The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more
8/29/2024
/ Amended Rules ,
Artificial Intelligence ,
Australia ,
CFIUS ,
Comment Period ,
Cybersecurity ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Innovative Technology ,
Interim Final Rules (IFR) ,
ITAR ,
Military Goods ,
National Security ,
Proposed Rules ,
U.S. Commerce Department ,
UK ,
US State Departments
The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more
7/1/2024
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Executive Orders ,
Export Controls ,
Exports ,
Final Determinations ,
Foreign Adversaries ,
Foreign Corporations ,
Information Technology ,
International Emergency Economic Powers Act (IEEPA) ,
Kaspersky ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Software ,
Software Developers ,
Subsidiaries ,
U.S. Commerce Department
The U.S. Department of the Treasury's Office of Investment Security on June 21, 2024, issued a Notice of Proposed Rulemaking (Proposed Rule) implementing Executive Order (E.O.) 14105 that was announced on Aug. 9, 2023,...more
6/27/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
China ,
Comment Period ,
Executive Orders ,
Hong Kong ,
Macau ,
National Security ,
NPRM ,
Outbound Transactions ,
Technology Sector ,
U.S. Treasury
Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more
5/13/2024
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Proposed Amendments ,
Proposed Rules ,
Request For Information ,
U.S. Treasury
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal...more
3/15/2024
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Extraterritoriality Rules ,
FinCEN ,
Joint Policy Statements ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements
The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more
8/14/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Outbound Transactions ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) took a number of actions under the Export Administration Regulations (EAR) on May 19, 2023. Here are some of the key U.S. export control actions...more
5/25/2023
/ Belarus ,
Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
FinCEN ,
Globally Harmonized System ,
Iran ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Tariffs ,
Ukraine
The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more
5/18/2023
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Property ,
National Guard ,
National Security ,
Proposed Rules ,
Real Estate Investments ,
US Air Force
Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
The Biden Administration continues to place pressure on Russia, and on Feb. 24, 2023, marked the one-year anniversary of Russia's invasion of Ukraine with additional sanctions, export controls and tariffs. These new policies...more
3/6/2023
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Tariffs ,
Ukraine
In the past year, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS) and the U.S. Department of State's Directorate of...more
3/1/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Corporate Counsel ,
Directorate of Defense Trade Controls (DDTC) ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Statistics ,
Export Controls ,
Exports ,
International Trade ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...more
Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is increasing each civil monetary penalty within its jurisdiction for 2023 by 7.7 percent. The increases came into effect on Jan. 13, 2023.1 Note...more
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
1/6/2023
/ Australia ,
Batteries ,
Biden Administration ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Defense Sector ,
Electric Vehicles ,
Electricity ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Rights ,
Minerals ,
Mining ,
National Security ,
Popular ,
Rare Earth Metals ,
Semiconductors ,
Supply Chain ,
Wind Power
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more
12/27/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Department of Defense (DOD) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Iran ,
National Security ,
NDAA ,
North Korea ,
Popular ,
Prime Contractor ,
Russia ,
Safe Harbors ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
Waivers
In a recently released investigation, the U.S. Air Force Inspector General's Office found that a retired general officer did not receive approval through the Foreign Government Employment (FGE) program before accepting...more
Consistent with the Biden Administration's continued focus on the domestic microelectronics and semiconductor industry, the U.S. Department of Commerce's Bureau of Industry and Security (BIS), Office of Technology Evaluation...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
The Committee on Foreign Investment in the United States (CFIUS) released the first-ever CFIUS Enforcement and Penalty Guidelines (Guidelines) on Oct. 20, 2022, providing the public a roadmap describing three categories of...more
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule on Oct. 7, 2022, placing unilateral export controls on certain advanced computing items and semiconductor manufacturing...more
10/24/2022
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
End-Users ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
National Security ,
Semiconductors ,
U.S. Commerce Department
President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more
9/20/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
OSTP ,
Personally Identifiable Information ,
Popular ,
Supply Chain
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...more
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media