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, the Sheppard Mullin Supply Chain Management Team discusses 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.

Country of Origin & Buy America 2024 Series
Third Thursday of the Month, 12:00-1:30pm ET

• January 18 - Buy American Act
• February 15 - Trade Agreements Act
• March 21 - Buy America Requirements under Federally-Funded Transportation Contracts and Programs
• April 18 - Country of Origin requirements under Federal Grant Programs
• May 16 - Customs and “Made in the U.S.A.” Labeling
• June 20 - DOD: The Berry Amendment
• July 18 - DOD: Specialty Metals Restrictions
• August 15 - “Buy America” Round-Up: Additional Country of Origin Requirements
• September 19 - Sanctions and other Prohibited Sources