Country of Origin & Buy America: Trade Agreements Act

Country of Origin & Buy America: Buy American Act Series 2025

Doing business with the government – not just the U.S. Government, but also state and local governments – requires companies to operate in a highly regulated arena. In recent years, the government has placed significant emphasis on contractor supply chains, including through the imposition of ever-growing and evolving domestic preferences and country of origin requirements.

Commonly referred to as “Buy America” requirements, there is no single statute or regulation governing country of origin requirements, with specific requirements changing based on a variety of factors – including contract size, type of materials purchased, the purchasing entity, and even the nature of the procurement itself. To make matters even more complicated, in certain instances “Buy America” requirements yield to international agreements, placing the U.S. free trade partners on equal footing with U.S.-based companies.

How can you know what is and what is not acceptable under your contract? How can you ensure that you are not falsely certifying compliance with a country of origin requirement that you do not understand? Join David Gallacher (Kutak Rock LLP) and Ariel Debin (Sheppard Mullin LLP) as we explore these questions in this comprehensive 9-part series navigating the complicated “Buy America” maze and exploring in depth the most common country of origin requirements under government contracts.

Throughout this series, attendees will learn about:

• The various “Buy America” and “Buy American” regimes, including recent updates over the last year;
• Country of origin tests adopted by U.S. Federal agencies, including the requirement to “manufacture” or “substantially transform” a manufactured product in a specific country;
• Requirements unique to federally-funded Infrastructure and grant programs, including new requirements imposed by the Build America, Buy America (BABA) Act and longstanding requirements under federally-funded transportation projects;
• Special rules uniquely applicable to Defense Programs, like the Berry Amendment and Specialty Metals restrictions;
• Exceptions and waivers that may be available for non-conforming products;
• The differences between a “Buy American” certification and a “Made in the U.S.A.” label on product packaging;
• How sanctions and other prohibited sources rules can affect your country of origin compliance; and
• Compliance best practices for government contractors, including tips to lower the risks of False Claims Act violations and other false certifications, exploring real-world examples.

Country of Origin & Buy America 2025 Series
Second Wednesday of the Month, 10:00-11:30am ET

• January 8 – Buy American Act
• February 12 – Trade Agreements Act
• March 12 – Build America, Buy America and Other Federal Grant Programs
• April 9 – Buy America Requirements under Federally-Funded Transportation Contracts and Programs
• May 14 – Customs and “Made in the U.S.A.” Labeling
• June 11 – DOD: The Berry Amendment
• July 9 – DOD: Specialty Metals Restrictions
• August 13 – “Buy America” Round-Up: Additional Country of Origin Requirements
• September 10 – Sanctions and other Prohibited Sources

Session 2: Trade Agreements Act

The United States has entered into numerous free trade agreements (FTAs) with countries around the world, broadly promising allied countries that the U.S. will not discriminate against products and services from such foreign countries in U.S. government procurements. This means that, in many circumstances, products and services from foreign countries must be afforded similar kinds of preferences, notwithstanding other “Buy America” priorities under the Buy American Act. In Part 2 of this 9-part series, we discuss the Trade Agreements Act (TAA), the implementing regulations at FAR Subpart 25.4, and other developments relating to U.S. trade policy.

In this session, we will cover:

• The fundamentals of Trade Agreements Act compliance;
• How to distinguish between Buy American Act and Trade Agreements Act requirements;
• What it means to “substantially transform” a product or software in an approved country;
• Common pitfalls with Trade Agreements Act compliance, and best practices to mitigate potential false certifications.