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Treasury Issues Draft Regulations for Outbound Investment Security Program; Comments Due August 4

An August 4 deadline is fast approaching for comments to the U.S. Department of the Treasury’s Notice of Proposed Rulemaking (NPRM) that was issued June 21. The NPRM will restrict, for national security purposes, specific...more

DOJ Kicks Off Work to Regulate Foreign Access to Sensitive Personal Data Under New EO

On March 5, 2024, the Department of Justice (DOJ) issued an Advance Notice of Proposed Rulemaking (ANPRM) regarding Access to Americans’ Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern. The...more

House Select Committee on the CCP Releases Report Proposing Changes to CFIUS

On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with...more

Biden Administration Issues Executive Order and Proposals Targeting Outbound Investment in China

After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more

Treasury, Commerce Issue Reports to Congress Outlining Proposed Outbound Investment Initiative

In accordance with the Consolidated Appropriations Act, 2023 (Public Law 117-328), the U.S. Treasury and Commerce Departments recently issued reports to Congress outlining the contours of a proposed outbound investment review...more

New Executive Order Directs CFIUS to Consider Additional National Security Factors in Evaluating Covered Transactions

On September 15, 2022, President Biden signed an executive order (EO) that reaffirms longstanding U.S. open investment policy and elaborates and expands on the existing list of statutory factors that the Committee on Foreign...more

Biden Administration Sanctions Donetsk, Luhansk Regions of Ukraine

On February 21, 2022, President Joe Biden issued an Executive Order (EO) in response to Russian President Vladimir Putin’s ongoing “efforts to undermine the sovereignty and territorial integrity of Ukraine.” Referencing a...more

Biden Administration Revokes Trump EOs Targeting TikTok, WeChat, and Other Chinese Software Apps; Initiates Broader Investigations...

On June 9, 2021, the Biden Administration issued an executive order (EO) entitled “Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries.” This EO revoked three prior Trump Administration EOs aimed...more

Commerce Releases Rule for Reviewing Technology Transactions, Identifies Six Countries as “Foreign Adversaries”

On January 14, 2021, the U.S. Department of Commerce (Department) released an interim final rule to implement President Trump’s 2019 Executive Order (EO) on “Securing the Information and Communications Technology and Services...more

Presidential EO Prohibits Transactions with Chinese Companies Alipay, WeChat Pay, Tencent QQ, and Others

On January 5, 2021, President Trump signed an executive order (EO) prohibiting U.S. persons from engaging in transactions with eight “connected software applications” developed or controlled by Chinese companies. The...more

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