The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more...more
9/21/2022
/ Anti-Money Laundering ,
Business Formation ,
Capital Markets ,
CFIUS ,
Choice of Entity ,
Corporate Governance ,
Directorate of Defense Trade Controls (DDTC) ,
Doing Business ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Intellectual Property Protection ,
ITAR ,
Office of Foreign Assets Control (OFAC)
This alert discusses two major updates related to the Committee on Foreign Investment in the United States (“CFIUS,” or the “Committee”) in the past several weeks. First, on 2 August 2022, the Committee released the CFIUS...more
9/21/2022
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Emerging Technology Companies ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Popular ,
Supply Chain
On February 24, 2022, the US Government imposed severe economic sanctions and export controls on Russia. The restrictions consist of two parts: 1) significant financial sanctions on a range of Russian financial institutions...more
The decision to pay millions to a cyber criminal has never been easy, but it is now even more complex. The U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an updated advisory on September 21,...more
The U.S. is one of the easiest jurisdictions in the world in which to do business1 . 1 Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much...more
On Tuesday, November 3, 2020, Americans chose the presidency and the makeup of the United States Congress. With the U.S. election now decided, with the exception of the Georgia Senate races, we are delighted to share with you...more
12/29/2020
/ 5G Network ,
Antitrust Provisions ,
Biden Administration ,
CFIUS ,
Coronavirus/COVID-19 ,
Foreign Investment ,
Healthcare Reform ,
Infectious Diseases ,
Infrastructure ,
Presidential Elections ,
Public Transportation ,
Regulatory Reform ,
Tax Reform
In the fourth quarter of 2020, the major CFIUS development was the significant revision of one of CFIUS’s two mandatory filing programs. Specifically, on 15 September 15 2020, the Department of Treasury (the Treasury) issued...more
An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations?...more
The Cuban Assets Control Regulations have been amended to prohibit U.S. persons from lodging at certain properties in Cuba, incorporate restrictions on imports of Cuban alcohol and tobacco, and revoke general licenses...more
On 29 June 2020, the final rule expanding the military end user/user controls (MEU) issued by the Bureau of Industry and Security (BIS) went into effect. On 26 June 2020, BIS issued an FAQs guidance document that provides...more
On 27 May 2020 U.S. Secretary of State Pompeo certified to Congress that the State Department no longer considers Hong Kong to have significant autonomy from China and therefore "Hong Kong does not continue to warrant...more
CFIUS Publishes 2018 Annual Report -
The Committee on Foreign Investment in the United States (CFIUS), a U.S. government interagency committee that conducts national security reviews of foreign investments, recently...more
Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more
5/14/2020
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
National Security Review Proceedings ,
Trump Administration
On 28 April the U.S. Commerce Department, Bureau of Industry and Security published two final rules and a proposed rule amending the Export Administration Regulations that will further restrict and regulate transactions...more
The U.S. Department of the Treasury’s Interim Rule establishing filing fees for joint voluntary notices submitted to the Committee on Foreign Investment in the United States goes into effect 1 May 2020....more
As of 16 March 2020 Iran Air and a number of other entities were placed on the Bureau of Industry and Security's (BIS) Entity List.
Summary -
Companies that use Iran Air as transport, particularly companies engaging in...more
3/17/2020
/ Airlines ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Iran ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions
On 27 February 2020, the Office of Foreign Assets Controls (OFAC) issued General License (GL) 8 authorizing certain humanitarian trade transactions involving the Central Bank of Iran (CBI) that are otherwise prohibited under...more
3/6/2020
/ Banks ,
Commodities ,
Economic Sanctions ,
Food Supply ,
Foreign Relations ,
General Licenses ,
Global Terrorism Sanctions Regulations (GTSR) ,
Humanitarian Assistance ,
Iran ,
Iran Sanctions ,
ITSR ,
Medical Devices ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Requirements ,
Reporting Requirements ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Switzerland ,
Trade Agreements
A deeper dive into the president's FY2021 budget request for the U.S. Department of Commerce reveals new initiatives aimed at safeguarding technology.
- The National Telecommunications and Information Administration (NTIA)...more
2/28/2020
/ 5G Network ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Critical Infrastructure Sectors ,
Emerging Technologies ,
Export Controls ,
NIST ,
NTIA ,
Supply Chain ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
On 24 February 2020 the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce published a final rule amending the Export Administration Regulations (EAR) and imposing additional export licensing...more
2/28/2020
/ Aircraft ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Licensing Rules ,
National Security ,
Nuclear Weapons ,
Russia ,
Software ,
U.S. Commerce Department ,
Vessels ,
Yemen
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) published an interim final rule on 6 January 2020 imposing licensing requirements on certain artificial intelligence software specially designed to...more
1/30/2020
/ Bureau of Industry and Security (BIS) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Interim Final Rules (IFR) ,
Popular ,
Rulemaking Process ,
Software ,
U.S. Commerce Department
On 6 January 2020, the State Department's Directorate of Defense Trade Controls (DDTC) issued new frequently asked questions (FAQs) regarding the registration and licensing requirements under the International Traffic in Arms...more
The long-anticipated foreign investment review regulations were released for public inspection on 13 January, 2020. The regulations, scheduled to appear in the Federal Register on 17 January, 2020, are in two Federal Register...more
On 10 January 2020, in response to missile attacks by the Iranian military targeting two U.S. bases in Iraq, the United States Department of the Treasury, Office of Foreign Assets Control (OFAC) designated a number of senior...more
1/14/2020
/ Blocked Person ,
Construction Project ,
Economic Sanctions ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Goods or Services ,
Iran ,
Iran Sanctions ,
Manufacturers ,
Mining ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
SDN List ,
Textiles ,
Trump Administration
On 13 December 2019 the U.S. Department of Justice's (DOJ) National Security Division (NSD) announced the release of its long-anticipated and updated Export Control and Sanction Enforcement Policy for Business Organizations...more
12/19/2019
/ Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
FCPA Guidance ,
National Security ,
Policy Statement ,
Sanction Violations ,
Self-Reporting ,
Trade Relations ,
Willful Misconduct
The Committee on Foreign Investment in the United States (CFIUS or the committee), a U.S. government interagency committee that conducts national security reviews of foreign investments, has released its annual report for...more