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
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
A bipartisan group of U.S. senators introduced legislation on June 23, 2022, to provide the federal government authority to limit or prevent the sale of Americans’ personal data to “high-risk” countries and malign foreign...more
10/6/2022
/ Cybersecurity ,
Data Protection ,
Data Security ,
DFSA ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Licensing Rules ,
National Security ,
NIST ,
Personal Data ,
Proposed Legislation
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
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
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
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
Climate Change Litigation on the Horizon with Trump Environmental Overhaul -
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more
9/18/2020
/ CEQ ,
CFIUS ,
Climate Change ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
Gulf Cooperation Council (GCC) ,
Indonesia ,
Infrastructure ,
Joint Venture ,
Middle East ,
NEPA ,
Oil & Gas ,
OPEC ,
Petrochemicals ,
PFAS ,
Pipelines ,
Russia ,
Saudi Arabia ,
Solar Farm ,
Toxic Substances Control Act (TSCA) ,
United Arab Emirates (UAE) ,
Waste-to-Energy ,
Wind Farm
Foreign Investment Reviews of Distressed Assets -
As discussed in detail in our previous Client Alert, on February 13, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) issued two Final Rules...more
8/27/2020
/ Bankruptcy Code ,
CFIUS ,
Convertible Debt ,
Cybersecurity ,
Debt Restructuring ,
Distressed Assets ,
Final Rules ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
National Security ,
Popular ,
Real Estate Investments ,
Safe Harbors
On May 1, 2020, President Donald J. Trump signed Executive Order 13920 declaring a national emergency regarding threats posed to the U.S. bulk-power system by electrical equipment supplied by “foreign adversaries.” (BPS EO)...more
5/11/2020
/ Bulk Electric System ,
CFIUS ,
China ,
Department of Energy (DOE) ,
Electricity ,
Energy Sector ,
Executive Orders ,
Foreign Adversaries ,
Foreign Suppliers ,
Huawei ,
Infrastructure ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Proposed Rules ,
Russia ,
Telecommunications
On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became...more
On December 13, 2019, the Department of Justice (“DOJ”) released an updated Export Control and Sanctions Enforcement Policy for Business Organizations (“Policy”), revising the prior policy governing voluntary self-disclosures...more
1/17/2020
/ Department of Justice (DOJ) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
International Emergency Economic Powers Act (IEEPA) ,
International Sales ,
Non-Prosecution Agreements ,
Regulatory Requirements ,
Sanction Violations ,
Self-Disclosure Requirements
Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM -
We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more
10/14/2019
/ Arbitration ,
CFIUS ,
Climate Change ,
DIFC ,
Energy Policy ,
Energy Sector ,
Energy Summit ,
Foreign Investment ,
Human Rights ,
Oil & Gas ,
Project Finance
On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more
9/19/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Personal Data ,
Personally Identifiable Information ,
Proposed Rules ,
Real Estate Transactions ,
Technology Sector
OFAC Provides Guidance on the Essential Components of a Risk-Based Sanctions Compliance Program -
On May 2, 2019, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury issued guidelines...more
5/6/2019
/ Audits ,
Bank Secrecy Act ,
Compliance ,
Economic Sanctions ,
Employee Training ,
Internal Controls ,
Office of Foreign Assets Control (OFAC) ,
Patriot Act ,
Risk Assessment ,
Sanction Violations ,
U.S. Treasury
Ambassador Lighthizer Testifies Before House Ways and Means Committee On Trade Relationship between United States and China -
On February 27, 2019, United States Trade Representative (“USTR”) Robert Lighthizer testified...more
3/14/2019
/ China ,
Economic Sanctions ,
EU ,
Negotiations ,
Trade Relations ,
U.S. Treasury ,
UK ,
UK Brexit ,
US Trade Policies ,
USTR ,
Venezuela ,
Ways and Means Committee ,
WTO
International Trade Commission Initiates Investigation to Assess the Effect of the Miscellaneous Tariff Bill Process on the U.S. Economy -
As we reported previously, the U.S. Congress reinstituted the Miscellaneous Tariff...more
How could the government shutdown affect your M&A transactions? Understand the ramifications of the shutdown through the lens of antitrust, securities and exchange commission, CFIUS, export controls and economic sanctions...more
The Impact of the New Democratic House Majority On The Administration’s Trade Policy -
On November 6, 2018, in the mid-term elections, Democrats took control of the U.S. House of Representatives by winning approximately...more
12/19/2018
/ Aluminum Sales ,
CFIUS ,
EU ,
Foreign Investment ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration ,
UK ,
UK Brexit ,
USTR ,
WTO
On November 10, 2018, the Committee on Foreign Investment in the United States (“CFIUS”) began implementation of significant provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), starting with the...more
The United States And Canada Reach Agreement On A “New NAFTA” -
As we reported previously, on August 27, 2018, Mexico and the United States announced that they had reached a preliminary agreement to replace the North...more
10/15/2018
/ 3D Printing ,
Canada ,
CFIUS ,
Cross-Border Transactions ,
Free Trade Agreements ,
Imports ,
Korea ,
Mexico ,
NAFTA ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR ,
WTO
On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (“FIRRMA”), which enacts significant reforms to the Committee on Foreign Investment in the United States (“CFIUS”)....more
The Trump Administration Announces Final List Of Articles Subject To Section 301 Tariffs -
On June 15, the Office of the United States Trade Representative (“USTR”) released the final list of 818 Chinese products that...more
7/17/2018
/ Aluminum Sales ,
Canada ,
China ,
Imports ,
Mexico ,
NAFTA ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
UK ,
UK Brexit ,
US Trade Policies ,
USTR ,
WTO ,
ZTE