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
The International Investment and Trade in Services Survey Act ("IITSSA"), 22 USC § 3101 requires the Bureau of Economic Analysis (“BEA”) within the U.S. Department of Commerce to conduct a national survey of foreign direct...more
3/28/2023
/ BEA ,
Benchmarks ,
Bureau of Economic Analysis ,
Corporate Counsel ,
Filing Deadlines ,
Foreign Direct Investment ,
Foreign Investment ,
Reporting Requirements ,
Required Forms ,
Surveys ,
U.S. Commerce Department
On February 24, the U.S. Government issued a series of tariff and sanctions related announcements to coincide with the anniversary of Russia's invasion of Ukraine. The White House issued a proclamation1 (“Proclamation”) to...more
Ongoing tensions between the United States and China have resulted in an expansion of U.S. export controls and trade sanctions against China. The Biden Administration’s October 2022 National Security Strategy (“2022 NSS”)...more
2/17/2023
/ Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Economic Sanctions ,
Embargo ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Popular ,
Russia ,
Technology ,
Trade Relations
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more
1/23/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Corporate Counsel ,
Economic Sanctions ,
Export-Import Bank of the US ,
Foreign Entities ,
Foreign Persons ,
Intellectual Property Protection ,
International Trade ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Theft ,
Trade Secrets ,
U.S. Commerce Department ,
USPTO
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 April 21, 2022, President Biden further expanded U.S. sanctions against Russia due to its invasion of Ukraine by issuing a new Presidential Proclamation 10371 (“Proclamation 10371”) to bar all Russian-affiliated vessels...more
4/26/2022
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Liquid Natural Gas ,
Magnuson-Moss Act ,
Most-Favored Nations ,
Oil & Gas ,
Ports ,
Presidential Proclamations ,
Russia ,
Tariffs ,
Vessels
On April 6, 2022, the U.S. Government announced its latest round of sanctions against the Russian Federation in coordination with the European Union (“EU”) and other allies. President Biden issued Executive Order 14071 (“EO...more
4/11/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trade Restrictions ,
Ukraine
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
The Biden Administration last week substantially modified restrictions on U.S. person investments in certain Chinese companies, focusing those new restrictions particularly on entities with ties to the Chinese defense or...more
6/11/2021
/ Biden Administration ,
China ,
Department of Defense (DOD) ,
Executive Orders ,
Military End Use ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
SDN List ,
Surveillance ,
Technology Sector ,
Trump Administration
Effective June 1, 2021, the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) published new Burmese Sanctions Regulations (“BSR”) that implement President Biden’s February 10, 2021, Executive Order...more
6/7/2021
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Burma ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
George W Bush ,
ITAR ,
Myanmar ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
President Clinton
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 January 19, 2021, one day before the transition to the new Biden Administration, the U.S. Department of Commerce published its interim final regulations (“Regulations”) that will allow the United States to review, block,...more
3/26/2021
/ Biden Administration ,
CFIUS ,
China ,
Electronic Communications ,
Foreign Investment ,
Information Technology ,
Interim Final Rules (IFR) ,
Licensing Rules ,
Prohibited Transactions ,
Technology ,
U.S. Commerce Department
The U.S. District Court for the District of Columbia last week ruled that certain securities trading restrictions will be prevented from going into effect with respect to Xiaomi Corporation (“Xiaomi”) under Section 1237 of...more
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