On February 21, 2025, the Trump administration published its “America First Investment Policy” memorandum. Among other items, the Policy calls for the United States to restrict China-affiliated persons from investing in...more
5/6/2025
/ CFIUS ,
China ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Policy ,
Investment ,
National Security ,
New Regulations ,
Proposed Legislation ,
Trump Administration
This article provides an overview of the most recent tariff updates affecting businesses operating within the semiconductor, pharmaceutical, and critical mineral industries. Below we outline recent tariff exclusions for...more
4/18/2025
/ Executive Orders ,
Imports ,
Investigations ,
National Security ,
Pharmaceutical Industry ,
Popular ,
Public Comment ,
Section 232 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trump Administration ,
U.S. Commerce Department
On February 21, 2025, President Trump issued a memorandum titled "America First Investment Policy" (the “Policy”), outlining new measures to shape U.S. investment policy. Though the Policy makes it clear that the United...more
President Trump’s pick for Attorney General, Pam Bondi, took quick action upon her swearing in on February 5, 2025, to make changes within the Department of Justice (“DOJ”) via the issuance of fourteen separate memorandum...more
3/3/2025
/ Attorney General ,
Cartels ,
Corruption ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Regulatory Agenda ,
Trump Administration
Multiple federal agencies are charged with enforcing U.S. international trade and national security laws. These agencies include the Department of Commerce Bureau of Industry and Security (BIS) and the Department of State...more
2/3/2025
/ Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
International Trade ,
Investigations ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agencies
On January 13, 2025, the Department of Commerce Bureau of Industry and Security (BIS) announced new rules restricting the export of advanced artificial intelligence (AI) chips and certain closed AI model weights in an...more
2/3/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Economic Sanctions ,
Export Controls ,
Foreign Direct Product Rule ,
International Trade ,
Licensing Rules ,
National Security ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more
2/3/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Economic Sanctions ,
Export Controls ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Policy ,
Investment ,
Investors ,
National Security ,
NDAA ,
Technology Sector ,
Transparency
On December 2, 2024, the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) issued two new rules further restricting China’s capability to produce advanced semiconductors. One final rule (the “Entity List...more
In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more
12/20/2024
/ Acquisitions ,
CFIUS ,
China ,
Compliance ,
Court of International Trade ,
Due Diligence ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Imports ,
Mergers ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
U.S. Customs ,
US Trade Policies
Much has been written about the Corporate Transparency Act (“CTA”), which was enacted on January 1, 2021, and went into effect on January 1, 2024. Briefly, the CTA requires “reporting companies” to disclose beneficial...more
7/31/2024
/ Acquisitions ,
Beneficial Owner ,
CFIUS ,
Corporate Transparency Act ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Foreign Entities ,
Foreign Investment ,
National Security ,
Regulatory Agenda ,
Reporting Requirements
MENU InsightsAmid TikTok Tensions, CFIUS Signals Increased Enforcement and Other UpdatesBy: Derrick Kyle, Senior AssociateDate: 04/25/2023As TikTok CEO Shou Zi Chew was facing (often contentious) questions from members of...more
In the aftermath of 9/11, the U.S. Government created the Department of Homeland Security to carry out a broad range of national security functions. Today, DHS is widely known for overseeing both Immigrations and Customs...more
On February 4, 2022, the House of Representatives passed the National Critical Capabilities Defense Act of 2021 (“NCCDA”) as part of the much larger America Creating Opportunities for Manufacturing, Pre-Eminence in...more
On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security...more