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The Bitter and the Sweet: Expanded CFIUS Authorities over Foreign Investment in U.S. Businesses

On January 17, 2020, the U.S. Department of the Treasury published long-awaited regulations that substantially implement the balance of new authorities under which the Committee on Foreign Investment in the United States...more

CFIUS Rules Would Expand Jurisdiction Over Investments Related to Technology, Infrastructure, Personal Data, and Real Estate

On September 17, 2019, the U.S. Department of the Treasury unveiled proposed regulations that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to cover certain real estate...more

Huawei Temporary General License Modified, Extended 90 Days, And 46 Additional Huawei Entities Designated

On May 20, 2019, the Commerce Department’s Bureau of Industry and Security (BIS) placed Huawei Technologies Co. Ltd. and 68 non-U.S. Huawei affiliates (collectively, “Huawei”) on the Entity List, which barred the export,...more

U.S. Government to Define “Emerging Technologies,” Impacting CFIUS and Export Controls

On November 19, 2018, the Department of Commerce published an Advanced Notice of Proposed Rulemaking (ANPR) seeking public comment on how to identify certain “emerging technologies” that are essential to U.S. national...more

Treasury Department Imposes Mandatory Filing Requirement on Parties to Certain Foreign Investments in U.S. Critical Technology...

On Wednesday, October 10, 2018, the Department of the Treasury exercised its authority under the recently passed Foreign Investment Risk Review Modernization Act (FIRRMA) to implement a Pilot Program that expands the...more

Five Ways CFIUS Reform Law Will Impact Foreign Investment in the United States

New legislation addressing foreign investment in the United States is expected to become law in the next several weeks. The Foreign Investment Risk Review Modernization Act (FIRRMA) promises important changes to the powers...more

President Trump Pulls the U.S. From the Iran Nuclear Deal

The Trump administration is withdrawing the United States from the Joint Comprehensive Plan of Action (JCPOA), the nuclear deal between Iran and the U.S., China, France, Russia, the UK, Germany and the EU. Sanctions that had...more

U.S. Imposes Blanket Denial of Exports to Chinese Telecom Giant ZTE

On Monday, April 16, 2018, the U.S. Department of Commerce’s Bureau of Industry and Security imposed a blanket denial of virtually all exports from the United States to Chinese telecom giant ZTE....more

President Trump Blocks Broadcom’s Bid to Take Over Qualcomm Upon Recommendation From CFIUS

On March 12, 2018, President Donald Trump issued an Executive Order blocking the proposed $117 billion takeover of Delaware corporation Qualcomm by Singapore chipmaker Broadcom due to national security concerns. The action...more

OFAC Issues Statement On Venezuelan Digital Currency

On Friday, the Office of Foreign Assets Control (OFAC) issued FAQ 551 stating that U.S. persons who deal in the prospective Venezuelan digital currency (the “Petro”) may be exposed to U.S. sanctions risk under Executive Order...more

Sudan Sanctions Lifted

Effective October 12, 2017, U.S. sanctions against Sudan have been lifted. U.S. persons are no longer prohibited from engaging in most transactions involving Sudan and the government of Sudan....more

New U.S. Sanctions on Government of Venezuela Affect Debt, Equity and Other Transactions by U.S. Persons or within the United...

Alleging that Venezuelan President Nicolas Maduro is corruptly selling off state assets at below value to enrich persons supporting his regime, and in order to deprive it of hard currency, the United States has imposed new...more

United States to Lift Sanctions Against Sudan

On January 13, 2017, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued a Final Rule, announcing that it would amend the Sudanese Sanctions Regulations to authorize all transactions previously...more

Important Changes to Export Administration Regulations Affecting Software Industry

On September 20, 2016, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule, revising 58 Export Classification Control Numbers (ECCNs), adding two ECCNs, and updating technical definitions in...more

U.S. Commerce Department Expected to Temporarily Lift Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On March 8, 2016, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and affiliates Beijing 8-Star International Co. and ZTE...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

U.S. Government Licenses Certain Iran-Related Transactions Conducted by Foreign Subsidiaries of U.S. Companies

On January 16, 2016, the International Atomic Energy Agency verified that Iran had carried out its nuclear commitments under the Joint Comprehensive Plan of Action (“JCPOA”), triggering reciprocal obligations by the United...more

Supreme Court Hears Trademark Cases on the Preclusive Effect of TTAB Decisions and the Tacking Doctrine

In its October 2014 term, the U.S. Supreme Court heard oral argument in two trademark cases. Both cases have practical significance for trademark litigants because they have the potential to change the way parties approach...more

Software Companies Now on Notice That Encryption Exports May Be Treated More Seriously: $750,000 Fine Against Intel Subsidiary

The Bureau of Industry and Security (BIS) recently issued a $750,000 fine against an Intel subsidiary for the unlawful exportation of software products that enable encryption. This is a sharp departure from BIS’s historical...more

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