Christian Davis on Executive Orders

Protecting Americans’ Data from Foreign Adversaries Act of 2024

On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more

6/24/2024 / Advanced Notice of Proposed Rulemaking (ANPRM) , Data Protection , Department of Justice (DOJ) , Executive Orders , Federal Trade Commission (FTC) , Foreign Adversaries , FTC Act , National Security , Sensitive Personal Information

Commerce Focuses National Security Scrutiny on 'Connected Vehicle' Supply Chain

On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more

3/4/2024 / Advanced Notice of Proposed Rulemaking (ANPRM) , Bureau of Industry and Security (BIS) , China , Executive Orders , Foreign Adversaries , National Security , Satellites , Software , Supply Chain , Telecommunications , U.S. Commerce Department

Commerce Issues Proposed Rule on “Malicious Cyber-Enabled Activities” and Artificial Intelligence

On January 29, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a proposed rule (the Proposed Rule) that would impose significant know-your-customer (KYC), monitoring and reporting obligations...more

2/2/2024 / Biden Administration , Cloud Service Providers (CSPs) , Enforcement , Executive Orders , Foreign Jurisdictions , Infrastructure , Know Your Customers , Penalties , Proposed Rules , Reporting Requirements , Verification Requirements

President Biden Signs Executive Order on Outbound Investment

Key Points - On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more

8/16/2023 / Advanced Notice of Proposed Rulemaking (ANPRM) , Biden Administration , CFIUS , China , Covered Transactions , Executive Orders , Foreign Investment , National Security , NDAA , Technology Sector

Congress Takes a Step Forward on Outbound Investment

The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more

7/31/2023 / Biden Administration , China , Executive Orders , Foreign Investment , Investment , NDAA , Outbound Transactions , Regulatory Agenda , Semiconductors

Executive Order Outlines Expansive National Security Considerations for CFIUS

Key Points - EO 14083 provides updated guidance to CFIUS regarding its consideration of U.S. national security risk factors and is aimed at confronting evolving and emerging threats to U.S. technological leadership, U.S....more

9/22/2022 / Biden Administration , CFIUS , Critical Infrastructure Sectors , Executive Orders , FIRRMA , Foreign Investment , National Security

Commerce Proposes ICTS Changes for Connected Software Applications

Key Points - On November 26, 2021, the U.S. Department of Commerce issued a notice of proposed rulemaking related to “connected software applications” (“apps”) that aims to expressly incorporate transactions involving...more

12/2/2021 / Executive Orders , Foreign Adversaries , National Security , Notice of Proposed Rulemaking (NOPR) , Proposed Rules , Software , Supply Chain , U.S. Commerce Department

Biden Issues Executive Order Redirecting and Clarifying Scrutiny of Chinese Apps

Key Points - On June 9, President Biden signed an executive order (“EO”) revoking a series of Trump-era EOs targeting specific Chinese “connected software applications” (“apps”), including TikTok and WeChat. The EO calls...more

6/23/2021 / Biden Administration , Critical Infrastructure Sectors , Cybersecurity , Department of Justice (DOJ) , Executive Orders , Foreign Adversaries , Mobile Apps , National Security , Personal Data , Popular , Supply Chain

Biden Administration Revamps Sanctions Program Targeting Publicly Traded Securities of Designated Chinese Military Companies

On June 3, 2021, President Biden issued Executive Order 14032 (Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China) (“CMIC EO”) that modifies the Trump-era...more

6/8/2021 / Biden Administration , China , Executive Orders , Foreign Relations , National Security , Office of Foreign Assets Control (OFAC) , Prohibited Transactions , Publicly-Traded Companies , Securities Transactions

New Designations of Chinese Entities Impose Varying Restrictions

The U.S. government has recently imposed controls pertaining to “Communist Chinese Military Companies” (CCMCs or “1237 entities”); Chinese “Military End Users” (MEUs); and Chinese “Military-Intelligence End Users” (MIEUs)....more

1/21/2021 / Blocked Person , China , Executive Orders , Export Administration Regulations (EAR) , Export Control Reform Act (ECRA) , Export Controls , Military End Use , Office of Foreign Assets Control (OFAC) , Publicly-Traded Companies , SDN List

New Executive Order Restricts U.S. Persons from Trading in Publicly Traded Securities and Derivatives of Certain “Communist...

