- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more
5/21/2020
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Foreign Policy ,
General Licenses ,
Huawei ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Public Comment ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
Investment facilitation is among the new generation issues being discussed at the World Trade Organization (WTO), alongside issues such as electronic commerce and digital trade. The concept of “investment facilitation” refers...more
- On April 28, 2020, the Bureau of Industry and Security of the U.S. Department of Commerce announced changes to the Export Administration Regulations (EAR) through three notices published on the Federal Register. The changes...more
4/30/2020
/ Bureau of Industry and Security (BIS) ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Licensing Rules ,
Military End Use ,
National Security ,
Proposed Rules ,
U.S. Commerce Department
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
Key Points
- On January 13, 2020, the U.S. Department of Treasury released final rules implementing FIRRMA, which reforms the CFIUS framework. These rules will take effect on February 13, 2020.
- The final rules...more
1/16/2020
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
Personal Data ,
Principal Place of Business ,
Proposed Regulation ,
Public Comment ,
U.S. Treasury
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
• The U.S. Department of Treasury released proposed rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) on September 17, 2019. Among other measures, these rules would establish how the Committee...more
9/23/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
• On May 16, 2019, the U.S. Department of Commerce published a final rule adding Huawei and 68 other companies, mostly its non-U.S. affiliates worldwide, to the Entity List... The rule will be officially published in the...more
5/20/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Technology Sector ,
U.S. Commerce Department
• OFAC recently added a Moscow-based Russian-Venezuelan joint venture bank, Evrofinance Mosnarbank (“Evrofinance”), to the List of Specially Designated Nationals and Blocked Persons (the “SDN List”) for engaging in sanctions...more
3/29/2019
/ Banking Sector ,
Blocked Person ,
Economic Sanctions ,
Financial Institutions ,
Foreign Policy ,
General Licenses ,
Joint Venture ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Trump Administration ,
Venezuela
In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more
12/13/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
ANTICORRUPTION DEVELOPMENTS -
DOJ Files Superseding Indictment in Haitian Port Corruption Plot -
On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more
11/20/2018
/ Adidas ,
Anti-Corruption ,
Banking Sector ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
College Athletes ,
Commerce Control List ,
Corporate Monitoring ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Customs and Border Protection ,
Cybersecurity ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Pilot Programs ,
Financial Institutions ,
FinCEN ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Former Employee ,
General Licenses ,
Indictments ,
Interim Final Rules (IFR) ,
Internal Controls ,
ITAR ,
JPMorgan Chase ,
Jurisdiction ,
Medical Devices ,
Money Laundering ,
National Security ,
NCAA ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Settlement ,
SFO ,
Shipping ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US State Departments ,
USML ,
Whistleblower Awards ,
Whistleblowers ,
Wire Fraud ,
World Bank
ANTICORRUPTION DEVELOPMENTS -
DOJ Files Superseding Indictment in Haitian Port Corruption Plot -
On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more
11/20/2018
/ Adidas ,
Anti-Corruption ,
Banking Sector ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
College Athletes ,
Commerce Control List ,
Corporate Monitoring ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Customs and Border Protection ,
Cybersecurity ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Pilot Programs ,
Financial Institutions ,
FinCEN ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Former Employee ,
General Licenses ,
Indictments ,
Interim Final Rules (IFR) ,
Internal Controls ,
ITAR ,
JPMorgan Chase ,
Jurisdiction ,
Medical Devices ,
Money Laundering ,
National Security ,
NCAA ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Settlement ,
SFO ,
Shipping ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US State Departments ,
USML ,
Whistleblower Awards ,
Whistleblowers ,
Wire Fraud ,
World Bank
• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more
11/20/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Filing Requirements ,
Foreign Investment ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
ANTICORRUPTION DEVELOPMENTS -
DOJ Files Superseding Indictment in Haitian Port Corruption Plot -
On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more
11/20/2018
/ Adidas ,
Anti-Corruption ,
Banking Sector ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
College Athletes ,
Commerce Control List ,
Corporate Monitoring ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Customs and Border Protection ,
Cybersecurity ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Pilot Programs ,
Financial Institutions ,
FinCEN ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Former Employee ,
General Licenses ,
Indictments ,
Interim Final Rules (IFR) ,
Internal Controls ,
ITAR ,
JPMorgan Chase ,
Jurisdiction ,
Medical Devices ,
Money Laundering ,
National Security ,
NCAA ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Settlement ,
SFO ,
Shipping ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US State Departments ,
USML ,
Whistleblower Awards ,
Whistleblowers ,
Wire Fraud ,
World Bank
ANTICORRUPTION DEVELOPMENTS -
DOJ Files Superseding Indictment in Haitian Port Corruption Plot -
On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more
11/5/2018
/ Adidas ,
Anti-Corruption ,
Banking Sector ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
College Athletes ,
Commerce Control List ,
Corporate Monitoring ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Customs and Border Protection ,
Cybersecurity ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Pilot Programs ,
Financial Institutions ,
FinCEN ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Former Employee ,
General Licenses ,
Indictments ,
Interim Final Rules (IFR) ,
Internal Controls ,
ITAR ,
JPMorgan Chase ,
Jurisdiction ,
Medical Devices ,
Money Laundering ,
National Security ,
NCAA ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Settlement ,
SFO ,
Shipping ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US State Departments ,
USML ,
Whistleblower Awards ,
Whistleblowers ,
Wire Fraud ,
World Bank
• On October 10, 2018, CFIUS announced a pilot program that implements significant provisions of FIRRMA. The program becomes effective November 10, 2018.
• Under the program, CFIUS jurisdiction will be expanded to cover...more
10/11/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Manufacturers ,
NAICS ,
National Security ,
Trump Administration
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
• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more
9/28/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Energy Sector ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Investors ,
Jurisdiction ,
Material Nonpublic Information ,
National Security ,
Oil & Gas ,
Personal Data ,
Real Estate Transactions ,
Renewable Energy ,
Reporting Requirements ,
Risk Mitigation ,
Safe Harbors ,
Trump Administration ,
Utilities Sector
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
CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more
8/13/2018
/ Annual Reports ,
Bankruptcy Court ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Data Security ,
Declaration ,
Emerging Technology Companies ,
Export Control Reform (ECR) ,
Export Controls ,
Federal Pilot Programs ,
Filing Deadlines ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Information Sharing ,
Investors ,
Judicial Review ,
Jurisdiction ,
Material Nonpublic Information ,
National Security ,
NDAA ,
New Legislation ,
Personally Identifiable Information ,
Reporting Requirements ,
Trump Administration ,
U.S. Commerce Department
Today, President Trump will sign the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This bill expands the purview of CFIUS, which will now have jurisdiction over real estate transactions near sensitive...more
ANTICORRUPTION DEVELOPMENTS –
Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) –
On April 23, the Dun & Bradstreet...more
5/9/2018
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
CAATSA ,
Corruption ,
Criminal Prosecution ,
Cryptocurrency ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Government Officials ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Securities and Exchange Commission (SEC)
ANTICORRUPTION DEVELOPMENTS –
Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) –
On April 23, the Dun & Bradstreet...more
5/9/2018
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
CAATSA ,
Corruption ,
Criminal Prosecution ,
Cryptocurrency ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Government Officials ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Securities and Exchange Commission (SEC)
ANTICORRUPTION DEVELOPMENTS –
Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) –
On April 23, the Dun & Bradstreet...more
5/2/2018
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
CAATSA ,
Corruption ,
Criminal Prosecution ,
Cryptocurrency ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Government Officials ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Securities and Exchange Commission (SEC)