FCC Covered List and US Onshoring Team

Steptoe advises companies on supply chain security, FCC Covered List compliance, conditional approvals, and US onshoring. Companies doing business in the United States face an expanding set of requirements governing where products are made, which suppliers and investors they can work with, and how goods and technology move across borders. National security restrictions, trade measures, and domestic manufacturing incentives require coordinated legal advice on regulatory compliance and US market access. Addressing these requirements together is essential to maintaining US market access, planning supply chains, and making investments.  

Steptoe's FCC Covered List and US Onshoring Team brings together attorneys across the firm's telecommunications, international trade, government contracts, national security, energy, and tax practices to help clients address these issues holistically. The cross-practice team helps companies assess regulatory exposure, pursue available approvals and exemptions to preserve US market access, and develop manufacturing and sourcing strategies that support their business objectives.

A Coordinated Approach to Supply Chain Compliance and US Onshoring Services

A change in supplier, ownership structure, or manufacturing location can have consequences across several regulatory regimes. Establishing US production, for example, may support a market access strategy while raising separate questions about technology transfers, foreign investor rights, domestic content, and tax credit eligibility.

Our working group helps clients evaluate these issues together and develop practical strategies suited to their particular businesses. Our capabilities include:

• FCC Covered List compliance and conditional approvals: The Federal Communications Commission’s (FCC) Covered List has expanded to include foreign-produced drones (unmanned aircraft systems or UAS), routers, power inverters, and advanced robotic devices. A “conditional approval” can provide an exemption from the Covered List’s restrictions, subject to approval of a US onshoring plan. Steptoe helps clients determine whether their products are on the Covered List, evaluate eligibility for conditional approval, prepare applications and U.S. onshoring plans, and engage with the FCC and reviewing agencies. We also advise on existing equipment authorizations, product modifications, component substitutions, and new requirements under a rapidly evolving regulatory regime. In developing an onshoring strategy, we address related foreign ownership, trade, and tax considerations.
• Export controls and sanctions compliance: Export controls can restrict the transfer of equipment, software, and technology and limit dealings with particular suppliers, customers, and investors. These issues can arise when companies relocate production, establish joint ventures, or give foreign personnel access to controlled technology. Steptoe helps clients assess applicable restrictions, obtain required licenses, evaluate counterparties, and develop compliance procedures. We coordinate this advice with onshoring plans and investment structures so that US manufacturing arrangements can operate within technology transfer and sanctions restrictions.
• CFIUS review and foreign investment: Foreign investment in US businesses can trigger review by the Committee on Foreign Investment in the United States (CFIUS). Steptoe helps clients evaluate proposed investments and joint ventures, assess filing obligations, prepare CFIUS submissions, and negotiate mitigation measures. We consider these issues alongside market access and business objectives.
• Section 45X and US manufacturing tax incentives: Establishing or expanding US production may create opportunities for the Section 45X advanced manufacturing production credit and other tax incentives. In addition, tax incentives for renewable energy facilities or battery energy storage systems may be disallowed if they do not satisfy restrictions on prohibited foreign entity ownership or suppliers. Steptoe helps clients evaluate available incentives and structure commercial arrangements to meet the relevant requirements. We coordinate this analysis with onshoring commitments, foreign investment considerations, and trade rules so that clients can assess both the regulatory and financial implications of a proposed US operation.
• Tariffs and domestic content compliance: Tariffs and country-of-origin rules can affect the cost of sourcing components and moving production to the United States. At the same time, regulatory approvals, manufacturing incentives, and procurement programs may apply different tests for what qualifies as domestic content. Steptoe helps clients assess tariff classification and component costs under different domestic content standards.
• Energy supply chain security and critical infrastructure: Manufacturers, utilities, and equipment purchasers face growing scrutiny of the equipment and suppliers supporting US energy infrastructure. Department of Energy requirements and other federal supply chain measures can intersect with FCC restrictions on power inverters, import requirements, and energy tax incentives. Steptoe helps clients assess these overlapping requirements.
• Government procurement and domestic sourcing: Selling to the federal government can involve domestic sourcing requirements and restrictions on particular equipment. Steptoe helps clients evaluate applicable Buy America and other procurement requirements, assess product eligibility, and prepare supporting documentation. We connect this advice with manufacturing and sourcing strategies so that companies can consider government opportunities when planning US production.

We Can Help You

We advise US and international manufacturers, component suppliers, importers, technology companies, utilities, project developers, and investors. Our work supports companies bringing products to market, establishing or expanding a US manufacturing presence, restructuring supply chains, and evaluating acquisitions or joint ventures.

Steptoe currently represents clients from the European Union, Asia (including China), and the United States in pursuing conditional approvals from the Department of War (DoW) and the FCC.

To discuss supply chain compliance, an FCC conditional approval application, a transaction, or a US manufacturing plan, contact a member of Steptoe's FCC Covered List and US Onshoring Team listed under Key Contacts or in the Professionals tab.