The Department of Commerce’s Bureau of Industry and Security released on January 13, 2025, an interim final rule to implement an export control framework for Artificial Intelligence Diffusion to protect U.S. national security...more
1/30/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Interim Final Rules (IFR) ,
Licensing Rules ,
National Security ,
Popular ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology Sector
The rule imposes substantial new diligence, reporting, cybersecurity, and auditing obligations on companies.
On December 27, 2024, the U.S. Department of Justice (“DOJ”) issued a final rule implementing Executive Order...more
1/8/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advisory Opinions ,
Biden Administration ,
Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Executive Orders ,
Final Rules ,
Foreign Entities ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Reporting Requirements ,
Risk Management ,
Sensitive Personal Information
The Proposed Rule imposes substantial new reporting, diligence, and compliance obligations for companies in the automotive supply chain -
On September 26, 2024, the U.S. Department of Commerce’s Bureau of Industry and...more
10/22/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advisory Opinions ,
Automation Systems ,
Automotive Industry ,
Biden Administration ,
Cannabis Products ,
China ,
Compliance ,
Driverless Cars ,
Due Diligence ,
Foreign Adversaries ,
General Authorization ,
Hardware ,
Importers ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Proposed Rules ,
Recordkeeping Requirements ,
Reporting Requirements ,
Russia ,
Software ,
Supply Chain
The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations.
On July 8, 2024, the U.S. Department of the Treasury...more
Regulations ultimately will implement a new program restricting certain investments related to China-
On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more
7/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Enforcement ,
Foreign Entities ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Investors ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Outbound Transactions ,
Proposed Rules ,
U.S. Treasury
Implications Related to the Doubling of the Statute of Limitations for Civil and Criminal Violations of Two Primary Sanctions Authorities -
SUMMARY -
On April 24, 2024, President Biden signed into law a foreign military...more
5/8/2024
/ Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Sanction Violations ,
Self-Disclosure Requirements ,
Statute of Limitations ,
Trading with the Enemy Act ,
Voluntary Disclosure
On February 28, 2024, President Biden signed Executive Order (EO) 14117 titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” On March 5,...more
4/1/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
Biometric Information ,
Cyber Espionage ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Executive Orders ,
Geolocation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
National Security ,
PHI ,
Popular ,
Risk Assessment ,
Sensitive Personal Information ,
Social Security Act
The Biden Administration announced on February 29, 2024, that it is commencing an inquiry into whether the involvement of “foreign adversaries” in the information and communications technology and services (“ICTS”) supply...more
3/7/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Cybersecurity ,
Data Collection ,
Electric Vehicles ,
Inflation Reduction Act (IRA) ,
Investment ,
National Security ,
New Regulations ,
Popular ,
Tax Incentives ,
U.S. Commerce Department
Prohibitions targeted to prevent China’s exploitation of dual-use technology -
On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more
8/15/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Compliance ,
Covered Transactions ,
Debt Financing ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Joe Biden ,
National Security ,
Penalties ,
Policies and Procedures ,
Screening Procedures ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Companies need to be aware of filing requirements before taking foreign money -
On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more
3/15/2023
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enforcement ,
Executive Orders ,
FDIC ,
Filing Requirements ,
Foreign Entities ,
Foreign Investment ,
Investment ,
National Security ,
Popular
New program may prohibit some U.S. investments in China -
On March 3, 2023, the U.S. Departments of the Treasury (“Treasury”) and Commerce (“Commerce”) delivered to Congress separate confidential reports that confirm the...more
3/8/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
FIRRMA ,
Investment Adviser ,
Outbound Transactions ,
Popular ,
Semiconductors ,
U.S. Commerce Department ,
U.S. Treasury
Publication indicates a more robust enforcement posture -
On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more
11/2/2022
/ Aggravating Factors ,
CFIUS ,
Enforcement ,
Failure-to-File ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Good Faith ,
Investment ,
Material Misstatements ,
Mitigating Factors ,
Negligence ,
Omissions ,
Penalties ,
Remediation ,
Self-Disclosure Requirements ,
Subpoenas ,
Transparency ,
U.S. Treasury
Ensuring a responsive CFIUS in an evolving national security landscape -
On September 15, 2022, President Biden signed an Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the...more
9/20/2022
/ Artificial Intelligence ,
Biotechnology ,
CFIUS ,
Clean Energy ,
Climate Change ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Investment ,
Infrastructure ,
National Security ,
Supply Chain