Anyhow, on a possibly related note, on May 14, 2025, BIS announced that it will rescind the AI Diffusion Rule and that, until the time of the official recission, would not enforce the Biden-era regulation.
Stop-Gap Stopped...more
5/19/2025
/ AI Act ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
National Security ,
Popular ,
Regulatory Reform ,
Rulemaking Process ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more
The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more
4/24/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Corporate Counsel ,
Export Administration Regulations (EAR) ,
Export Controls ,
National Security ,
Regulatory Reform ,
Russia ,
Semiconductors ,
Technology Sector ,
Trump Administration ,
U.S. Commerce Department
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 December 2, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) issued a new set of regulations targeting semiconductors manufacturing equipment (SME) and high-bandwidth memory (HBM) chips. The updates...more
12/23/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Commerce Control List ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Manufacturers ,
National Security ,
Semiconductors ,
Technology Sector
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
You know who your friends are. You’ve known them for a long time, you understand one another, and, importantly, you trust each other.
Well, countries have friends too. Maybe country-friends have similar foreign and...more
10/30/2024
/ Australia ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Licensing Rules ,
NASA ,
Outer Space ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
Technology Sector ,
UK ,
USML
This week of September 16, Paris will play host to the biggest spectacle of the year (sorry, Olympics), the World Space Business Week. Attendees will come from around the world to discuss advancements in commercial space and...more
9/16/2024
/ AUKUS ,
Australia ,
Bureau of Industry and Security (BIS) ,
Department of Defense (DOD) ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Exports ,
Infrastructure ,
ITAR ,
Satellites ,
Technology Sector ,
UK
The EU plans to step up controls on its home grown technology. That is the short version.
The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...more
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
On Monday, February 13, 2023, the U.S. government will officially issue a stricter policy of denial for providing lower-tech items to Huawei.
Technological containment continues as the Netherlands and Japan move to impose...more
2/9/2023
/ Bureau of Industry and Security (BIS) ,
China ,
EU ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Direct Product Rule ,
Huawei ,
Japan ,
Licensing Rules ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more
On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more
9/3/2020
/ 3D Printing ,
Artificial Intelligence ,
CFIUS ,
China ,
Drones ,
Export Administration Regulations (EAR) ,
Export Controls ,
MInistry of Commerce ,
MOFCOM ,
National Security ,
Personal Data ,
Software ,
Technology ,
Technology Sector ,
TikTok
What is the next move in the China-U.S. trade war? Where does the U.S. currently stand, what changes in exports have been implemented since the beginning of the trade war, and how might the war impact the growth of the...more
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
On November 26, 2019, the U.S. Department of Commerce issued a proposed rule that could change how you procure IT goods and services.
The rule would allow the Commerce Department to review your company’s purchase of...more
12/19/2019
/ Comment Period ,
Critical Infrastructure Sectors ,
Foreign Adversaries ,
Goods or Services ,
Information and Communication Technology (ICT) ,
Information Technology ,
National Security ,
New Rules ,
Penalties ,
Public Comment ,
Secretary of Commerce ,
Technology Sector ,
U.S. Commerce Department
My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data?
This is a critical...more
11/13/2019
/ Board of Directors ,
CFIUS ,
Controlled Foreign Corporations ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Declaration ,
FIRRMA ,
Foreign Investment ,
Foreign Nationals ,
General Partner ,
Investment Funds ,
Investment Management ,
Investors ,
National Security ,
Personal Data ,
Proposed Rules ,
Technology Sector ,
Venture Capital
On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
On March 8, the U.S. government signaled regulatory changes that may create new opportunities for international collaboration on satellite development, global sales of satellite and launch equipment, and even sharing launch...more
3/20/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Departments of Commerce ,
Export Controls ,
Foreign Policy ,
ITAR ,
National Security ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Satellites ,
Technology Sector ,
US Department of State ,
US Munitions List
• 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
The U.S. House of Representatives passed a bill on Tuesday, July 10, expanding and increasing the powers of the Committee on Foreign Investment in the United States (CFIUS). The bill is called the Foreign Investment Risk...more
7/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
National Security ,
NATO ,
Pending Legislation ,
Technology Sector ,
Trump Administration
• CFIUS takes an unprecedented step to fend off a potential foreign acquisition
• The threat that China will eclipse the U.S. in telecommunications infrastructure and technology is central to U.S. national security
•...more
3/9/2018
/ 5G Network ,
Advisory Opinions ,
Board of Directors ,
Broadcom ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Mergers ,
National Security ,
Qualcomm ,
Smartphones ,
Stockholders' Meetings ,
Takeover Bids ,
Technology Sector ,
Telecommunications ,
US Trade Policies