Key Points
- On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more
12/4/2019
/ CFIUS ,
Executive Orders ,
Foreign Acquisitions ,
Foreign Adversaries ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
• The U.S. Department of Treasury released proposed rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) on September 17, 2019. Among other measures, these rules would establish how the Committee...more
9/23/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
• The Department of Commerce has announced that it plans to eliminate License Exception CIV (civil end-users) from the Export Administration Regulations (EAR).
• Businesses who use or have considered using License...more
• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more
5/29/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Prohibited Transactions ,
Software ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
• On May 16, 2019, the U.S. Department of Commerce published a final rule adding Huawei and 68 other companies, mostly its non-U.S. affiliates worldwide, to the Entity List... The rule will be officially published in the...more
5/20/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Technology Sector ,
U.S. Commerce Department
• On May 15, 2019, President Trump issued a long-awaited E.O. designed to curtail the use of telecommunications items and services from certain countries and persons in U.S. networks. The E.O. does not impose immediate...more
5/16/2019
/ CFIUS ,
China ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Infrastructure ,
International Emergency Economic Powers Act (IEEPA) ,
Jurisdiction ,
National Security ,
New Regulations ,
Telecommunications ,
Trade Relations ,
Trump Administration
• The Commerce Department’s Bureau of Industry and Security (BIS) has added 50 entities to its Unverified List (UVL). Thirty-seven of the newly listed entities are in China. BIS also removed 10 entities from the list that had...more
• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more
11/20/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Filing Requirements ,
Foreign Investment ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
• On October 10, 2018, CFIUS announced a pilot program that implements significant provisions of FIRRMA. The program becomes effective November 10, 2018.
• Under the program, CFIUS jurisdiction will be expanded to cover...more
10/11/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Manufacturers ,
NAICS ,
National Security ,
Trump Administration
• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more
9/28/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Energy Sector ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Investors ,
Jurisdiction ,
Material Nonpublic Information ,
National Security ,
Oil & Gas ,
Personal Data ,
Real Estate Transactions ,
Renewable Energy ,
Reporting Requirements ,
Risk Mitigation ,
Safe Harbors ,
Trump Administration ,
Utilities Sector
• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more
9/12/2018
/ Arms Embargo ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Defense Sector ,
Economic Sanctions ,
Emerging Technology Companies ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Corporations ,
Foreign Investment ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
Licensing Rules ,
National Security ,
NDAA ,
New Legislation ,
Notice and Comment ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Regulatory Reform ,
Reporting Requirements ,
Secretary of State ,
Technology Sector ,
U.S. Commerce Department
CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more
8/13/2018
/ Annual Reports ,
Bankruptcy Court ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Data Security ,
Declaration ,
Emerging Technology Companies ,
Export Control Reform (ECR) ,
Export Controls ,
Federal Pilot Programs ,
Filing Deadlines ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Information Sharing ,
Investors ,
Judicial Review ,
Jurisdiction ,
Material Nonpublic Information ,
National Security ,
NDAA ,
New Legislation ,
Personally Identifiable Information ,
Reporting Requirements ,
Trump Administration ,
U.S. Commerce Department
Today, President Trump will sign the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This bill expands the purview of CFIUS, which will now have jurisdiction over real estate transactions near sensitive...more
• DDTC and BIS have published concurrent NOIs requesting public comments on the controls over the export and reexport of explosives, personal protective equipment, and military and intelligence electronics. (By volume and...more
2/15/2018
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Commerce Control List ,
Cross-Border ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Electronic Devices ,
Explosives ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
Foreign Policy ,
ITAR ,
National Security ,
Notice of Inquiry ,
Personal Protective Equipment ,
Professional Conferences ,
Public Comment ,
Software ,
Technology Sector ,
U.S. Commerce Department ,
US Munitions List
• The House and Senate proposed companion bills that would expand the scope of CFIUS review by broadening the definition of covered transactions to include certain minority investments and joint ventures, among other...more
11/13/2017
/ CFIUS ,
Covered Transactions ,
Declaration ,
Filing Fees ,
Foreign Investment ,
Inbound Investments ,
Joint Venture ,
National Security ,
Proposed Legislation ,
Reporting Requirements ,
Time Extensions ,
Trump Administration
• The Department for Business, Energy and Industrial Strategy published a Green Paper consulting on amendments to UK merger control and public interest intervention legislation to cover gaps in the current framework for...more
On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its annual report (“Report”) to Congress. One day later, CFIUS also released more limited data on foreign...more
9/27/2017
/ Acquisitions ,
Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Foreign Investment ,
Legislative Amendments ,
Mergers ,
Mitigation ,
National Security ,
Obama Administration ,
Trump Administration
• President Trump issued an order prohibiting the proposed $1.3 billion takeover of Lattice Semiconductor Corporation, a U.S. company, by Canyon Bridge Capital Partners, Inc., a private equity firm funded by Chinese...more
Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national...more
4/26/2017
/ Anti-Dumping Duty ,
Countervailing Duties ,
GATT ,
Imports ,
National Security ,
Presidential Memorandum ,
Section 232 ,
Statutory Authority ,
Steel Industry ,
Trade Expansion Act of 1962 ,
Trade Policy ,
Trade Remedies ,
Trump Administration ,
U.S. Commerce Department ,
Unfair Trade Practices Act ,
WTO