Hypersonics — the science behind missiles that travel in excess of Mach 5 and can quickly change trajectory mid-flight — illustrate the challenges faced by U.S. companies working on emerging technologies...
Originally...more
At a time when the U.S. healthcare system is already overwhelmed by the COVID-19 pandemic, hospitals and healthcare companies have been hit with an unprecedented number of ransomware attacks. A joint cybersecurity advisory...more
On November 19, 2020, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a risk alert (the Risk Alert) identifying common compliance issues related to Rule 206(4)-7 (the...more
12/7/2020
/ Anti-Corruption ,
Compliance ,
Department of Justice (DOJ) ,
Fund Managers ,
Investment Adviser ,
OCIE ,
Office of Foreign Assets Control (OFAC) ,
Registered Investment Advisors ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
U.S. Treasury
A recent dispute between an importer and U.S. Customs and Border Protection (CBP) serves as a stark reminder that the “substantial transformation” test used to determine the country of origin of imported goods is far from...more
As trade compliance gains more traction, US regulators have made it clear that having compliance policies in place is critical, regardless of the company size or the industry. The implementation of such compliance programs...more
11/9/2020
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Compliance ,
Cuba ,
Department of Justice (DOJ) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Fines ,
National Security ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Sanction Violations ,
Shipping Cargo
U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more
10/30/2020
/ CFIUS ,
China ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Defense (DOD) ,
Foreign Acquisitions ,
Foreign Adversaries ,
National Security ,
Pentagon ,
Russia ,
Safe Harbors ,
Supply Chain ,
Technology
All U.S. persons or businesses that meet the definition of a "financial services provider" and conducted financial services transactions with foreign persons during the 2019 fiscal year must file the survey known as the...more
Trade compliance programs save manufacturers of goods with overseas supply chains thousands of dollars in duties, fines, and penalties.
According to a 2019 federal study, President Donald Trump’s tariffs and subsequent...more
10/23/2020
/ Audits ,
Commerce Control List ,
Compliance ,
ECCNs ,
Fines ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
Internet businesses are easily able to reach customers around the world. That worldwide reach, however, only increases a company’s risk of violating U.S. economic sanctions that the company might have not even realized...more
With "compliance" being the buzzword for corporate executives and legal counsel, there is renewed focus on reducing legal risks when exporting or selling overseas. The key is a robust compliance program that outlines the...more
7/30/2020
/ Bribery ,
Buy-In Agreements ,
Chief Compliance Officers ,
Compliance ,
Compliance Management Systems ,
Exports ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Partner ,
Foreign Workers ,
Office of Foreign Assets Control (OFAC) ,
Standard Form Contracts ,
Technology Transfer Agreements
Reflecting increasing U.S. government concern regarding Chinese access to U.S. critical technologies and critical infrastructure, POWER magazine recently reported on the Department of Energy’s (DOE) publication of a Request...more
7/20/2020
/ Acquisitions ,
Bulk Electric System ,
China ,
Department of Energy (DOE) ,
Energy Sector ,
FBI ,
Foreign Adversaries ,
Imports ,
Installation Services ,
Request For Information ,
Russia ,
Supply Chain ,
Technology ,
Transfers
Many U.S. companies are unaware that a relatively unknown agency, the Bureau of Economic Analysis (BEA)
at the Department of Commerce, administers mandatory reporting requirements that oblige ALL U.S. businesses to file...more
Could your upcoming commercial real estate transaction or investment raise national security concerns?
Under recently developed federal law, the Committee on Foreign Investment in the United States (CFIUS), a...more
7/14/2020
/ CFIUS ,
Commercial Real Estate Market ,
Department of Defense (DOD) ,
FBI ,
Foreign Investment ,
Information Sharing ,
Investors ,
National Security ,
National Security Agency (NSA) ,
Partnerships ,
Penalties ,
U.S. Treasury
The U.S. Department of Defense (DOD) is offering to match U.S. companies with investors through its new Trusted Capital Program. The impetus for the program is to counter what the DOD characterizes as “adversarial capital”:...more
6/22/2020
/ 5G Network ,
CFIUS ,
Department of Defense (DOD) ,
Emerging Technologies ,
Foreign Investment ,
Healthcare ,
NDAA ,
Nuclear Power ,
Rare Earth Metals ,
Robotics ,
Technology
On May 14, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the U.S. Coast Guard issued a Sanctions Advisory for the Maritime Industry, Energy and Metals...more
On May 14, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the U.S. Coast Guard issued a Sanctions Advisory for the Maritime Industry, Energy and Metals...more
5/18/2020
/ Coast Guard ,
Due Diligence ,
Economic Sanctions ,
Iran ,
Iran Sanctions ,
Maritime Transport ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Shipping ,
Supply Chain ,
Syria ,
Unfair or Deceptive Trade Practices ,
US Department of State
Doreen M. Edelman and Zarema A. Jaramillo discuss "What Tech Companies and Investors Need to Know About CFIUS’s New Foreign Investment Requirements."
The Committee on Foreign Investment in the United States (CFIUS) reviews...more
5/15/2020
/ CFIUS ,
Continuing Legal Education ,
Critical Infrastructure Sectors ,
Exit Strategies ,
Foreign Investment ,
Investment Management ,
Regulatory Requirements ,
Risk Management ,
Sensitive Business Information ,
Startups ,
Technology Sector ,
Webinars
The Office of the United States Trade Representative (USTR) is now accepting comments regarding the possible extension of List 3 product exclusions that are set to expire on August 7. Companies are invited to submit comments...more
5/5/2020
/ China ,
Comment Period ,
Exclusions ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
The U.S. Department of Defense (DOD) is presenting an opportunity for U.S. companies and investors alike: the recently established Trusted Capital Program. The recent outbreak of COVID-19 has increased the Pentagon’s interest...more
The administration and U.S. Customs and Border Protection (CBP) recently announced a narrow 90-day duty deferral option to help companies cope with the economic effects of COVID-19. Apparently the push from members of...more
The coronavirus pandemic has affected international trade in a number of ways, from supply chain disruptions, calls to reduce tariffs on U.S. imports, pressure to relax economic sanctions to stem the spread of the virus and...more
Over the past few years, U.S. regulators have made it clear that having comprehensive and effective compliance policies covering trade is a must, regardless of the company size, location or industry. The government’s move to...more
3/26/2020
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Penalties ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Huawei ,
Imports ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Risk Assessment ,
Risk Mitigation
With more than 153,000 cases reported globally (as of March 15, 2020), including more than 1,600 in the United States (as of March 13, 2020)–and both totals increasing by the hour–the COVID-19 pandemic is already wreaking...more
While CFIUS can’t stop a U.S. company from relocating overseas just because the committee decides that some dating data is a national security risk, companies should be aware of CFIUS’ powers so they don’t get caught having a...more