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Recent Updates on Foreign Investment Restrictions and Export Controls Governing Semiconductors, Quantum Computing and Artificial...

Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...more

OMB Finalizes “Build America, Buy America” Domestic Content Guidance

The Build America, Buy America Act generally requires that non-federal government infrastructure projects that benefit from federal government funding impose requirements for the use of domestic iron and steel and...more

Ukraine Reconstruction: Opportunities and Legal Challenges for Businesses

Ukraine’s reconstruction efforts present myriad opportunities for foreign businesses particularly in the energy, construction and tech sectors. At the same time, it is imperative for foreign businesses to approach these...more

Unleashing the AI Imagination: A Global Overview of Generative AI Regulations

United States: The Administration and Congress are taking initial steps to produce legislation to regulate AI and using interim measures, such as the White House’s recently announced voluntary agreement with seven prominent...more

Long-Awaited Executive Order on Outbound Investment Issued: Regulatory Comment Process Commences in Advance of Implementation of...

On August 9, 2023, President Biden issued an Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. The new Executive Order (EO) is the...more

Exploring R&D Opportunities under the CHIPS Act

The CHIPS R&D Office is advancing innovation and creating opportunities across industry. $11 billion has been appropriated to the CHIPS Research and Development Office to advance research and development of semiconductor...more

All Eyes on China: Upcoming Restrictions on Outbound Investment

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

Unveiling the New European Economic Security Strategy

The EU’s new Joint Communication on a European Economic Security Strategy proposes a methodology for an EU economic security risk assessment and identifies measures to mitigate these risks. The Strategy is noteworthy because...more

New U.S. – UK Economic Partnership Declaration

On June 8, 2023, the United States and the United Kingdom announced the Atlantic Declaration for a Twenty-First Century U.S.-UK Economic Partnership (“Declaration”). The Declaration re-affirms the need to adapt and reimagine...more

Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants

The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks. The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more

Application Windows Opening for New Federal Funding

With more application windows for projects across the infrastructure, energy and technology sectors opening in the first three quarters of 2023, businesses should begin preparing now. Applicants must meet certain compliance...more

Additional Sanctions and Export Control Restrictions Imposed on One-Year Anniversary of Russia-Ukraine Conflict

On February 24, 2023, the one-year anniversary of the Russia-Ukraine conflict, the United States released extensive new measures designed to impose additional sanctions on Russia for its aggression against Ukraine. These new...more

Russia Sanctions Year in Review: Impact on Aviation Sector

This post marks the third entry in our Year-in-Review series. For prior posts, click here. Many of the first measures that the United States, European Union and United Kingdom collectively took against Russia in 2022 related...more

Russia Sanctions Year in Review: Impact on Energy Sector

This post marks the second entry in our Year-in-Review series. For prior posts, click here. Few sectors have been more affected by the sanctions on Russia than the energy industry....more

Russia Sanctions Year in Review: Impact on Financial Services Sector

On February 24, 2022, the United States (U.S.), European Union (EU), United Kingdom (UK), and other countries issued a barrage of sanctions against the Russian financial sector, cutting off many major banks from the global...more

Biden Administration Emphasizes CFIUS Enforcement and Key National Security Risks

The US Department of Treasury recently released Enforcement and Penalty Guidelines (“Guidelines”) that outline conduct violating the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) regulations....more

Preparing for the Oil Price Cap: What We Know So Far

Various reports indicate that the Group of Seven nations (G7) will announce its initial capped price for Russian-origin crude oil transported by maritime means (“seaborne”) this week. The cap will come into effect on December...more

11/28/2022  /  Crude Oil , Economic Sanctions , G7 , Oil & Gas , Russia

The Infrastructure and Investment Jobs Act (IIJA): An Anniversary Report

On the one-year anniversary of its signing, the implementation of the IIJA remains a heavy lift for the federal agencies charged with carrying out its requirements. Key Notices of Funding Opportunity (NOFOs) have been...more

U.S. Commerce Department Imposes Sweeping China-Related Export Controls on Advanced Computing and Semiconductor Manufacturing...

On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the “Rule”) imposing sweeping new export controls targeting certain advanced computing integrated...more

Navigating Russia Sanctions: Strategies for Companies to Mitigate Supply Chain Risks

In response to Russia’s invasion of Ukraine, and Belarus’s role in enabling this attack, the United States and global allies have imposed sweeping sanctions and export control restrictions on both Russia and Belarus. These...more

Additional Russian Measures Affecting International Investors and Cross-Border Trade

Russian government approval is now required for Western companies to exit LLCs, which complicates and will likely delay exit strategies. High-profile projects and industries, such as Sakhalin-2, continue to be targeted by...more

Historic $280 Billion Investment in Domestic Semiconductor Manufacturing and STEM Research and Development to Be Signed into Law

The legislation is the result of months of negotiations between Congressional Democrats and Republicans to support domestic semiconductor manufacturing and related research and workforce development efforts. The topline...more

State Department Issues Two Open General Licenses Authorizing Reexports and Retransfers of Certain Defense Articles for Australia,...

On July 13, 2022, as part of a new pilot program, the Department of State’s Directorate of Defense Trade Controls (“DDTC”) issued two open general licenses (“OGLs”) permitting certain reexports and retransfers of unclassified...more

Russian Response to Western Sanctions: Navigating Measures Designed to Support the Russian Economy and Protect Russian Companies

The Russian government’s response to the introduction of Western sanctions has primarily focused on efforts to support and stabilize the Russian currency and economy. In certain instances, the Russian government has...more

Overview of the Proposed “Reverse CFIUS” Process via the National Critical Capabilities Defense Act of 2022

On June 12, 2022, a bipartisan group of Senate and House lawmakers announced agreement on a new draft of the National Critical Capabilities Defense Act of 2022 (NCCDA), which would establish an expansive outbound review...more

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