FEMA Implements Temporary Rule Restricting Exports of Certain Personal Protective Equipment Used to Treat the COVID-19 Virus

• N95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece non-powered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates;
• Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100), including single-use, disposable half-mask respiratory protective devices that cover the user’s airway (nose and mouth) and offer protection from particulate materials at an N95 filtration efficiency level per 42 CFR 84.181;
• Elastomeric, air-purifying respirators and appropriate particulate filters/cartridges;
• PPE surgical masks, including masks that cover the user’s nose and mouth and provide a physical barrier to fluids and particulate materials;
• PPE gloves or surgical gloves, including those defined at 21 CFR 880.6250 (exam gloves) and 878.4460 (surgical gloves) and such gloves intended for the same purposes; and,
• Additional items in the future that are determined to be scarce and necessary for national security.

• Shipments valued under $2,500 or consisting of less than 10,000 units;
• Intracompany transfers not for sale to third parties;
• Exports to Canada or Mexico;
• Exports to US government entities (e.g., to US military installations overseas);
• Exports by US government agencies;
• Exports by US charitable organizations;
• Exports by critical infrastructure industries for the protection of their workers;
• Exports by the 3M company; and,
• In-transit shipments.

Persons Subject to the Temporary Rule

• CBP will determine whether an export shipment contains covered PPE products based on information submitted in the shippers’ Electronic Export Information (EEI) filings via the Automated Export System (AES) and physical examination of the products.
• CBP will temporarily detain any export shipment of covered PPE products and notify FEMA of the intended export.
• FEMA will conduct a review and, within a reasonable timeframe after notification, determine whether to: (a) order the return of the shipment for domestic use; (b) issue a rated purchase order for all or part of the shipment under the Defense Production Act (DPA); or, (c) allow the export of all or a portion of the shipment. Factors that will be considered in the review include—
• Need to ensure that scarce/threatened items are allocated for domestic use;
• Minimization of disruption to the supply chain in the US and abroad;
• Circumstances surrounding the distribution of materials;
• Potential hoarding or price-gouging concerns;
• Quantity and quality of the materials in question;
• Humanitarian considerations; and,
• International relations and diplomatic considerations.

Consequences of

Non-Compliance