The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more
9/20/2024
/ AUKUS ,
Australia ,
Belarus ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Foreign Governments ,
Foreign Investment ,
ITAR ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Technology ,
U.S. Treasury ,
UK ,
US Department of State
The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more
8/14/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Adversaries ,
Foreign Investment ,
International Trade ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Real Estate Transactions ,
Russia ,
Sensitive Business Information
What is a CFIUS filing, when should it be made, and what happens if a party fails to file?
In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more
5/10/2024
/ CFIUS ,
Critical Infrastructure Sectors ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
NPRM ,
Private Equity ,
Proposed Rules ,
Rulemaking Process ,
Technology
On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more
5/9/2024
/ AUKUS ,
CFIUS ,
Copyright Infringement ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
FIRRMA ,
Foreign Investment ,
Immigration and Customs Enforcement (ICE) ,
International Emergency Economic Powers Act (IEEPA) ,
ITAR ,
Made in the USA ,
National Security ,
NDAA ,
Prohibited Transactions ,
Proposed Rules ,
Russia ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State ,
Uyghur Forced Labor Prevention Act (UFLPA)
On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more
3/7/2024
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CAFC ,
CFIUS ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
False Statements ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
International Trade ,
Iran ,
ITAR ,
Labeling ,
Made in the USA ,
Money Laundering ,
National Security ,
National Security Agency (NSA) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Section 301 ,
U.S. Commerce Department ,
US Department of State ,
USTR
On Aug. 9, President Joe Biden signed an Executive Order providing the framework for investment restrictions in China (including Hong Kong and Macau). The President has tapped the Department of the Treasury to oversee a...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Investment ,
Intelligence Services ,
Joe Biden ,
Microchip Technology ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PRC ,
Screening Procedures ,
Section 301 ,
Semiconductors ,
Tariffs ,
Technology Sector ,
USTR
On March 2, the Department of Commerce, Department of the Treasury and Department of Justice issued a tri-seal compliance note outlining methods Russia uses to evade sanctions and export controls....more
4/7/2023
/ Bureau of Economic Analysis ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Free Trade Agreements ,
Russia ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
While many U.S. funds and businesses may not be aware of the Bureau of Economic Analysis (BEA) or its reporting requirements, they are still obligated to submit a filing to the BEA by May 2023. The BE-12 benchmark survey is...more
1. Reverse CFIUS Expected To Be Narrow and Only Forward-Looking Laura Black, a former Treasury Department official, recently discussed how companies should prepare for any potential U.S. outbound investment review process....more
2/20/2023
/ CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Foreign Investment ,
NDAA ,
Section 301 ,
Supply Chain ,
U.S. Treasury ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more
10/6/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Customs and Border Protection ,
Cybersecurity ,
Department of Defense (DOD) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Contractors ,
Forced Labor ,
Foreign Investment ,
Imports ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
U.S. Treasury ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. Biden Administration Trade Posture-
The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more
8/9/2021
/ Airbus ,
Biden Administration ,
Boeing ,
CFIUS ,
China ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Interagency Guidance ,
National Security ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Section 301 ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
WTO
Summaries of recent legislative and regulatory developments with respect to:
•The SEC’s Examination Priorities for 2021-
•The SEC’s Focus on Digital Asset Securities-
•The SEC’s New Marketing Rule... ...more
4/1/2021
/ Accredited Investors ,
Anti-Money Laundering ,
BEA ,
Broker-Dealer ,
CARES Act ,
CFIUS ,
Chief Compliance Officers ,
Client Funds ,
Common Reporting Standard (CRS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Assets ,
Disclosure ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Fraud ,
Financial Industry Regulatory Authority (FINRA) ,
FinTech ,
Foreign Investment ,
Form CRS ,
General Data Protection Regulation (GDPR) ,
IARD ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Portfolios ,
Net Operating Losses ,
Office of Foreign Assets Control (OFAC) ,
Recordkeeping Requirements ,
Registered Investment Advisors ,
Safe Harbors ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Tax Cuts and Jobs Act ,
U.S. Treasury ,
Unauthorized Transactions