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DoD Publishes New Other Transactions Guidance

Client Alert | 1 min read | 12.07.18

DoD recently published a new online Other Transactions (OT) Guide, replacing the Other Transactions Guide for Prototype Projects, Version 1.2, dated January 2017. Whereas the previous guide applied only to prototype OTs, the new OT Guide addresses research other transaction agreements (OTAs) under 10 U.S.C. §2371, prototype OTAs under 10 U.S.C. §2371b, and follow-on production OTAs under 10 U.S.C. §2371b(f). The new OT Guide also provides practical guidance to Government Agreement Officers and attempts to debunk “Common OT myths.” Among other things, the new OT Guide reinforces that OTAs are intended to be flexible instruments, for example, by encouraging Agreements Officers to negotiate intellectual property rights that differ from those that would apply to FAR-based procurement contracts.

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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....

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