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Cross-Border Transactions Export Administration Regulations (EAR)

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Oberheiden P.C.

National Security in the Age of Blockchain

Oberheiden P.C. on

Blockchain presents unprecedented challenges around national security. This is true not only for the federal government, but also for businesses in the private sector. From cross-border transactions involving cryptocurrency...more

Dorsey & Whitney LLP

U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

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On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more

Orrick, Herrington & Sutcliffe LLP

CFIUS and Encryption Software – Resolving Whether a CFIUS Filing Is Mandatory

Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more

American Conference Institute (ACI)

[Virtual Conference] U.S.-China Trade Controls - September 20th, 10:00 am - 5:15 pm EDT

Industry's Annual Forum on MEU and MIEU Rules, New Legislation, Data Transfers and Emerging Technology Rules - ACI’s 3rd Virtual U.S.-China Trade Controls Conference will take place September 20, 2021, in a virtual format....more

American Conference Institute (ACI)

[Virtual Event] U.S. Export & Reexport Compliance For Canadian Operations - January 26th - 27th, 9:00 am - 5:00 pm EST

For a whole decade, ACI’s U.S. Export & Reexport Compliance for Canadian Operations conference continues to stand apart as the only practical, comprehensive event of its kind for the export compliance community in Canada. ...more

BCLP

CFIUS Adopts Final Mandatory Declaration Rule, Refocusing on Export Control Requirements

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On October 15, 2020, the United States Department of the Treasury will implement a final rule modifying certain provisions of the regulations of the Committee on Foreign Investment in the United States (CFIUS), implemented...more

Cozen O'Connor

CFIUS Finalizes New Mandatory Filing Rule for Critical Technologies

Cozen O'Connor on

On September 15, 2020, the U.S. Department of the Treasury published a final rule, effective October 15, 2020, that alters and expands the scope of foreign investments involving critical technologies that are subject to...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Mandatory Filings for Certain "Critical Technology" Transactions – New Export Controls Test

As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more

Morgan Lewis

CFIUS Says Farewell to NAICS, Hello to Export Licensing in Mandatory Declarations

Morgan Lewis on

The Committee on Foreign Investment in the United States’ proposed changes to the mandatory declaration program would expand the potential industries affected by the mandatory declaration requirements, but also narrow the...more

Foley Hoag LLP

Cross-Border Compliance Update: January 2020

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New CFIUS Regulations Released: Final Rules Impact Foreign Investment in Technology, Infrastructure, and Data (TID) Businesses and Real Estate - On January 13, 2020, the Department of the Treasury issued final regulations...more

Jones Day

Facing FIRRMA: Treasury Releases Final CFIUS Regulations

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") released final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which, among other things, effectuate...more

Polsinelli

CFIUS: Final FIRRMA Regulations Provide New Challenges, Opportunities for Foreign Investors

Polsinelli on

The Department of Treasury has released the final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which contain significant changes to the process by which the Committee on...more

Orrick, Herrington & Sutcliffe LLP

New Syria, North Korea and Other Sanctions Provisions Enacted as Parts of the National Defense Authorization Act for Fiscal Year...

On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more

Foley Hoag LLP

Cross-Border Compliance Update: October 2019

Foley Hoag LLP on

Additional Restrictions on Exports to Cuba - On October 15, 2019, the Department of Commerce (DOC) amended the Export Administration Regulation (EAR) to further restrict the export and reexport of items to Cuba. The...more

Jones Day

Facing FIRRMA: CFIUS Review of the Biotechnology and Life Sciences Sector

Jones Day on

The Situation: The Committee on Foreign Investment in the United States ("CFIUS," or the "Committee") recently published draft regulations implementing the Foreign Investment Risk Review Modernization Act ("FIRRMA"), which...more

Sheppard Mullin Richter & Hampton LLP

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls...

Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more

Dorsey & Whitney LLP

CFIUS Announces Pilot Program: Mandatory Declaration Filings in Connection with Certain Transactions

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A little more than two months after the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) was signed into law, the United States Department of the Treasury (has invoked its new authority under the FIRRMA to...more

Akin Gump Strauss Hauer & Feld LLP

The Export Control Reform Act and Possible New Controls on Emerging and Foundational Technologies

• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more

Morgan Lewis

President Trump Announces Rollback on Obama-era Cuba Sanctions Easing

Morgan Lewis on

Changes to unwind will not take effect until new regulations are issued. On June 16, US President Donald Trump announced his decision to revoke some—but not all—of the relaxations in Cuba sanctions initiated under former...more

Holland & Knight LLP

U.S. Treasury Releases FAQs Addressing Trump's Announcements on Changes to U.S.-Cuba Sanctions Regulations

Holland & Knight LLP on

On the afternoon of June 16, 2017, shortly before President Donald Trump announced new changes to the U.S.-Cuba policy, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued 12 frequently asked...more

Cozen O'Connor

U.S. Departments of the Treasury and Commerce Announce Additional Revisions to Cuba Sanctions Regulations

Cozen O'Connor on

Last week, the Department of the Treasury and the Department of Commerce announced additional revisions to the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR), building off the changes put...more

Morrison & Foerster LLP

Shifting Course: Expanding the Scope of Permissible Cuba Transactions

The Treasury Department’s Office of Foreign Assets Control (“OFAC”) has issued its first set of amendments to the Cuban Assets Control Regulations (“CACR”) to begin implementing a major policy shift in United States–Cuba...more

Latham & Watkins LLP

5 Compliance “Hot Spots” for Technology Companies Under Export Controls and Sanctions Laws

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Increasingly interconnected global businesses need to focus on how export controls and trade sanctions can affect their cross-border activities in unexpected ways. For decades, the US Government has used trade...more

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