Key Points - On November 12, 2020, President Trump issued a new EO prohibiting U.S. persons from engaging in transactions in publicly traded securities of certain CCMCs, or any securities that are derivative of, or are...more

1/4/2021 / China , Department of Defense (DOD) , Derivatives , Executive Orders , Financial Instruments , NDAA , Office of Foreign Assets Control (OFAC) , Private Equity , Publicly-Traded Companies , SDN List , Trade Relations , Trump Administration , US Trade Policies

Department of Energy Identifies “Foreign Adversaries” and Seeks Industry Input Regarding Implementation of Bulk-Power System...

- On July 8, 2020, the Department of Energy (DOE) published a Request for Information (RFI) concerning Executive Order 13920, “Securing the United States Bulk-Power System” (the “E.O.”). The E.O. authorizes the DOE to block...more

7/13/2020 / Comment Period , Cybersecurity , Department of Energy (DOE) , Electricity , Energy Projects , Energy Sector , Executive Orders , Foreign Adversaries , Request For Information , Rulemaking Process , Supply Chain

President Trump Establishes Framework to Ban the Use of Foreign-Sourced Equipment in the U.S. Electric Grid

- On May 1, 2020, President Trump issued an Executive Order (E.O.) aimed at curtailing the use of foreign-sourced electric equipment installed on the U.S. “bulk-power system,” which is commonly understood to mean the U.S....more

5/6/2020 / Electricity , Energy Sector , Executive Orders , Foreign Adversaries , Licensing Rules , Trump Administration

Executive Order Formalizes Telecom Foreign Investment Review

On April 4, the White House released an Executive Order establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (the “Committee”) to assess foreign...more

4/10/2020 / Executive Orders , Foreign Investment , Foreign Ownership , National Security , Telecommunications

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking...more

2/26/2020 / Anti-Corruption , Bureau of Industry and Security (BIS) , CFIUS , Civil Monetary Penalty , Criminal Conspiracy , Criminal Convictions , Customs and Border Protection , Department of Homeland Security (DHS) , Department of Justice (DOJ) , Directorate of Defense Trade Controls (DDTC) , Due Process , Economic Sanctions , Enforcement Actions , Executive Orders , Export Control Reform Act (ECRA) , Export Controls , Exports , Fifth Amendment , Forced Labor , Foreign Corrupt Practices Act (FCPA) , Foreign Nationals , Guilty Pleas , Imports , Indictments , ITAR , Money Laundering , Office of Foreign Assets Control (OFAC) , Red Notices , Sanction Violations , Sanctions , SDN List , Securities and Exchange Commission (SEC) , Smuggling , Trump Administration , U.S. Treasury , Whistleblowers

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

12/4/2019 / CFIUS , Executive Orders , Foreign Acquisitions , Foreign Adversaries , Foreign Investment , Information and Communication Technology (ICT) , International Emergency Economic Powers Act (IEEPA) , National Security , Proposed Regulation , Proposed Rules , Public Comment , Supply Chain , Trump Administration , U.S. Commerce Department

Red Notice Newsletter - August 2019

ANTICORRUPTION DEVELOPMENTS - Telecommunications Company Fined $12 Million for FCPA Violations - On August 29, 2019, The Securities and Exchange Commission (SEC) instituted ceaseand-desist proceedings against...more

