Latest Posts › National Security

Share:

With Focus on Tech Sector and China, Treasury Publishes Proposed Outbound Investment Restrictions

The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more

CFIUS’s Proposed Regulatory Enhancements Would Increase Transactional Risks

The Committee on Foreign Investment in the United States (CFIUS) has taken another significant step in transforming from a limited jurisdiction interagency committee that primarily reviewed voluntary filings into a body with...more

U.S. Investments in China: Biden Administration Executive Order Sets Stage for Increased Regulation

The Biden administration has issued a long-awaited executive order authorizing regulation of U.S. investments in Chinese semiconductor, quantum computing and AI companies. The Treasury Department published a corresponding...more

CFIUS Reportedly Finds It Lacks the Authority to Scrutinize Chinese-Owned Company’s Michigan Land Battery Plant

The Committee on Foreign Investment in the United States (CFIUS) reportedly observed limits on its authority in a recent case to examine and potentially disturb foreign investment transactions for national security reasons....more

Foreign Investment Benchmarking Survey: Deadline Looms for U.S. Companies with Foreign Ownership

U.S. companies with foreign ownership face a June 30 deadline to respond to a survey of foreign investment in the United States. The U.S. government is conducting the 2022 Benchmark Survey of Foreign Direct Investment in the...more

$300 Million Seagate Export Control Penalty Shows New, Aggressive China-Trade Enforcement

On April 19, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) imposed a $300 million civil penalty on Seagate Technology LLC, a U.S. supplier of data-storage products. BIS found that...more

U.S. Expands China-Related Export Controls Regarding Advanced Computing and Semiconductor Manufacturing

On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry Security (“BIS”) released new export control regulations (the “New Regulations”) that intensify and complicate U.S. and non-U.S. companies’ international...more

New Presidential Executive Order on National Security Factors for CFIUS

The President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more

Russian Exposure: Guidance for Tech Companies

This guidance does not constitute legal advice. To the extent that you have any questions arising out of the guidance, please speak to a member of the Orrick team who will be happy to assist. The invasion of Ukraine by...more

Expanded Controls on Encryption Software Exports to Russia and Belarus

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has adjusted U.S. export controls in ways that dramatically limit unlicensed supply to Russia or Belarus of many types of software with encryption...more

CFIUS and Encryption Software – Resolving Whether a CFIUS Filing Is Mandatory

Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more

BIS Finalizes the Rule Covering Cybersecurity Activities

On October 21, 2021, the Commerce Department’s Bureau of Industry and Security (“BIS”) published a rule that will restrict some exports, reexports, and other overseas transfers of equipment, software, and technology...more

The New "Uniquely Required" Standard of U.S. Export Licensing Policy for SMIC

On December 18, 2020, the Bureau of Industry and Security (“BIS”) announced the addition of 77 new entities, including Semiconductor Manufacturing International Corporation (“SMIC”), to the Entity List. ...more

The Trump Administration's Executive Order to Ban Transactions with Persons Developing or Controlling Eight Chinese Apps

On January 5, 2021, President Trump issued Executive Order 13971 (the “Executive Order”) that provides for prohibitions on U.S. persons engaging in transactions with persons that develop or control any of the following eight...more

WeChat and TikTok Sanctions Not to Come Into Effect Sept. 20

Late last week, a Magistrate Judge for the U.S. District Court for the Northern District of California issued an order granting a motion for a nationwide preliminary injunction forbidding implementation of sanctions against...more

Commerce Department Identifies Prohibited Transactions Involving WeChat and TikTok

Last week, the Department of Commerce took steps to implement sanctions targeting China’s mobile applications WeChat, owned by Tencent Holdings Ltd. (“WeChat Sanctions”), and TikTok, owned by ByteDance Ltd. (“ByteDance”)...more

CFIUS Mandatory Filings for Certain "Critical Technology" Transactions – New Export Controls Test

As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more

U.S. Expands Export Restrictions Against Huawei

The U.S. government is expanding international trade restraints against Huawei Technologies Co. Ltd. (“Huawei”) and its affiliates in an effort to further restrict Huawei’s access to U.S. technologies.....more

President Trump Issues Executive Order Implementing the Hong Kong Autonomy Act

As noted in our recent alert, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) on July 14, 2020. On the same day, the President also issued an Executive Order on Hong Kong Normalization (the “Executive...more

U.S. Enacts Sanctions Legislation, Imposes Export Control Changes in Response to China's National Security Law for Hong Kong

Yesterday, after unanimous passage by the U.S. Congress, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) in retaliation against China for it's “Law on Safeguarding National Security in the Hong Kong...more

Executive Order Restraints on Sourcing of Power System Equipment Raise Challenges for Developers

On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System” (“E.O. 13920”) to address what the Trump Administration considers to be national security threats to the U.S....more

Trump Administration Issues Order to Restrain International Sourcing for U.S. Bulk-Power System; Initiates Related Section 232...

On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System (“E.O. 13920”),” to authorize restrictions on “bulk-power system electric equipment” if there is a connection to a...more

President Trump Orders Divestment of U.S. Company; CFIUS Clears Semiconductor Transaction

It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more

Contractors Scrambling to Scope New DoD Cyber Framework

On January 30, 2020, the U.S. Department of Defense (“DoD”) released Version 1.0 of its Cybersecurity Maturity Model Certification (“CMMC”) framework (CMMC overview here; CMMC Version 1.0 and appendices here). By 2026, DoD...more

New CFIUS Rules – Eight Key Points

The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide