Photo of Alan W. H. Gourley

Alan W. H. Gourley is a partner in the Washington, D.C. office of the law firm of Crowell & Moring and serves as a member of the Steering Committee for the firm's Government Contracts Group. He graduated magna cum laude from Beloit College in 1977 and from the University of Virginia School of Law in 1981. He is a member of the District of Columbia bar.

Asserting that Huawei has taken advantage of a “loophole,” Secretary of Commerce Ross on Friday, March 15, 2020, announced an amendment of the direct product rule that for now applies only to Huawei and its affiliates on the Entity List. The amendment expands the scope of the rule to capture certain foreign manufactured items, making

In a press release published on May, 15, 2020, the Bureau of Industry and Security (BIS) announced plans to move forward with a long debated rule change that will extend US export jurisdiction over additional foreign-produced items.  Though not yet published in the Federal Register, BIS announced a change to the foreign-produced direct product rule

On May 1, 2020, the President signed a new Executive Order (EO) declaring a national emergency regarding certain threats to the U.S. bulk-power system and broadly prohibiting acquisition, importation, transfer, or installation of any “bulk-power system electric equipment” where the transaction, by any person, involves property in which any foreign country or national thereof has

On May, 6, 2020, the Directorate of Defense Trade Controls (DDTC) will publish a notice in the Federal Register announcing a temporary reduction in certain International Traffic in Arms Regulations (ITAR) registration fees due to the COVID-19 pandemic.

  • DDTC will temporarily reduce registration fees to $500 for DDTC registrants in Tier I and Tier II

On April 28, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) published two new final rules and a proposed rule amending the Export Administration Regulations (EAR) to: (1) impose export license requirements on an expanded scope of items when destined for “military end use” or to “military end users” in China, Russia,

On April 4, 2020, President Trump issued an Executive Order formalizing the working group colloquially known as “Team Telecom” and its review of certain licensing applications referred to it by the Federal Communications Commission (FCC) for national security and law enforcement concerns. The order comes amidst increasing concern of foreign influence over the U.S. telecommunications

Mar.26.2020

In a per curiam, unpublished decision in In re Fluor Intercontinental, Inc., issued on March 25, 2020, the Fourth Circuit has provided some valuable guidance concerning how companies may avoid waivers of the attorney-client privilege when making disclosures to the government after privileged internal investigations. While the decision is non-precedential even within the

Today, in Acetris Health, LLC v. United States, the Federal Circuit held that a pharmaceutical manufactured in the United States qualified for sale, under the Trade Agreements Act of 1979 (TAA), to the Department of Veterans Affairs even though the active pharmaceutical ingredient (API) came from a non-designated country, India.

In reaching this decision,

On December 26, 2019, the State Department issued an interim final rule that nearly mirrors the changes adopted by the Commerce Department in 2016. The new ITAR rule will allow for cloud based storage and handling in the U.S. and abroad of appropriately encrypted ITAR controlled software and technical data. It will take effect on

On October 14, 2019, the Trump Administration followed through on its recent threats by issuing a new Executive Order (EO) (as yet unnumbered) establishing sanctions that effectively target the Turkish Government in response to the latter’s military intervention into Northern Syria. Using this authority, the U.S. Department of the Treasury’s Office of Foreign Assets Control