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Treasury releases proposed Outbound Investment Security Program rules

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

National Security Act of 2024 extends statute of limitations for sanctions violations to 10 years

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

The long-awaited US outbound investment program - what’s proposed and what’s the scope and effect

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

The recently enacted 2023 National Defense Authorization Act adopts federal procurement restrictions for certain covered Chinese...

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

Commerce Department offers guidance on new controls on US person activities supporting the development or production of integrated...

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

Sanctions on polysilicon from Xinjiang threaten solar panel supply chains

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

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

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

Xiaomi wins preliminary injunction enjoining enforcement of Trump-era securities trading ban

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

US targets China’s National Offshore Oil Corporation with export sanctions

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

US maximizes sanctions pressure on China with “Entity Listing” of 59 Chinese entities

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

Congress passes bipartisan legislation requiring Chinese and other firms listed on US exchanges to meet US audit standards

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

Late-stage Trump Administration action bans transactions in publicly traded securities of Chinese military companies

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

Yet another federal procurement ban on Huawei and certain other Chinese telecom equipment and services

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

US government targets tech giant Huawei in China trade war

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

The Foreign Investment Risk Review Modernization Act of 2018—stepping up national security reviews of foreign acquisitions

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

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