News & Analysis as of

National Security

Report links US nuclear industry to national security

by PretiFlaherty on

The U.S. nuclear energy enterprise is a key national security enabler, according to a report released this week by a new non-profit. The Energy Futures Initiative's report describes the domestic nuclear energy industry as...more

Foreign Investment in the U.S.: How The Trump Presidency Could Change Things

by Pepper Hamilton LLP on

Twelve years have passed since publication of the article Uncle Sam Watches Nervously: Foreign Investment in U.S. Industries in 2004. That article discussed the review process under the Exon-Florio Amendment delegated to the...more

China’s Cyberspace Administration announces first state level investigations under Cybersecurity Law

by Dechert LLP on

China’s Cyberspace Administration announced that it has commenced investigations into Tencent Wechat, Sina Weibo and Baidu Tieba for violation of China’s Cybersecurity Law late last week (11 August 2017). More particularly,...more

National Academies of Sciences, Engineering and Medicine Release Report Recommending Ways to Improve the Resilience of Nation’s...

On July 20, 2017, the National Academies of Sciences, Engineering, and Medicine (NASEM) released a report directing the U.S. Department of Energy (DOE) and the U.S. Department of Homeland Security (DHS) to develop solutions...more

New Sanctions Law Complicates Trade Compliance

by Michael Volkov on

Politics and sanctions law go hand-in-hand. In a rare instance of bi-partisanship, Congress united to constrain the administration’s ability to modify the existing sanctions program against Russia. At the same time, Congress...more

A Review of the OMB Guidelines Issued to Federal Agencies for Reporting Requirements to Congress That Redefined What Constitutes a...

by Nossaman LLP on

With the growing threat of cyberattacks, we thought it would be worthwhile to discuss a late 2016 change in reporting requirements for federal agencies that have suffered a data breach. The Office of Management and Budget’s...more

Amendments to the Foreign Investments Law: a means to tighten control?

by White & Case LLP on

On 18 July 2017, the Russian President signed Federal Law No. 165-FZ, which contains a package of amendments to Federal Law No. 160-FZ dated 9 July 1999 "On Foreign Investments in the Russian Federation" (the "Foreign...more

Russia Tightens Control Over Transactions Involving Foreign Investors

Amendments in July 2017 to Russian foreign investment laws have resulted in a significant tightening of control over transactions involving (including investments in) Russian companies by foreign investors...more

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more

German Government Tightens Rules for German Investment Control Covering M&A Transactions by Foreign Acquirers

by White & Case LLP on

On July 18, 2017, the Ninth Regulation Amending the Foreign Trade and Payments Regulation (Neunte Verordnung zur Änderung der Außenwirtschaftsverordnung ("AWV")) entered into force. The federal government is thus responding...more

Preparing for the space innovations of today and tomorrow

by Hogan Lovells on

Innovative technologies are reshaping almost every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Many of these...more

Draft Regulation Expands Critical Information Infrastructure Definition and Requirements

by Faegre Baker Daniels on

Another draft rule, “Regulation on the Security Protection of Critical Information Infrastructure” (Draft Regulation), was released for public comments on July 10, 2017, by the Cyberspace Administration of China (CAC). The...more

The Chinese Government Issued Draft Cybersecurity Regulations to Protect Critical Information Infrastructure

by Davis Wright Tremaine LLP on

On June 10, 2017, the Cyberspace Administration of China (the “CAC”) released the Draft Regulations on the Security Protection of Critical Information Infrastructure. The CAC is seeking public comments with a deadline of...more

Germany: Recent Amendments on Review of Foreign Investments - Steps to Take When Making an Investment in Germany

by Dechert LLP on

The German government agreed last week to amend the German Foreign Trade and Payments Ordinance (AWV) to address potential concerns raised by foreign investments in certain sectors of the German economy. The amended AWV...more

DHS Continues Focus on Border Security With Enhanced Aviation Security Measures

On June 28, 2017, Secretary of Homeland Security John Kelly announced the implementation of enhanced security measures for all commercial flights arriving in the United States. These enhanced procedures are set to affect 280...more

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries

Germany ends its longtime liberal approach to foreign investments by increasing its intervention possibilities at national level and by lobbying a stricter regime at the EU level. Since the takeover of German robotics...more

U.S. Exports of Whiskey, Juice, and Dairy Products to Europe Targeted for Retaliation against President Trump’s Plans to Limit...

by Hogan Lovells on

U.S. trading partners have begun to signal their plans to consider retaliatory measures in response to President Trump’s Section 232 Investigations on steel imports. In particular, European Union (EU) officials recently...more

Civil Libertarians Seek Intelligence Sharing Agreement From NSA

by King & Spalding on

On Wednesday, July 5, British nonprofit Privacy International filed suit in U.S. District Court for the District of Columbia against the National Security Agency (“NSA”), the Office of the Director of National Intelligence...more

Amendments to the Russian Strategic Investments Law: Special Regulation for Transactions Involving Offshore Companies

by White & Case LLP on

On 1 July 2017, the Federal Law No. 155-FZ amending, inter alia, the Federal Law No. 57-FZ "On the Procedure for Making Foreign Investments in Business Entities of Strategic Importance to National Defense and State Security"...more

Responding To National Security Letters That Ask For Personal Information

by Bryan Cave on

National Security Letters (“NSLs”) refer to a collection of statutes that authorize certain government agencies to obtain information and simultaneously impose a secrecy obligation upon the recipient of the letter. Four...more

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more

U.S. Supreme Court Reinstates Key Provisions of the Travel Ban

by Baker Donelson on

On June 26, the U.S. Supreme Court decided to partially lift two injunctions that had been preventing implementation of President Trump’s travel ban executive order. Specifically, the Supreme Court ruled that the executive...more

SCOTUS Decides to Partially Lift Injunctions Issued on the Revised Travel Ban

by Hodgson Russ LLP on

On June 26, 2017, the Supreme Court of the United States issued a decision in Trump v. International Refugee Assistance Project, et al., which partially lifted the injunctions that were issued as a result of a travel ban...more

Section 232 and Oil Country Tubular Goods

by Gray Reed & McGraw on

By now, you’ve heard the Trump Administration is conducting a “Section 232 Investigation” into the effect of imported steel and aluminum products on national security. Here’s a primer on the topic....more

Supreme Court Permits Limited Version of Travel Ban to Take Effect

On June 26, the U.S. Supreme Court issued a decision allowing the Trump administration’s temporary travel ban to go into effect for some travelers, reversing the actions of lower federal courts that had put the policy...more

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Cybersecurity

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