Not long after announcing new global “reciprocal” tariffs on imports from around the world at the beginning of April 2025, which we previously reported in a recent eUpdate, President Trump began modifying that tariff action....more
4/28/2025
/ China ,
Court of International Trade ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
National Security ,
Popular ,
Section 232 ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trump Administration ,
USTR
In a Press Release issued April 11, 2025, the U.S. Department of Justice (“DOJ”) indicated that it would prioritize “facilitating compliance” over civil enforcement actions for the first 90 days of its new US-China data...more
4/15/2025
/ China ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Final Rules ,
International Data Transfers ,
National Security ,
New Guidance ,
Personal Data ,
Sensitive Personal Information
Upon being sworn in on February 5, 2025, Attorney General Pamela Bondi immediately issued memoranda reorienting national security enforcement resources of the U.S. Department of Justice (“DOJ”) to focus on addressing illegal...more
2/21/2025
/ Criminal Prosecution ,
Department of Justice (DOJ) ,
Drug Trafficking ,
Economic Sanctions ,
Export Controls ,
Foreign Agents Registration Act (FARA) ,
Immigration Reform ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
National Security ,
Office of Foreign Assets Control (OFAC)
On February 10, 2025, President Trump issued two proclamations (collectively, the “Proclamations”) that increase tariffs on imports of aluminum products from 10% to 25%, maintain 25% tariffs on imports of steel products, and...more
2/14/2025
/ Aluminum Sales ,
Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Imports ,
International Trade ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
On Saturday, February 1, 2025, the Trump Administration initially announced U.S. import tariffs on Canadian, Chinese, and Mexican origin products. These tariffs would have subjected many Canadian and Mexican origin products...more
2/7/2025
/ Canada ,
China ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Wars ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The U.S. Department of Justice (“DOJ”) published its final rule (“Final Rule”) on January 8, 2025, that will prohibit or restrict transfer of certain data of U.S. persons to countries of concern, including to China. The Final...more
1/15/2025
/ China ,
Compliance ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Executive Orders ,
Final Rules ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
Sensitive Personal Information
On January 3, President Biden issued the Order Regarding the Proposed Acquisition of United States Steel Corporation by Nippon Steel Corporation (the “Order”)....more
1/8/2025
/ Biden Administration ,
CFIUS ,
Defense Production Act ,
Enforcement Actions ,
Executive Orders ,
Foreign Investment ,
Foreign Policy ,
International Trade ,
Japan ,
Mergers ,
National Security
On December 2, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) adopted yet another round of amendments to the Export Administration Regulations (“EAR”) to curb advances by the People’s Republic...more
On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more
9/13/2024
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Technology Sector ,
U.S. Commerce Department
The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more
7/19/2024
/ Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NPRM ,
Outbound Transactions ,
Popular ,
Proposed Rules ,
Technology ,
Technology Sector ,
U.S. Treasury
As the February 2022 Russian invasion of neighboring Ukraine approaches its second anniversary and as Russia has increasingly turned to covert relationships with third country providers to avoid U.S., European Union and other...more
2/6/2024
/ Banking Sector ,
CAPTA List ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia
According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more
9/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Department of Defense (DOD) ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Federal Funding ,
Foreign Entities ,
Foreign Policy ,
National Security ,
Popular ,
Research and Development ,
Russia ,
Scientific Research ,
SDN List ,
State-Owned Enterprises ,
Universities
As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more
On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Civil Monetary Penalty ,
Economic Sanctions ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Public Comment ,
Regulatory Agenda ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”)....more
Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023. The law directs the Department of the Treasury, in coordination with the Department of Commerce and other Federal partners, “to...more
4/4/2023
/ Biden Administration ,
CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Executive Orders ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Russia ,
U.S. Commerce Department ,
U.S. Treasury
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in...more
The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more
8/11/2022
/ Annual Reports ,
CFIUS ,
China ,
Compliance ,
Corporate Counsel ,
Defense Production Act ,
FIRRMA ,
Foreign Investment ,
Government Investigations ,
National Security ,
Notice Requirements ,
Risk Mitigation
On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more
11/4/2021
/ Acquisitions ,
Agribusiness ,
Beverage Manufacturers ,
CFIUS ,
Cross-Border ,
Cross-Border Transactions ,
Cyber Attacks ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Foreign Investment ,
Mergers ,
National Security ,
Popular ,
Proposed Legislation ,
Supply Chain ,
Technology ,
U.S. Treasury ,
USDA
On April 8, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added seven Chinese supercomputer firms and organizations to its Entity List, the agency’s principal export sanctions list. BIS alleges...more
4/26/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Huawei ,
Human Rights ,
Imports ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
ZTE
On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more
11/20/2020
/ China ,
Corporate Counsel ,
Defense Sector ,
Department of Defense (DOD) ,
Divestment ,
Entity List ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Trump Administration ,
US Trade Policies