9/9/2019 / Anti-Corruption , Appeals , Bribery , Criminal Conspiracy , Criminal Prosecution , Department of Defense (DOD) , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Entity List , Executive Orders , Export Controls , Exports , False Statements , Fines , Foreign Corrupt Practices Act (FCPA) , Foreign Narcotics Kingpin Designation Act , General Licenses , Guilty Pleas , Huawei , Indictments , Internal Investigations , International Emergency Economic Powers Act (IEEPA) , ITSR , Manufacturers , Medical Devices , Money Laundering , New Guidance , Office of Foreign Assets Control (OFAC) , Plea Agreements , Settlement , SFO , Smuggling , Suspensions & Debarments , Tariffs , Tax Evasion , Technology Sector , Telecommunications , Trump Administration , World Bank

OFAC Sanctions Venezuelan State-Owned Energy Company PdVSA, Releases New General Licenses and FAQs for Venezuela Sanctions Regime

• On January 28, 2019, OFAC added the Venezuelan state-owned oil and natural gas company PdVSA to its SDN List. • As a result, U.S. persons are generally prohibited from engaging in transactions with PdVSA and entities that...more

2/6/2019 / Blocked Person , Bonds , Capital Markets , Debt-Equity , Economic Sanctions , Energy Sector , Executive Orders , General Licenses , Office of Foreign Assets Control (OFAC) , Oil & Gas , SDN List , Securities Transactions , State-Owned Enterprises , Trump Administration , Venezuela

Red Notice Newsletter - September 2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

10/2/2018 / Anti-Corruption , Arms Export Control Act , Books & Records , Bureau of Industry and Security (BIS) , CAATSA , CEOs , Civil Monetary Penalty , Comment Period , Consent Order , Corporate Fines , Country of Origin , Criminal Conspiracy , Criminal Prosecution , Customs , Defense Contracts , Department of Defense (DOD) , Department of Justice (DOJ) , Economic Sanctions , Emerging Growth Companies , Energy Sector , Enforcement Actions , Executive Orders , Export Administration Regulations (EAR) , Export Control Reform (ECR) , Export Controls , Exports , Federal Trade Commission (FTC) , Foreign Corrupt Practices Act (FCPA) , Foreign Interference in US Elections , General Licenses , Guilty Pleas , Indictments , Investigations , ITSR , List of Specified Persons (LSP) , Manufacturers , Mining , Money Laundering , National Security , NDAA , Office of Foreign Assets Control (OFAC) , Oil & Gas , Pharmaceutical Industry , Public Comment , Real Estate Brokers , Recordkeeping Requirements , Remand , Reporting Requirements , Retailers , Securities and Exchange Commission (SEC) , Settlement Agreements , SFO , Testimony , Trump Administration , Voluntary Disclosure , Whistleblower Awards , Whistleblowers , Wire Fraud

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

9/6/2018 / 3-D Technology , Anti-Corruption , Appeals , Berry Amendment , Bribery , Bureau of Industry and Security (BIS) , CFIUS , Civil Monetary Penalty , Corruption , Criminal Conspiracy , Criminal Penalties , Criminal Prosecution , Critical Infrastructure Sectors , Customs and Border Protection , Declination , Department of Defense (DOD) , Department of Justice (DOJ) , Economic Sanctions , Embezzlement , Enforcement Actions , Entity List , Executive Orders , Export Administration Regulations (EAR) , Export Controls , Exports , Filing Requirements , FIRRMA , Foreign Corrupt Practices Act (FCPA) , Foreign Investment , Foreign Policy , Former Employee , General Licenses , Guilty Pleas , Immigration and Customs Enforcement (ICE) , Imports , Insurance Contracts , Internal Investigations , Iran Sanctions , Joint Comprehensive Plan of Action (JCPOA) , Jurisdiction , Licensing Rules , Money Laundering , National Security , NDAA , New Legislation , Office of Foreign Assets Control (OFAC) , Personal Data , Preliminary Injunctions , Probationary Period , Racketeering , Sanction Violations , Sanctions , Securities and Exchange Commission (SEC) , Settlement Agreements , SFO , Suspensions & Debarments , The Wassenaar Arrangement , Trade Agreements Act , Trump Administration , Wire Fraud , World Bank