The U.S. Department of Energy, Office of the Under Secretary for Infrastructure (S3) (DOE) held a webinar and released a memorandum on May 24, 2024, that provided key updates and guidance regarding award negotiations for...more
5/31/2024
/ Administrative Procedure ,
Capital Improvements ,
Clean Energy ,
Climate Change ,
Community Development ,
Cost-Sharing ,
Data-Sharing ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Federal Funding ,
Inflation Reduction Act (IRA) ,
Intangible Property ,
New Guidance ,
Private Sector ,
Renewable Energy
The U.S. Department of Energy (DOE) recently released proposed guidance defining "foreign entity of concern" (FEOC) under the Infrastructure Investment and Jobs Act (IIJA). Among other reasons, this proposed guidance is...more
12/5/2023
/ Clean Car Standards ,
Comment Period ,
Controlled Foreign Corporations ,
Department of Energy (DOE) ,
Electric Vehicles ,
Foreign Entities ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Proposed Guidance ,
Tax Credits ,
U.S. Treasury ,
Zero-Emission Vehicles
The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more
8/14/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Outbound Transactions ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Following the release of energy community bonus credit and low-income community bonus credit guidance, the U.S. Department of the Treasury and IRS recently provided taxpayers with the domestic content bonus credit guidance....more
5/18/2023
/ Energy Sector ,
Energy Storage ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
IRS ,
Made in the USA ,
Manufacturers ,
Production Tax Credit ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Steel Industry ,
Tax Credits ,
U.S. Treasury ,
Wind Power
Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
The Biden Administration continues to place pressure on Russia, and on Feb. 24, 2023, marked the one-year anniversary of Russia's invasion of Ukraine with additional sanctions, export controls and tariffs. These new policies...more
3/6/2023
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Tariffs ,
Ukraine
In the past year, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS) and the U.S. Department of State's Directorate of...more
3/1/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Corporate Counsel ,
Directorate of Defense Trade Controls (DDTC) ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Statistics ,
Export Controls ,
Exports ,
International Trade ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...more
The U.S. Trade Representative (USTR) is accepting public comments through Jan. 17, 2023, on its four-year review of actions taken in the Section 301 investigation against China. Responses can be submitted through the USTR...more
President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more
12/27/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Department of Defense (DOD) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Iran ,
National Security ,
NDAA ,
North Korea ,
Popular ,
Prime Contractor ,
Russia ,
Safe Harbors ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
Waivers
Consistent with the Biden Administration's continued focus on the domestic microelectronics and semiconductor industry, the U.S. Department of Commerce's Bureau of Industry and Security (BIS), Office of Technology Evaluation...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more
8/24/2022
/ CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
International Trade ,
National Security
Are you looking to hire a star engineer who is a foreign national? Are you considering raising capital from a foreign venture capital firm or other foreign investor? Are you interested in sourcing components or creating...more
8/5/2022
/ CFIUS ,
China ,
Compliance ,
Due Diligence ,
Early Stage Companies ,
Economic Sanctions ,
EU ,
Exports ,
Foreign Investment ,
Imports ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Risk Management ,
Russia ,
SDN List ,
Strategic Planning ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies
The bipartisan Uyghur Forced Labor Prevention Act (UFLPA) went into effect on June 21, 2022. Moving forward, any goods mined, produced or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the...more
7/14/2022
/ Biden Administration ,
China ,
Customs and Border Protection ,
Enforcement ,
Entity List ,
Federal Agency Taskforce ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more
7/6/2022
/ Big Data ,
CFIUS ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Investment ,
National Intelligence Agencies ,
National Security ,
Risk Mitigation ,
U.S. Commerce Department ,
U.S. Treasury
U.S. Customs and Border Protection (CBP) released long-awaited Operational Guidance for Importers (Operational Guidance) on June 13, 2022, to assist importers in preparing for the implementation of the Uyghur Forced Labor...more
6/17/2022
/ Biden Administration ,
China ,
Compliance Dates ,
Customs and Border Protection ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
New Guidance ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on May 23, 2022, published in the Federal Register a proposed rule that would place unilateral export controls on four naturally occurring marine toxins...more
In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more
5/24/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
China ,
Export Controls ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Semiconductors ,
State-Owned Enterprises ,
UK
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC...more
5/3/2022
/ Biden Administration ,
China ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Metaverse ,
Popular ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Special Purpose Acquisition Companies (SPACs)
The Infrastructure Investment and Jobs Act (IIJA), which included the Build America, Buy America Act (the Act), was signed into law on Nov. 15, 2021, and created a deadline of May 14, 2022, for federal agencies to ensure...more
4/25/2022
/ Biden Administration ,
Build America Investment Initiative ,
Buy America ,
Federal Contractors ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
New Guidance ,
New Legislation ,
Public Procurement Policies ,
Public Projects ,
Waivers
The Office of the U.S. Trade Representative (USTR) reinstated 352 product exclusions applicable to certain Chinese-origin goods subject to Section 301 tariffs in a notice published on March 28, 2022. In so doing, USTR...more
The U.S. Department of Defense, General Services Administration and NASA, on March 7, 2022, published a final rule revising the Buy American Act (BAA) requirements applicable to federal procurements. The final rule is the...more
The U.S. Department of State published a proposed rule on Feb. 2, 2022, that suggests amendments to the International Traffic in Arms Regulations (ITAR). Though some changes are to correct internal inconsistencies and...more