Joseph Benkert on CFIUS

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New...more

11/12/2019 / Bid Protests , CFIUS , Cybersecurity , Data Breach , Data Rights , Department of Defense (DOD) , Export Controls , False Claims Act (FCA) , Intellectual Property Protection , SCOTUS

Foreign Investment 2020 (Part 3): CFIUS Spotlight on “TID” U.S. Businesses

This is the third in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more

10/16/2019 / CFIUS , Critical Infrastructure Sectors , Export Controls , FIRRMA , Foreign Investment , National Security , U.S. Treasury

Commerce Adds 28 Chinese Organizations to the Entity List for Associations with Human Rights Violations and Abuses

The U.S. Department of Commerce (“Commerce”) has added 28 Chinese organizations to the Bureau of Industry and Security (BIS) Entity List, a move that effectively cuts off these entities from directly or indirectly acquiring...more

10/9/2019 / Bureau of Industry and Security (BIS) , CFIUS , Economic Sanctions , Export Administration Regulations (EAR) , Export Controls , National Security , U.S. Commerce Department

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations (Chinese Edition)

After more than a year of anticipation, the U.S. Department of the Treasury (“Treasury”) has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations...more

10/8/2019 / CFIUS , FIRRMA , Foreign Investment , National Security , Proposed Regulation , Real Estate Transactions , U.S. Treasury

Foreign Investment 2020 (Part 2): Proposed Regulations Would Expand CFIUS Review of Real Estate Transactions, Provide More...

This is the second in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more

10/1/2019 / CFIUS , Economic Sanctions , Export Controls , FIRRMA , Foreign Investment , National Security , Real Estate Transactions

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations

After more than a year of anticipation, the U.S. Department of the Treasury (“Treasury”) has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations...more

9/25/2019 / CFIUS , FIRRMA , Foreign Investment , National Security , Proposed Regulation , Real Estate Transactions , U.S. Treasury

Commerce Issues Narrow License for Certain Transactions with Huawei

An Attempt to Limit the Strain on the Telecom Sector, but Broad Prohibition on Exports Remains - The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general licenseexempting a set...more

5/23/2019 / Bureau of Industry and Security (BIS) , CFIUS , Export Administration Regulations (EAR) , Export Controls , Exports , Huawei , National Security , Telecommunications , U.S. Commerce Department

Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei From U.S. Technology, With More Restrictions Coming

The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Entity List,” a move that effectively cuts off Huawei from directly...more

5/17/2019 / Bureau of Industry and Security (BIS) , CFIUS , China , Huawei , Telecommunications , U.S. Commerce Department

The CLOUD Act One Year Later: DOJ White Paper Aims to Promote Greater Understanding of the Act's Purpose and Impact

Since it was enacted in March 2018, the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) has been controversial with privacy advocates in the United States and the subject of sustained criticism by the European...more

4/17/2019 / CFIUS , CLOUD Act , Cloud Service Providers (CSPs) , Department of Justice (DOJ) , Economic Sanctions , Export Controls , Mutual Legal Assistance Treaties (MLAT) , National Security

CFIUS Means Business, Unwinding Non-Notified Transactions and Penalizing Non-Compliance with Mitigation Agreements

The Committee on Foreign Investment in the United States (CFIUS) has proven in recent weeks that it is an increasingly powerful force that foreign investors and U.S. businesses alike ignore at their peril. While many paid...more

4/16/2019 / CFIUS , Corporate Counsel , Export Controls , FIRRMA , Foreign Investment , National Security

CFIUS and Technology Export Control Reform: US Department of Commerce seeks comments on the list of “emerging and basic...

The US Export Control Reform Act of 2018 (ECRA) requires the US Department of Commerce's Bureau of Industrial Security (BIS) to develop a corresponding list of “emerging and basic technologies”. To this end, BIS issued the...more

11/27/2018 / Advanced Notice of Proposed Rulemaking (ANPRM) , Bureau of Industry and Security (BIS) , CFIUS , China , Export Control Reform Act (ECRA) , Foreign Investment

Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies”...more

11/21/2018 / Advanced Notice of Proposed Rulemaking (ANPRM) , Bureau of Industry and Security (BIS) , CFIUS , Export Controls , Investment , National Security

New CFIUS Pilot Program: What Life Sciences Companies and Investors Need to Know (Chinese Version)

As many life sciences companies and investors are aware, the U.S. Department of the Treasury (“Treasury”) recently announced a new “pilot program” for the Committee on Foreign Investment in the United States (“CFIUS”)...more

11/13/2018 / CFIUS , China , FIRRMA , Investors , Life Sciences , U.S. Treasury

Joseph Benkert

Morrison & Foerster LLP

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