Information on the US Defense Production Act (DPA)
In 1950, the US launched the US Defense Production Act (DPA), giving the Government more control during emergencies to direct industrial production.
The Federal Emergency Management Agency describes the Act as "the primary source of presidential authorities to expedite and expand the supply of resources from the US industrial base to support military, energy, space and homeland security programs."
In March 2020, US President Donald Trump invoked the US DPA in response to COVID-19.
ABHI are aware that many members will be impacted by this policy, and we are holding weekly calls with colleagues in the US Commercial Service to stay abreast of developments. We are also working closely with AdvaMed, our US sister agency, to provide the latest detail and analysis on the Act and what it means for your business. AdvaMed's dedicated COVID-19 MedTech Resource Center can be found here.
A list of useful resources related to the US DPA can be found below.
To coordinate enquiries regarding the import and export of medical supplies, the U.S. Customs and Border Protection's (CBP) Pharmaceuticals, Health and Chemical Center of Excellence and Expertise has established the COVID-19 Cargo Resolution Team (CCRT).
If companies experience any issues, they should write to: COVID19_RELIEF_IMPORTS@cbp.dhs.gov. In doing so, please provide the following:
- Shipment information: manifest or air waybill numbers, tracking numbers, entry numbers, mode of transport information
- Conveyance information: carrier name, mode of transportation, flight number, vessel/voyage number, port of arrival, port of entry
- Cargo description: complete description of the goods being shipped
- Country information: country of manufacture, country of export
- Parties involved: names and locations of manufacturers, shippers, importers, and consignees.
- A copy of the US Defense Production Act can be found here.
- A copy of the recent US Executive Order (27th March 2020) Delegating Additional Authority Under the US DPA for Health and Medical Resources to Respond to the Spread of COVID-19. An analysis of this was conducted by Amy Porges, available here.
- From the Federal Register Public Inspection Site. This rule is scheduled to be published on Friday April 10. It will be effective from April 7 through August 8 (April 10 + 120 days). It is a temporary rule to enable the US Federal Emergency Management Agency (FEMA) to "allocate certain scarce or threatened materials for domestic use, so that these materials may not be exported from the United States without explicit approval by FEMA. The rule covers five types of personal protective equipment (PPE), outlined below. While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA."
- N95 Filtering Facepiece Respirators
- Other Filtering Facepiece Respirators
- Elastomeric, air-purifying respirators and appropriate particulate filters/cartridges
- PPE surgical masks
- PPE gloves or surgical gloves.
- Attached is an analysis by Amy Porges.