Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...more
Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
1/6/2023
/ Australia ,
Batteries ,
Biden Administration ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Defense Sector ,
Electric Vehicles ,
Electricity ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Rights ,
Minerals ,
Mining ,
National Security ,
Popular ,
Rare Earth Metals ,
Semiconductors ,
Supply Chain ,
Wind Power
President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more
9/20/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
OSTP ,
Personally Identifiable Information ,
Popular ,
Supply Chain
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...more
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more
8/24/2022
/ CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
International Trade ,
National Security
The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more
7/6/2022
/ Big Data ,
CFIUS ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Investment ,
National Intelligence Agencies ,
National Security ,
Risk Mitigation ,
U.S. Commerce Department ,
U.S. Treasury
In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more
5/24/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
China ,
Export Controls ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Semiconductors ,
State-Owned Enterprises ,
UK
For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more
1/19/2022
/ Acquisitions ,
BEIS ,
CFIUS ,
Critical Infrastructure Sectors ,
Enterprise Act 2002 ,
Filing Requirements ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Intellectual Property Protection ,
National Security ,
UK ,
Voting Rights
The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more
6/14/2021
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Mobile Apps ,
National Security ,
Personal Data ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
President Donald Trump issued a new executive order – Executive Order Addressing the Threat Posed By Applications and Other Software Developed or Controlled By Chinese Companies – on Jan. 5, 2021, prohibiting any transaction...more
The U.S. Department of Commerce Bureau of Industry and Security (BIS) on Dec. 23, 2020, amended the Export Administration Regulations (EAR) to remove Hong Kong as a separate destination listed in the EAR....more
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and one proposed rule that amend the Export Administration Regulations (EAR), with the goal of limiting the...more
5/1/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
National Security ,
Russia ,
Technology ,
U.S. Commerce Department ,
Venezuela
After a few years of debating and making into law, the Committee on Foreign Investment in the U.S. (CFIUS) regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect on Feb. 13,...more
2/14/2020
/ CFIUS ,
Comment Period ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
Interim Rule ,
Jurisdiction ,
NAICS ,
National Security ,
New Regulations ,
Principal Place of Business ,
Real Estate Transactions ,
Regulatory Authority ,
Regulatory History
The U.S. Department of Commerce (Commerce) announced in a Nov. 18, 2019, press release that it will extend the Temporary General License (TGL) for Huawei Technologies Co. Ltd. for an additional 90 days. In a notice effective...more
• President Donald Trump saying at the recent G20 Summit in Japan that American companies could keep selling products to Huawei Technologies Co. Ltd. (Huawei) was another installment in the drama surrounding the Chinese tech...more
7/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Sanction Violations ,
Technology Sector ,
Telecommunications ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more
8/17/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Land Developers ,
National Security ,
NDAA ,
Personal Data ,
Real Estate Transactions ,
Trade Policy ,
Trump Administration
• The Information Security Oversight Office (ISOO) has issued a Final Rule to its 32 C.F.R. Part 2004 National Industrial Security Program (NISP) Directive, which is the overarching policy for federal agencies involved in...more
7/6/2018
/ CFIUS ,
Data Security ,
Defense Contracts ,
Defense Security Service (DSS) ,
Department of Homeland Security (DHS) ,
Eligibility ,
Federal Contractors ,
Final Rules ,
FOCI ,
Information Security ,
National Security ,
New Rules ,
NISPOM ,
ODNI ,
Security Clearance