News & Analysis as of

Cross-Border Transactions U.S. Commerce Department

Wiley Rein LLP

Executive Order on Foreign Access to Sensitive Personal Data Will Increase U.S. Regulation of Cross-Border Data Transfers

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On February 28, 2024, the White House released a highly anticipated and far-reaching Executive Order (EO) that directs several new regulatory steps to limit the transfer of sensitive personal data outside of the United States...more

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

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

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A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

Jenner & Block

Client Alert: UK and US Agree to “Data Bridge”

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On the heels of the EU-US Data Privacy Framework (DPF), another bridge has been built across the Atlantic to streamline data transfers between businesses. In July, the European Commission adopted its much-anticipated...more

Wilson Sonsini Goodrich & Rosati

Biden Unveils Executive Order: Outbound Screening Program Restricting China Investments

In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

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On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Akin Gump Strauss Hauer & Feld LLP

New Antidumping and Countervailing Duty Petitions on Mattresses

On July 28, 2023, a coalition of domestic producers and wholesalers of mattresses filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of...more

Bradley Arant Boult Cummings LLP

The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information...

Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now....more

Hogan Lovells

美国商务部和财政部分别就拟议的对外投资审查制度发布报告

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美国财政部和商务部近期分别发布经国会授权的报告,其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称,白宫将在较短时间内——或许就在几周内——签发一项行政命令,以建立该项新制度。拜登政府近期向国会提交的报告表明,该制度将由美国财政部实施并管理,重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而,报告并未明确该制度的确切范围和性质,包括哪些投资者及哪些外国技术领域将受到影响....more

Hogan Lovells

U.S. Commerce, Treasury Departments issue reports on pending outbound investment screening regime

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Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden...more

Holland & Knight LLP

5 Key Takeaways from the 2022 Inaugural CFIUS Conference

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The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more

Sheppard Mullin Richter & Hampton LLP

Formation of CBPR Forum Signals Continued Movement

As we have written in the past, APEC’s Cross-Border Privacy Rules (CBPR) program is intended to help companies more easily transfer personal data across borders. Participating companies complete self-assessments and...more

Akin Gump Strauss Hauer & Feld LLP

USTR and DOC Seeking Public Comments on Digital Trade Issues under the Indo-Pacific Economic Framework

Key Points - On March 11, 2022, USTR and DOC requested public comments on the trade pillar of the Indo-Pacific Economic Framework, with both requests including a focus on digital trade issues. Comments are due to both...more

Pillsbury - Global Trade & Sanctions Law

Commerce Department’s New ICTS Rule Raises Additional Considerations for Cross-Border Transactions

On January 19, 2021, the Commerce Department issued an interim final rule to implement the Executive Order on Securing the Information and Communications Technology and Services Supply Chain (E.O. 13873), which was issued on...more

Foley Hoag LLP

BE-10 Benchmark Survey of U.S. Direct Investment Abroad – Filing Requirement

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The U.S. Bureau of Economic Analysis (BEA) has announced it is once again time for the BEA’s BE-10 Benchmark Survey of U.S. Direct Investment Abroad. The BEA is an agency of the United States Department of Commerce and...more

Polsinelli

2020 Department of Commerce Civil Monetary Penalty Adjustments for Export Violations

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On January 3, 2020, the U.S. Department of Commerce published their annual notice for adjustments in the civil monetary penalties for export violations....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

Holland & Knight LLP

Proposed ICTS Supply Chain Review Regime Raises Procedural Concerns

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The U.S. Department of Commerce (Commerce) has proposed a rule implementing the terms of President Donald Trump's Executive Order 13873 (the EO) on securing the United States' information and communications technology and...more

Holland & Knight LLP

Upcoming BE-140 Benchmark Survey Mandates Response

Holland & Knight LLP on

The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently made several changes to the survey form for the mandatory BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Gives Industry 30 Days to Provide Comments Regarding Possible Export Controls over Emerging Technologies

• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...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

Wilson Sonsini Goodrich & Rosati

Five Questions to Determine If You Have a CFIUS Filing Requirement

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

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

Mintz

President Signs Legislation Reforming CFIUS & Export Controls

Mintz on

Congress has continued its 57-year tradition of passing an annual defense authorization bill with the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 finalized by Congress on August 1 and signed...more

Dorsey & Whitney LLP

Greater Scrutiny on Foreign Inbound Investments: Update on the Foreign Investment Risk Review Modernization Act of 2018

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After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more

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