National Security

News & Analysis as of

Congress Urged to Block Certain Chinese Investments in the U.S.

On November 16, 2016, the U.S.-China Economic and Security Review Commission (USCC) issued its 2016 Annual Report to Congress, which included 20 recommendations on Congressional action to be used for assessing progress and...more

White Collar Crime Law Enforcement in a Trump Justice Department - 8 Predictions

After a conventional presidential campaign, determining the policy priorities and direction of the incoming administration with respect to the Justice Department’s white collar law enforcement responsibilities can be a...more

Recent Developments on Review of Foreign Investment into Germany: Is the German Government Tightening the Rules?

A brief orientation on the German foreign investment approval procedure - Highlights - - For the first time ever the German Federal Ministry for Economic Affairs and Energy has withdrawn an already granted...more

National security reviews: A global perspective — Germany

The trend is towards higher scrutiny of inbound transactions by the Federal Ministry for Economic Affairs and Energy. Generally, German law provides for a liberal investment climate and only very limited restrictions on...more

National security reviews: A global perspective — Australia

Australia requires a wide variety of transactions involving foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the...more

National security reviews: A global perspective — Russian Federation

Russia targets 45 "strategic activities" that trigger a national review. The Government Commission on Control Over Foreign Investments in the Russian Federation (the Government Commission), which was established by the...more

National security reviews: A global perspective — France

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries. The Bureau Multicom 2, which is located within the Ministry...more

National security reviews: A global perspective — China

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

FinCEN’s Beneficial Ownership Rule and Increased AML Burden

Compliance officers at financial institutions have made great strides in improving Know Your Customer (KYC) programs to focus on knowing their customers as a critical function in combating money laundering. As regulators...more

National security reviews: A global perspective — United States

Deals are generally approved, but a wide range of mitigation conditions may be imposed that can have a significant impact. The Committee on Foreign Investment in the United States (CFIUS), which is led by the US...more

Reducing M&A risks related to national security reviews

As national security reviews grow in impact, investors need to be mindful of potential adverse consequences resulting from such reviews International M&A deal advisors are acutely aware of the growing impact of national...more

Back to the drawing board: Canadian Government divestiture order in national security case set aside and new review to take place

In a consent order dated November 9, 2016, the Federal Court ordered the setting aside of a Cabinet order requiring a Chinese investor to divest control of a Canadian business for national security reasons....more

Smarter Devices = More Vulnerability to Government and Criminals

The Internet of Things is upon us with smartphones, smart cars, and self-sensing trash cans. The next decade will see a geometric expansion of the types of objects we fit with sensors and connect to the Web. As these...more

Election Results: What does it mean for immigrants and their employers?

The election of Donald Trump to the presidency will undoubtedly change immigration processes, and could change immigration laws. While it is too early to know anything for certain, we are carefully monitoring developments...more

What Employers Can Expect from the Trump Administration: Immigration

Our alert on Monday (11/14/16) provided a brief summary of immigration-specific changes that are likely under Donald Trump’s new administration. This alert provides greater detail on the immigration policies that Candidate...more

"Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration"

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential...more

Towards a UK Investment Act?

Against the background of UK policy moving towards a more nationally-led trade and investment policy following this summer’s referendum, the new UK government is still in the process of establishing its policies regarding...more

Edward Snowden, Chelsey Manning and the Human Dimension of Information Security. Kate Bischoff Explains

Kate Bischoff worked for the State Department in the Middle East during the Edward Snowden and Chelsey Manning scandals. Kate also conducted training for the State Department for employees on information security. Kate...more

Electronic Visa Update System Affects Some People’s Republic of China Passport Holders

U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders carrying a 10-year visa are now required to enroll in the Electronic Visa Update System...more

What Happens When My Company Receives a National Security Letter? A Primer

Even today, most companies—even technology companies—do not think they have information that the U.S. Government wants or needs, particularly as it might relate to a national security investigation. The reality is that as...more

DOJ Charges Defense Contractor with Removal and Retention of Classified Materials

The Department of Justice (DOJ) yesterday announced that it has charged a Maryland man, Harold Thomas Martin III with theft of government property and unauthorized removal and retention of classified materials by a government...more

Is Chinese Investment in the U.S. Film and Entertainment Industry the Next Area of CFIUS Scrutiny?

U.S. lawmakers recently submitted a letter to the Government Accountability Office (GAO) raising concerns about increased Chinese investments in the U.S. film and entertainment industry and questioning whether the Committee...more

Madeleine Albright Writes About Her Experience as a Refugee

Former U.S. Secretary of State, Madeleine Albright, sent the below message to the White House ahead of President Obama’s remarks at a U.N. Refuge Summit: I came to the United States as a refugee when I was 11 years old....more

New Foreign Investment Control of UK Critical Infrastructure Projects

Changes will align the UK’s policy framework for ownership and control of critical infrastructure with other major economies. On 15 September 2016, the UK Government announced its delayed approval of the proposed...more

Congress Releases Unclassified Summary on Snowden/NSA Leak

On September 15, 2016, the House of Representatives’ Intelligence Committee released its summary findings of a two-year investigation concerning the unauthorized disclosures made by former National Security Agency (NSA)...more

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