US: UPDATE ON THE EXECUTIVE ORDER PROHIBITING IMPORT AND INSTALLATION OF BULK POWER SYSTEM EQUIPMENT SOURCED FROM A FOREIGN ADVERSARY

On 8 June, DLA Piper published a brief saying that the US energy industry is facing considerable uncertainty about the scope and expected implementation of the Executive Order1 issued by President Trump on 1 May barring the importation or use of “bulk-power system equipment” in transactions involving a “foreign adversary” and risks to national security. While no specific country is named in the order – target jurisdictions have yet to be specified – it seems likely that China is one of the intended jurisdictions that may be named at a later date. The brief considers FAQ issued by the Department of Energy, and such questions as who will qualify as a “foreign adversary” for purposes of the Order, and the equipment to which it will apply.  The Executive Order requires the Secretary of Energy to establish regulations implementing the Order within 150 days or by 28 September, and this is likely to be preceded by a consultation process.

https://www.dlapiper.com/en/us/insights/publications/2020/06/update-on-the-executive-order-prohibiting-import-and-installation-of-bulk-power-system-equipment/

 

 

 

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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