Regulations ultimately will implement a new program restricting certain investments related to China-
On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more
7/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Enforcement ,
Foreign Entities ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Investors ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Outbound Transactions ,
Proposed Rules ,
U.S. Treasury
The Proposed Rule Would Subject Certain Investment Advisers to a Broad Range of AML/CFT Obligations and Represents a Significant Development for the Sector -
Regulators have long considered the lack of anti-money...more
2/27/2024
/ AML/CFT ,
Bank Secrecy Act ,
Broker-Dealer ,
BSA/AML ,
Compliance ,
Currency Transaction Reports (CTR) ,
Customer Due Diligence (CDD) ,
Exempt Reporting Advisers (ERAs) ,
FinCEN ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Law Enforcement ,
Patriot Act ,
Policies and Procedures ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
Third-Party Service Provider
Prohibitions targeted to prevent China’s exploitation of dual-use technology -
On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more
8/15/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Compliance ,
Covered Transactions ,
Debt Financing ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Joe Biden ,
National Security ,
Penalties ,
Policies and Procedures ,
Screening Procedures ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Companies need to be aware of filing requirements before taking foreign money -
On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more
3/15/2023
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enforcement ,
Executive Orders ,
FDIC ,
Filing Requirements ,
Foreign Entities ,
Foreign Investment ,
Investment ,
National Security ,
Popular
New program may prohibit some U.S. investments in China -
On March 3, 2023, the U.S. Departments of the Treasury (“Treasury”) and Commerce (“Commerce”) delivered to Congress separate confidential reports that confirm the...more
3/8/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
FIRRMA ,
Investment Adviser ,
Outbound Transactions ,
Popular ,
Semiconductors ,
U.S. Commerce Department ,
U.S. Treasury
Detailed questionnaire also seeks extensive information on economic impacts of the tariffs -
On November 1, 2022, the Office of the United States Trade Representative (“USTR”) released a questionnaire (the “Questionnaire”)...more
11/7/2022
/ China ,
Foreign Equity Securities ,
Foreign Ownership ,
Investment ,
NAICS ,
Questionnaires ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
USTR ,
WTO
Publication indicates a more robust enforcement posture -
On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more
11/2/2022
/ Aggravating Factors ,
CFIUS ,
Enforcement ,
Failure-to-File ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Good Faith ,
Investment ,
Material Misstatements ,
Mitigating Factors ,
Negligence ,
Omissions ,
Penalties ,
Remediation ,
Self-Disclosure Requirements ,
Subpoenas ,
Transparency ,
U.S. Treasury
Ensuring a responsive CFIUS in an evolving national security landscape -
On September 15, 2022, President Biden signed an Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the...more
9/20/2022
/ Artificial Intelligence ,
Biotechnology ,
CFIUS ,
Clean Energy ,
Climate Change ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Investment ,
Infrastructure ,
National Security ,
Supply Chain
EVALUATES INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY AND PROPOSES RECOMMENDATIONS FOR INCREASED DOMESTIC PRODUCTION -
This is the third in a series of client alerts regarding intensive assessments of six key supply...more
Legislation Introduced In The Context Of Significant Federal Attention To Vulnerable Supply Chains, Including Critical Minerals And Materials -
On January 14, 2022, Senators Tom Cotton (R-AR) and Mark Kelly (D-AZ)...more
1/26/2022
/ Arms Export Control Act ,
China ,
Department of Defense (DOD) ,
Department of the Interior ,
Imports ,
NDAA ,
Proposed Legislation ,
Rare Earth Metals ,
Supply Chain ,
Trade Act of 1974 ,
USTR
This month a number of new and revised tariff provisions in the Harmonized Tariff Schedule of the United States (“HTSUS”) will take effect. The changes to the HTSUS are designed to ensure that the HTSUS includes significant...more
Guidance Demonstrates OFAC’s Expectations for Sanctions Compliance by Cryptocurrency Industry -
On October 15, 2021, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury published Sanctions...more
10/26/2021
/ Audits ,
Cryptocurrency ,
Cybersecurity ,
FinCEN ,
Internal Controls ,
Money Laundering ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Risk Assessment ,
Sanctions ,
Testing Requirements ,
Training ,
U.S. Treasury ,
Virtual Currency
Agencies Request Information From Public to Support U.S. Supply Chains -
The Department of Commerce’s Bureau of Industry and Security (“BIS”) and the Department of Transportation (“DoT”) are requesting information and...more
Requests Comments From Industry On A Number Of Key Aspects Of The Proposal -
On July 30, 2021, pursuant to Executive Order (“E.O.”) 14005, “Ensuring the Future Is Made in All of America by All of America’s Workers,” the...more
The United States Has Taken Major Steps Towards Combating Forced Labor In China, And More Action Is Coming -
U.S. enforcement actions and legislative developments in Congress signal a sweeping U.S. effort to take more...more
7/20/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Child Labor ,
China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Forced Labor ,
Investment ,
Proposed Legislation ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Trade Relations ,
U.S. Commerce Department ,
US Trade Policies
Creates New Enforcement Tools And Applies The Rule To Labels “Appearing In All Contexts” (i.e., On Product Packaging Or Online) -
On July 1, 2021, the Federal Trade Commission (“FTC”) approved a final rule to implement new...more
7/15/2021
/ CFTC ,
Code of Federal Regulations (CFR) ,
Customs and Border Protection ,
Final Rules ,
Fraud ,
FTC Act ,
Good Faith ,
Labeling ,
Made in the USA ,
New Regulations ,
Safe Harbors
FinCEN announces eight areas of focus and advises preparation for issuance of new regulations -
On June 30, 2021, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued the first...more
7/8/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Corporate Transparency Act ,
Corruption ,
Cyber Crimes ,
Cybersecurity ,
Drug Trafficking ,
Financial Institutions ,
FinCEN ,
Fraud ,
Human Trafficking ,
New Regulations ,
Popular ,
Reporting Requirements ,
Significant Transnational Criminal Organization ,
Terrorism Funding ,
Virtual Currency ,
Whistleblowers
Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging -
On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more
6/14/2021
/ Biden Administration ,
Buy American Act ,
CFIUS ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Executive Orders ,
Export Controls ,
Export-Import Bank of the US ,
Federal Acquisition Regulations (FAR) ,
National Security ,
NDAA ,
NIST ,
Popular ,
Research and Development ,
Semiconductors ,
Supply Chain ,
Supply Shortages ,
Trade Expansion Act of 1962 ,
U.S. Commerce Department
On March 19, 2021, the Financial Action Task Force (“FATF”), an intergovernmental body tasked with setting international standards aimed at preventing money laundering and terrorist financing (“FATF Standards”), released its...more
4/12/2021
/ Anti-Money Laundering ,
Cross-Border Transactions ,
Cryptocurrency ,
Digital Assets ,
FATF ,
Guidance Update ,
Information Sharing ,
Licensing Rules ,
Peer-to-Peer ,
Registration Requirement ,
Risk Mitigation ,
Terrorist Financing ,
Transfer of Assets ,
Travel Rule
As we wrote over the summer, Congress has passed a bill that will require certain corporations and limited liability companies (“LLCs”) to report information on their beneficial owners to the U.S. Treasury Department’s...more
12/23/2020
/ Anti-Money Laundering ,
Civil Monetary Penalty ,
Currency Transaction Reports (CTR) ,
Customer Due Diligence (CDD) ,
Department of Justice (DOJ) ,
FinCEN ,
Internal Revenue Code (IRC) ,
Limited Liability Company (LLC) ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities Exchange Act ,
Shell Corporations ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury ,
Whistleblowers