On June 21, 2024, the US Department of the Treasury (Treasury) released proposed new federal regulations (Proposed Rules) that, if implemented, would prohibit or require notification of a broad range of outbound investment...more
7/9/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
China ,
Covered Person ,
Covered Transactions ,
Data Privacy ,
Data Security ,
Foreign Persons ,
Information Technology ,
Investment ,
National Security ,
Popular ,
Prohibited Transactions ,
Proposed Regulation ,
Regulatory Agenda ,
U.S. Treasury
The measure also harmonizes Russia sanctions rules with allies, and intensifies penalties against Iran -
The National Security Act, 2024 (Pub. L No 118-50) was enacted on April 24, 2024. In addition to the Act’s provisions...more
4/29/2024
/ China ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Iran ,
National Security ,
Regulatory Agenda ,
Regulatory Reform ,
Russia ,
Sanction Violations ,
Statute of Limitations ,
Trade Policy ,
UK
After months of deliberation, on August 9, 2023, President Biden issued the executive order “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (Order), with...more
Amid the 4,000 pages of provisions in the recently enacted Fiscal Year 2023 National Defense Authorization Act (NDAA) are prohibitions and associated requirements relating to the federal procurement of certain Chinese...more
1/3/2023
/ China ,
Covered Entities ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
National Security ,
NDAA ,
Procurement Guidelines ,
Semiconductors ,
Telecommunications
Recently, the US Department of Commerce Bureau of Industry and Security (BIS) issued an interim final rule imposing additional export controls on certain advanced computing and semiconductor manufacturing items and for...more
11/4/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
Military End Use ,
National Security ,
Technology Sector ,
U.S. Commerce Department
In 2019, the US imposed sanctions against China in reaction to “serious human rights abuse against ethnic minorities in Xinjiang...” The sanctions followed reports of mass arbitrary detention and severe physical abuse, among...more
6/16/2021
/ Biden Administration ,
China ,
Economic Sanctions ,
Exports ,
Forced Labor ,
Human Rights ,
Office of Foreign Assets Control (OFAC) ,
Rare Earth Metals ,
SDN List ,
Slavery ,
Solar Panels ,
Supply Chain
On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more
6/7/2021
/ Biden Administration ,
China ,
Department of Defense (DOD) ,
Exemptions ,
Foreign Investment ,
Human Rights ,
Military End Use ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
SDN List ,
Technology Sector ,
Telecommunications ,
U.S. Treasury
Xiaomi Corporation (Xiaomi), one of the world’s largest smartphone manufacturers, won a preliminary injunction from the DC District Court on March 12, 2021 that enjoined the US government from enforcing a Trump-era rule that...more
In the latest of a series of measures targeting China before this week’s transition of administrations, on January 14, 2021, the Trump Administration added China National Offshore Oil Corporation Ltd. (CNOOC) to the US...more
In a parting move to maximize sanctions pressure on China, on December 18, 2020, the Trump Administration added 59 Chinese entities to the United States (US) Commerce Department “Entity List,” imposing comprehensive controls...more
In near lightning speed, Congress now has passed, and the President is expected to imminently sign into law, the Holding Foreign Companies Accountable Act (HFCAA), a bipartisan piece of legislation that, while applicable more...more
12/4/2020
/ Audits ,
China ,
Controlled Foreign Corporations ,
Corporate Governance ,
Delisting ,
Foreign Jurisdictions ,
Investors ,
Listing Standards ,
New Legislation ,
PCAOB ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Stock Exchange
On November 12, 2020, President Trump issued an executive order (Order) that effectively prohibits US persons from transacting in publicly traded securities of Chinese firms determined by the US government to be owned or...more
The US Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (together, federal agencies) issued earlier this week a long awaited set of interim...more
7/16/2020
/ China ,
Department of Defense (DOD) ,
Federal Contractors ,
Huawei ,
Interim Rule ,
NASA ,
National Security ,
NDAA ,
Public Procurement Policies ,
Supply Chain ,
Telecommunications ,
ZTE
Consistent with the ongoing United States (US) strategy of limiting engagement with China in the high-tech sector (especially telecommunications) on national security grounds, the US Department of Commerce’s Bureau of...more
6/3/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Huawei ,
Licensing Rules ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the President signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more
8/14/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department