SUMMARY: The Department of Health and Human Services (HHS) announces the issuance of a Notice under Executive Order 13910 (Executive order) and section 102 of the Defense Production Act of 1950 (the Act), as amended, designating health and medical resources necessary to respond to the spread of Coronavirus Disease 2019 (COVID–19) that are scarce or the supply of which would be threatened by excessive accumulation. These designated materials are subject to the hoarding prevention measures authorized under the Executive order and the Act. The Notice was issued on March 25, 2020.
DATES: This action took effect March 25, 2020.
FOR FURTHER INFORMATION CONTACT: Bryan Shuy: 202–703–8610; Bryan.Shuy@hhs.gov.
The Department of Health and Human Services (HHS) Executive Order 13910: COVID-19 Hoarding Prevention announces the issuance of a Notice under and section 102 of the Defense Production Act of 1950. Please note the memorandum provided by CBP regarding Executive Order 13910.
“FEMA has conveyed to CBP that the focus of this effort is on commercial quantities. Commercial quantities are currently defined as shipments valued or $2,500 and containing more than 10,000 units of gloves, masks, or other commodities […]. The following circumstances are also excluded:
• Exports to Canada or Mexico;
• Exports to U.S. Government entities such as U.S. military bases overseas;
• Exports by U.S. Government agencies;
• Exports by U.S. charities;
• Exports by critical infrastructure industries for the protection of their workers;
• Exports by the 3M Company;
• Express or Mail Parcels that do not meet the commercial quantity definition above;
• In-transit shipments”.
The Department of Health and Human Services (HHS) and the Federal Emergency Management Agency (FEMA) have issued a list of fifteen health and medical supplies that are prohibited for export, under Executive Order 13910.
1. N-95 Filtering Facepiece Respirators
2. Other Filtering Facepiece Respirators
3. Elastomeric, air-purifying respirators
4. Powered Air Purifying Respirator (PAPR)
5. Portable Ventilators
6. Drug product with Chloroquine phosphate or hydroxychloroquine HCI
7. Sterilization service for any device
8. Disinfecting devices intended to kill pathogens and other kinds of microorganisms
9. Medical gowns or apparel
10. Personal protective equipment (PPE) coveralls
11. PPE face masks
12. PPE surgical masks
13. PPE face shields
14. PPE gloves or surgical gloves
15. Ventilators, anesthesia gas machines
The Executive Order can be accessed here.
- DEPARTMENT OF HEALTH AND HUMAN SERVICES
Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures Under Executive Order 13910 and Section 102 of the Defense Production Act of 1950: https://www.hhs.gov/sites/default/files/hhs-dfa-notice-of-scarce-materials-for-hoarding-prevention.pdf
- Executive Order on Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19: https://www.whitehouse.gov/presidential-actions/executive-order-preventing-hoarding-health-medical-resources-respond-spread-covid-19/
- FEDERAL REGISTER: Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures