On February 21, President Trump issued the “America First Investment Policy” National Security Presidential Memorandum (“NSPM”) which outlines the Administration’s approach to foreign investment in the United States. The NSPM...more
On June 21, 2024, the US Department of the Treasury issued a Notice of Proposed Rulemaking (“Proposed Rule”) to implement Executive Order 14105 (“EO”) establishing a new Outbound Investment Program ("OIP") to prohibit or...more
On February 28, 2024, President Biden signed Executive Order 14117 on "Preventing Access to Americans' Bulk Sensitive Data and United States Government-Related Data by Countries of Concern" (the EO).1 The EO calls for the...more
On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more
8/18/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Executive Orders ,
Foreign Investment ,
National Security ,
Notice Requirements ,
Outbound Transactions ,
Popular ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
EO 14083 clearly articulates national security risks that the Committee must consider when reviewing covered transactions. The five areas of focus are: supply chain resilience; impact on US technological leadership;...more
2/7/2023
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
Joe Biden ,
National Security ,
Sensitive Personal Information ,
Supply Chain ,
U.S. Treasury
On September 15, President Biden signed an Executive Order (the "EO") identifying national security risks that the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") must consider when reviewing...more
9/20/2022
/ Biden Administration ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
National Security ,
Supply Chain ,
Technology
This month marks two years since the formation of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (see our previous client alert...). Informally known as Team...more
On September 30, 2020, the Federal Communications Commission (FCC) voted to adopt a Report and Order that provides for new rules and procedures to formalize the review process of the Committee for the Assessment of Foreign...more
11/2/2020
/ CALEA ,
CFIUS ,
Communications Act of 1934 ,
Executive Orders ,
FCC ,
Foreign Policy ,
Law Enforcement ,
National Security ,
New Rules ,
Public Interest ,
Request For Information ,
Telecommunications
In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more
8/14/2020
/ Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Cyber Threats ,
Enforcement Actions ,
Executive Orders ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Interim Rule ,
Japan ,
Mitigation ,
National Security Review Proceedings ,
Principal Place of Business ,
Prohibited Transactions ,
Short-Form Registration ,
Supply Chain ,
TikTok ,
Trump Administration ,
WeChat
On April 4, 2020, President Trump issued an Executive Order (EO) establishing the ‘Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector’ (the Committee). The Committee...more
On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...more
5/21/2019
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cybersecurity ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Adversaries ,
Hackers ,
Indictments ,
Industrial Espionage ,
Information Technology ,
Intellectual Property Protection ,
National Security ,
Popular ,
Prohibited Transactions ,
Proposed Legislation ,
Supply Chain ,
Telecommunications ,
Trade Secrets ,
Transfer Restrictions ,
Trump Administration ,
U.S. Commerce Department