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
For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more
12/6/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
General Licenses ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Semiconductors
On October 27, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced at the bottom of their FAQ page a 90-day pause, effective immediately, on the issuance of export licenses for firearms,...more
On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data...more
The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more
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
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NDAA ,
Outbound Transactions ,
Semiconductors ,
U.S. Treasury
On May 31, 2023, the U.S. Department of the Treasury's Internal Revenue Service (IRS) released additional guidance on the implementation and administration of Internal Revenue Code §48C—The Qualifying Advanced Energy Project...more
On May 19, 2023, the Biden Administration, in coordination with leaders of the Group of Seven (G7), announced new sanctions and restrictions on 300 individuals, entities, vessels, and aircraft tied to Russia following the G7...more
5/25/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
U.S. Commerce Department
On May 8, 2023, federal agents from the Federal Bureau of Investigation (FBI) assisted the Department of Homeland Security (DHS) in executing a search warrant at JinkoSolar’s solar panel manufacturing plant in Jacksonville,...more
5/11/2023
/ Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
FBI ,
Forced Labor ,
Popular ,
Search Warrant ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more
5/8/2023
/ Agricultural Sector ,
CFIUS ,
China ,
Department of Defense (DOD) ,
FIRRMA ,
Jurisdiction ,
National Security ,
Proposed Rules ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
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
On February 24, 2023, the Biden Administration, in coordination with leaders of the Group of Seven (G7), announced a new round of economic measures primarily targeting the Russian Federation on the one-year mark of Russia’s...more
3/2/2023
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Supply Chain ,
Tariffs ,
Ukraine
On February 28, 2023, the Department of Commerce (DOC) announced the first round of manufacturing incentives related to the CHIPS and Science Act. Passed by Congress in August 2022, the CHIPS Act provides $39 billion in...more
Please join us for the inaugural episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more
2/15/2023
/ Biden Administration ,
Bridges ,
Broadband ,
Clean Energy ,
Continuing Legal Education ,
Critical Infrastructure Sectors ,
Deadlines ,
Energy Sector ,
Funding Opportunities ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Financing ,
Manufacturers ,
Power Infrastructure ,
Public Transit ,
Research and Development ,
Roads ,
Semiconductors ,
Technology Sector ,
Transportation Industry ,
Water ,
Webinars
On February 10, 2023, the Committee on Foreign Investment in the United States (CFIUS or the Committee) announced determinations that the United Kingdom (UK) and New Zealand have met the requisite criteria for remaining...more
On December 29, 2022, President Biden signed into law an omnibus government spending package, which includes explanatory statements regarding outbound investment initiatives. According to media reports and official statements...more
On December 21, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), in consultation with the U.S. Department of State, published two final rules amending its regulations to add or update...more
On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year (FY) 2023 (NDAA or Act), which President Biden is expected to sign into law soon. The NDAA contains numerous...more
On December 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it is adding 36 primarily Chinese entities, including Chinese memory chip maker Yangtze Memory Technologies and...more
WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more
In our follow-up webinar, please join our speakers as they give updates on the growing China-Taiwan tensions and discuss how global businesses and other stakeholders can best prepare for the challenges that lie ahead....more
On October 20, 2022, the Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines)....more
10/24/2022
/ CFIUS ,
China ,
Compliance ,
Defense Production Act ,
Enforcement Actions ,
Failure-to-File ,
Foreign Investment ,
Motion for Reconsideration ,
Negligence ,
Self-Disclosure Requirements ,
Third-Party ,
TikTok
On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a series of long-awaited regulations – issued as an interim final rule – amending the Export Administration Regulations...more
10/17/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Popular ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
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
9/20/2022
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cyber Threats ,
Executive Orders ,
Foreign Investment ,
Foreign Nationals ,
Manufacturers ,
National Security ,
Sensitive Business Information ,
Supply Chain ,
Technology
On September 14, 2022, the European Commission (EC) issued a proposal that would ban products made with forced labor across EU markets. The proposed ban would apply both to imports and exports and includes plans for removing...more
9/16/2022
/ China ,
Enforcement ,
European Commission ,
European Parliament ,
Export Bans ,
Exports ,
Forced Labor ,
Imports ,
Investigations ,
Member State ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
WTO