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COVID-19 quick take: FEMA eases restrictions on medical resource exports

Susan Swann, Esq.  

Susan Swann, Esq.  

(April 21, 2020) - The Federal Emergency Management Agency on April 21 announced (2020 WL 1914729) nine exemptions from its April 10 rule under the Defense Production Act of 1950 barring export of scarce health and medical resources without agency approval.

Under the new exemptions, shipments to U.S. commonwealths and territories are not to be treated as exports. In addition, intercompany resource transfers by U.S. businesses and exports to Canada and Mexico do not require FEMA approval.
The exemptions come within FEMA’s authority under Section 101 of the DPA to establish exemptions that will promote the national defense.

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