News & Analysis as of

National Security

Preparing for a Consulate Interview and Border Crossing: New Standards in Place Under Trump Administration

by McNair Law Firm, P.A. on

The Trump administration has not been reserved in its mission to not only reinforce but to heighten and enhance current immigration regulations. The President has quickly tried to implement measures to increase national...more

New Details Emerge on Legislative Proposal to Modernize CFIUS Process

As the Trump Administration continues to examine its trade relationship with China, legislators in Congress are looking to modernize the Committee on Foreign Investment in the United States (CFIUS) review process in order to...more

Dinner Table Conversation: How an Offhand Comment may Signal a Shift in the Global Trade of Semiconductors

On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of...more

UK: Government announces International Sanctions Bill

by Hogan Lovells on

The UK government has set out plans in this week’s Queen’s Speech for a new International Sanctions Bill (the “Bill“) that aims to ensure that the UK will continue to meet its international sanctions policy obligations and...more

Trump Administration Highlights Limitations of CFIUS Process

In separate public statements last week, two Trump administration cabinet secretaries expressed concerns with the national security review process of the Committee on Foreign Investment in the United States (CFIUS). They also...more

Update On Steel And Aluminum Section 232 National Security Investigations

by King & Spalding on

As reported previously, in late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on national security pursuant to section 232(b)(1)(A) of the Trade...more

A New Chinese National Intelligence Law Is On Its Way

by Jones Day on

The Standing Committee of the National People's Congress ("SCNPC"), the legislative body of the People's Republic of China ("PRC" or "China"), released a first draft of the National Intelligence Law ("Draft") on May 16, 2017....more

Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

Mnuchin Repeats Call for CFIUS Reform While Stressing National Security Element

by Hogan Lovells on

On June 7, U.S. Treasury Secretary Steven Mnuchin said publicly that Congress should pass legislation to amend the authorizing statute for the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government...more

Immigration Fact and Fiction for the U.S. Employer: Extreme Vetting or Just Extreme Record Keeping – What Will the Actual...

On June 1st, the Washington Post reported that “Consular officers at U.S. embassies around the world have started more intensive vetting of some visa applicants, including asking for their social media handles, in an effort...more

The Fate of Chinese Investment and CFIUS in the Time of Trump

by Garvey Schubert Barer on

Over the last few years the pace of Chinese direct investment in the U.S. has increased at a remarkable rate. In 2016 the $45 billion of Chinese acquisition and expansion in the U.S. was three times the amount in the...more

Compliance into the Weeds-Episode 41, Reality Winner and Internal Controls

by Thomas Fox on

In this episode, Matt Kelly and I take a deep dive into the weeds around the story of Reality Winner, the leaking of the NSA report of Russian hacking of the US Presidential campaign and election. We tie it to internal...more

Trump’s Proposed ‘Track and Destroy’ Drone Legislation

President Trump’s administration is asking Congress to grant the federal government power to track, hack and destroy any type of drone that is flying over domestic soil. The draft legislation includes new exception to laws...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Executive Order on Cybersecurity: Considerations for Business - A fuller picture emerges on how the Trump Administration’s first...

On May 11th, in the wake of a series of wide-ranging cyber breaches and attacks plaguing public and private sectors alike, President Trump signed a long-awaited Executive Order on Strengthening the Cybersecurity of Federal...more

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

Presidential Executive Order on Cybersecurity: No More Antiquated IT

On May 11, President Donald Trump issued his long-awaited Executive Order on cybersecurity, the ‘‘Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.’’ It had been...more

U.S. Treasury Secretary Mnuchin Urges Amending CFIUS Reviews

by Hogan Lovells on

On Thursday, May 18, U.S. Treasury Secretary Steven Mnuchin waded further publicly into efforts on Capitol Hill to amend the authorizing statute underlying the Committee on Foreign Investment in the U.S. (CFIUS), a U.S....more

Roundtable on Geopolitical Risks and Effective Response Strategies

On May 4, 2017, 15 business leaders gathered at Skadden’s Palo Alto office to discuss the current political and policy environments in the U.S. and abroad, as well as their implications for the technology sector. Participants...more

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

by Davis Wright Tremaine LLP on

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs...more

NISPOM Change 2 Deadlines Coming for Cleared Contractors

by Hogan Lovells on

As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

China State Secrets: What Multinational Companies Need to Know

by Kobre & Kim on

Multinational companies in China used to have the luxury of focusing their regulatory efforts primarily on compliance with the laws of their home countries, relegating China’s state secrets laws to something only of concern...more

Energy Alert: LNG exports - A rare case of policy continuity from Obama to Trump

by Hogan Lovells on

Whether health care, climate change, taxes, or general international trade, it is hard to identify an area of policy in the United States that is not experiencing dramatic changes in the transition from President Obama to...more

The National Security Investigation Of Steel Products

by Reed Smith on

The Commerce Department invoked a rarely used statute to begin an investigation into whether the current levels of steel imports are endangering our country’s national security. We expect that the investigation will be...more

Section 337 and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001), there are a number of ways in which...more

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Cybersecurity

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