On April 16, 2025, the Department of Commerce announced that it initiated an investigation on April 1, 2025, under Section 232 of the Trade Expansion Act, into imports of semiconductors, semiconductor manufacturing equipment...more
4/17/2025
/ Bureau of Industry and Security (BIS) ,
Customs ,
Foreign Trade Regulations ,
Imports ,
Investigations ,
National Security ,
Regulatory Requirements ,
Section 232 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Technology Sector ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
WTO
On February 1, 2025, President Trump issued three executive orders imposing tariffs on nearly all imports from Canada, Mexico, and China. However, on February 3, the President said on social media that the tariffs on Canada...more
2/6/2025
/ Canada ,
China ,
Customs and Border Protection ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
National Security ,
Section 301 ,
Tariffs ,
Trump Administration
Tariffs remain the focus of the incoming Trump Administration. Over the past several months, the announcements from president-elect Trump and his transition team have been dynamic. We expect the Trump trade policy team to use...more
1/15/2025
/ China ,
Importers ,
Imports ,
National Security ,
Section 232 ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations.
The rule arrives a little over a year after Executive Order 14105,...more
10/31/2024
/ Artificial Intelligence ,
CFIUS ,
Enforcement ,
Final Rules ,
Financial Institutions ,
International Emergency Economic Powers Act (IEEPA) ,
Investment ,
National Security ,
New Regulations ,
Outbound Transactions ,
SAFE ,
Semiconductors ,
Technology Sector ,
U.S. Treasury ,
Voluntary Disclosure
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/14/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector
The Moving Target -
We have been writing since last July about the proposed outbound investment measures that would review and possibly deny proposed outbound investments from the United States to China. Rumors swirled...more
As we close out a wild year for international trade regulation, after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops...more
12/21/2022
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Relations ,
International Trade ,
Investment ,
Investors ,
National Security ,
NDAA ,
Proposed Legislation ,
Technology ,
U.S. Treasury
The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more
1/29/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Cross-Border Transactions ,
Encryption ,
Exceptions ,
Exports ,
Federal Pilot Programs ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment Funds ,
National Security ,
Private Equity ,
Proposed Regulation ,
Real Estate Transactions ,
Software ,
Technology ,
Technology Sector ,
UK
The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all...more
12/19/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
• You may submit comments on the criteria the U.S. government will use to determine what technologies...more
12/11/2018
/ Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Nationals ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector
Key Takeaways:
• Emerging technology sectors will soon be subject to new export controls.
• Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more
11/19/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Nationals ,
Mergers ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
A double agent. Nerve gas. Violations of international law. The recently imposed sanctions on Russia have all the makings of a James Bond movie but, unfortunately, those sanctions may cause some less-than-entertaining...more
9/21/2018
/ CBW Act ,
Chemical Weapons ,
Commerce Control List ,
Economic Sanctions ,
End-Users ,
Exports ,
Foreign Assistance Programs ,
Licensing Rules ,
National Security ,
Russia ,
State-Owned Enterprises ,
Subsidiaries ,
US Department of State
In what has become his trademark Trumpian manner, the President announced last Friday that new tariffs and trade restrictions against China are on again, at the same moment that his senior Commerce and Treasury Department...more
6/8/2018
/ Acquisitions ,
Arms Embargo ,
CFIUS ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Investment ,
Imports ,
ITAR ,
National Security ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more
12/14/2017
/ CFIUS ,
China ,
Cybersecurity ,
Data Security ,
Foreign Direct Investment ,
Foreign Investment ,
Joint Venture ,
National Security ,
Personal Data ,
Popular ,
Proposed Legislation ,
Real Estate Transactions