On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/14/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
As we close out a wild year for international trade regulation, after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops...more
12/21/2022
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Relations ,
International Trade ,
Investment ,
Investors ,
National Security ,
NDAA ,
Proposed Legislation ,
Technology ,
U.S. Treasury
Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before...more
12/17/2020
/ Asia ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
National Security ,
Recovery Plans ,
Russia ,
Trump Administration ,
UK
We are celebrating our 100th episode of the Nota Bene podcast by welcoming back our very first guest on the show, Scott Maberry, to examine the shifts over the past three years away from the world economic order that has...more
The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more
1/29/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Cross-Border Transactions ,
Encryption ,
Exceptions ,
Exports ,
Federal Pilot Programs ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment Funds ,
National Security ,
Private Equity ,
Proposed Regulation ,
Real Estate Transactions ,
Software ,
Technology ,
Technology Sector ,
UK
In July, the U.S. Department of Education Notices of Investigation to four U.S. universities seeking information on the “Confucius Institutes” operating on their campuses. The investigations center on provisions of the Higher...more
On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
• You may submit comments on the criteria the U.S. government will use to determine what technologies...more
12/11/2018
/ Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Nationals ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector
Key Takeaways:
• Emerging technology sectors will soon be subject to new export controls.
• Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more
11/19/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Nationals ,
Mergers ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
We’ll give him this: President Trump has an ambitious trade agenda. This fire has many irons in it, and some of them are getting hot. Here at the Global Trade Law Blog, we’ve been following trade law for approximately 250...more
6/29/2018
/ Canada ,
CFIUS ,
China ,
Exports ,
FIRRMA ,
Foreign Direct Investment ,
Intellectual Property Protection ,
Investors ,
Iran Sanctions ,
Mexico ,
NAFTA ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Tariffs ,
Trump Administration
In what has become his trademark Trumpian manner, the President announced last Friday that new tariffs and trade restrictions against China are on again, at the same moment that his senior Commerce and Treasury Department...more
6/8/2018
/ Acquisitions ,
Arms Embargo ,
CFIUS ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Investment ,
Imports ,
ITAR ,
National Security ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
On April 3, 2018, President Trump’s U.S. Trade Representative released a list of 1300 categories of Chinese goods that will be subject to 25% tariffs. That followed a tit-for-tat exchange in which President Trump announced a...more
4/13/2018
/ Agricultural Sector ,
Aluminum Sales ,
Article I ,
Article II ,
Automotive Industry ,
China ,
Countervailing Duties ,
Imports ,
National Security ,
Steel Industry ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
US Trade Policies ,
WTO
If your company is a U.S. consumer of imported steel or aluminum, the new tariffs announced by President Trump on March 8, 2018 are bad news. The good news is that you can petition the government for exclusions of certain...more
3/15/2018
/ Aluminum Sales ,
Imports ,
Manufacturers ,
NAFTA ,
National Security ,
Steel Industry ,
Suppliers ,
Tariffs ,
Tax Exemptions ,
Tax Rates ,
Trade Expansion Act of 1962 ,
Trade Restrictions ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
The other day I spoke to a colleague at the U.S. Department of the Treasury who works in the Office of Investment Security and said, “I heard CFIUS filings were going to break last year’s record total.” He just laughed. He...more
U.S. economic sanctions, by their nature, often change without warning. Since sanctions reflect U.S. foreign and national security policy, they must evolve rapidly with world events. Often, it seems that when one door is...more