As of March 29, 2021, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) has implemented significant modifications to the Export Administration Regulations (EAR) that relax requirements on the...more
On January 5, 2021, President Trump signed another executive order (EO) to address the threat to U.S. national security posed by access to personal data by the People's Republic of China and the Chinese Communist Party. This...more
As of December 18, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has added 77 new entities to the Entity List. Among the most notable additions are Semiconductor Manufacturing International...more
The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently issued its mandatory five-year benchmark survey to obtain data on financial services transactions between U.S. financial services providers and...more
On October 5, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released a final rule adding six recently developed or developing technologies to BIS's Export Administration Regulations' (EAR)...more
This past weekend saw a halt to the anticipated September 20 implementation of broad prohibitions published on September 18 by the U.S. Department of Commerce (Commerce) regarding TikTok and WeChat mobile applications. No...more
9/22/2020
/ Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
Mobile Apps ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Personal Data ,
Popular ,
Sanctions ,
Social Media ,
Software Developers ,
Surveillance ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
On September 18, 2020, the U.S. Department of Commerce issued two orders identifying the specific transactions related to the WeChat and TikTok mobile applications ("Orders") that are prohibited pursuant to Executive Orders...more
9/21/2020
/ Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
Mobile Apps ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Personal Data ,
Popular ,
Sanctions ,
Social Media ,
Software Developers ,
Surveillance ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
On August 17, 2020, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a final rule that makes three significant changes to the export licensing requirements on technology, commodities, and...more
On June 9, 2020, the U.S. Department of the Treasury (Treasury) announced via its Twitter account that it had launched a website dedicated to the monitoring and enforcement functions of the Committee on Foreign Investment in...more
Effective May 15, 2020, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule that further tightens export controls on Huawei Technologies Co. Ltd. of China and its 100-plus...more
On May 21, 2020, the Committee on Foreign Investment in the United States (CFIUS) published proposed rules (the Proposals) that fine-tune the recently implemented changes to the CFIUS rules. In particular, the Proposals...more
The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently issued its mandatory five-year benchmark survey to obtain data on direct investment abroad by U.S persons and businesses. The survey, known as the...more
After almost a year of speculation and discussion, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) is further tightening controls on exports, reexports, and transfers in-country (collectively,...more
In the world of the Committee on Foreign Investment in the United States (CFIUS), the first few months of 2020 proceeded largely as expected: CFIUS unveiled new regulations containing no major surprises (see our...more
On January 6, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released an interim final rule controlling the export of certain artificial intelligence software relating to geospatial imagery...more
1/14/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Foreign Nationals ,
Interim Final Rules (IFR) ,
NATO ,
Popular ,
Public Comment ,
Source Code
Venture Fundraising and Investment in Healthcare -
U.S. healthcare venture fundraising reached a record $9.6 billion in 2018, continuing a four-year upward trend. This was driven by excellent returns in the sector,...more
3/15/2019
/ Acquisitions ,
Alternative Investment Markets (AIM) ,
Biosimilars ,
CFIUS ,
Digital Health ,
Emerging Technology Companies ,
Investment ,
Investment Opportunities ,
Life Sciences ,
Medical Devices ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Telehealth ,
Venture Capital
CFIUS Past, Present, and Future:
A 2018 CFIUS Carol -
The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more
12/21/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Emerging Technology Companies ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Governments ,
Foreign Investment ,
National Security ,
Trump Administration
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released its advance notice of proposed rulemaking (ANPRM) to control the export of emerging technologies. Comments on the ANPRM are...more
11/20/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Manufacturers ,
Public Comment ,
Robotics ,
Software ,
Technology ,
U.S. Commerce Department
As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more
10/19/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
Trump Administration ,
U.S. Commerce Department
So you've heard a lot about CFIUS reform and the changes that may result from FIRRMA, perhaps from our prior pieces. While the President just signed FIRRMA into law on August 13, you probably know that many key FIRRMA...more
On Tuesday, Congress released its final draft of the Foreign Investment Risk Review Modernization Act (FIRRMA)—a compromise bill which reconciles the differences between the versions previously passed by the House and Senate....more
The U.S. Department of Commerce lifted the denial order on Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE"). The order was...more
Today, the U.S. Department of Commerce published the signed Superseding Order implementing the new settlement reached with Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun...more
Today, the U.S. Department of Commerce announced that a new settlement has been reached with Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun)...more
The deadline for submission of the U.S. Department of Commerce's Bureau of Economic Analysis (BEA) five-year benchmark survey regarding foreign direct investment in the United States is rapidly approaching.1 The survey, known...more