protests, claims and disputes, compliance issues and sub-prime issues.

    Mr. Crusius has extensive experience in government contract litigation, including successfully prosecuting and intervening in numerous bid protests before the U.S. Court of Federal Claims (USCFC), U.S. Government Accountability Office (GAO), boards of contract appeals and other federal agencies. He counsels clients regarding the Service Contract Act (SCA) and other labor issues, domestic preferences, export controls, cybersecurity, subcontracting and teaming agreements, and compliance with the Federal Acquisition Regulation (FAR) and other agency regulatory requirements such as the Defense Federal Acquisition Supplement (DFARS). Mr. Crusius also represents contractors in investigations, suspension and debarment proceedings, and in federal and state courts. He also supports the firm's corporate practice and performs due diligence and compliance reviews for acquisitions and sales of entities and business units in the defense and civilian space.

    Mr. Crusius also draws on his previous experience representing internet-based companies across the globe and focuses on cybersecurity issues particular to government contractors, including counseling contractors regarding cybersecurity compliance obligations, specialized breach response requirements required by various federal agencies (including the DOD), and certifications such as the Cybersecurity Maturity Model Certification (CMMC) and Federal Risk and Authorization Management Program (FedRAMP). He is an industry thought leader with respect to these issues having appeared on Government Matters, Federal News Network and featured at conferences to provide insight to the greater contractor community.

  • David Black, Partner, Holland & Knight LLP

    David S. Black is a government contracts attorney and co-chair of Holland & Knight's national Government Contracts Group, and is based in the firm's Tysons office. Mr. Black's practice involves serving as a trusted advisor, problem solver and advocate for federal contractors, awardees, and subcontractors in every stage of growth. He provides legal advice and representation to help his clients secure opportunities, enhance performance, mitigate risk and respond to threats. Mr. Black serves contractors and awardees in a broad array of industries, with an emphasis on innovative technology, cutting-edge products, professional services, healthcare, and research and development (including sponsored research at colleges and universities).

    Mr. Black's practice involves strategic and tactical advice, dispute resolution, counseling and risk management, and transactional work.

April 28, 2022
Thu 12:00 PM EDT

Duration 1H 30M

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