The Defense Counterintelligence and Security Agency (DCSA) published a press release on May 9, 2025, announcing an updated Standard Form 328 (SF-328), Certificate Pertaining to Foreign Interest. The updated form was approved...more
6/25/2025
/ Beneficial Owner ,
Defense Contracts ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Federal Contractors ,
FOCI ,
Foreign Affiliates ,
Foreign Ownership ,
Government Agencies ,
National Security ,
Press Releases ,
Reporting Requirements ,
Required Forms ,
Risk Management
Nippon Steel Corp. and United States Steel Corp. published a press release on June 18, 2025, announcing the finalization of their merger agreement, executed on Dec. 18, 2023. Following a review by the Committee on Foreign...more
In this episode of "Are We All Clear? Facilitating Security Clearances," host Marina O'Brien talks with Robert A. Friedman, co-head of Holland & Knight's International Trade practice and a leader of the firm's National...more
The U.S. Trade Representative (USTR) is seeking comments on the Trump Administration's "Fair and Reciprocal Plan" to assist it in identifying any unfair trade or non-reciprocal foreign trade practices. The deadline for...more
3/4/2025
/ America First Trade Policy ,
Antitrust Provisions ,
Comment Period ,
Imports ,
International Trade ,
National Security ,
Tariffs ,
Trade Deficit ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
President Donald Trump on Feb. 21, 2025, issued a National Security Presidential Memorandum (NSPM) titled "America First Investment Policy," outlining the administration's priorities regarding inbound and outbound...more
2/28/2025
/ America First Trade Policy ,
Artificial Intelligence ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Investment ,
National Security ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
President Donald Trump issued a memorandum on reciprocal trade and tariffs on Feb. 13, 2025, citing the economic and national security threat posed by the trade deficit, as outlined in the Jan. 20, 2025, America First Trade...more
2/20/2025
/ America First Trade Policy ,
Executive Orders ,
Export Controls ,
International Trade ,
National Security ,
Presidential Memorandum ,
Tariffs ,
Trade Deficit ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies ,
USTR
President Donald Trump signed an executive order (EO) pausing all future investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA) for at least 180 days, along with directing the U.S. attorney...more
Through a presidential proclamation, the Trump Administration on Feb. 10, 2025, announced the reinstatement of a 25 percent tariff on all steel imports and an increase in aluminum tariffs from 10 percent to 25 percent. The...more
2/13/2025
/ Aluminum Sales ,
Foreign Policy ,
Imports ,
International Trade ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
USTR
President Donald Trump signed an Executive Order (EO) on Feb. 3, 2025, directing the Treasury and Commerce secretaries to submit a comprehensive plan within 90 days for the creation of the United States' first Sovereign...more
U.S. Customs and Border Protection (CBP), under the U.S. Department of Homeland Security, published a Notice of Proposed Rulemaking on Jan. 21, 2025 (Jan. 21 NPRM), narrowing the scope of the administrative exemption under...more
1/30/2025
/ Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
Importers ,
Imports ,
International Trade ,
National Security ,
NPRM ,
Proposed Rules ,
Section 321 ,
Tariff Act of 1930 ,
Tariffs
Within hours after taking office on Jan. 20, 2025, U.S. President Donald Trump signed an omnibus executive order revoking 78 executive actions by the previous administration, dating back to 2021. Among them, President Trump...more
President Joe Biden on Jan. 3, 2025, issued a blocking order (the Order) addressing the proposed acquisition of United States Steel Corporation (U.S. Steel) by Nippon Steel Corporation (Nippon Steel), Japan's largest...more
1/21/2025
/ Acquisitions ,
Biden Administration ,
Blocking Power ,
CFIUS ,
Competition ,
Department of Justice (DOJ) ,
Foreign Investment ,
Mergers ,
National Security ,
Pending Litigation ,
Unions
The U.S. Department of the Treasury's Final Rule on outbound investment screening went into effect on Jan. 2, 2025. The Final Rule establishes a much-awaited outbound investment screening regime, implementing Executive Order...more
1/13/2025
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Executive Orders ,
Export Controls ,
Final Rules ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Rulemaking Process ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) has unveiled an ambitious regulatory agenda for 2025, with 14 planned actions that will significantly revise the International Traffic in Arms...more
1/8/2025
/ Compliance ,
Defense Sector ,
Department of Defense (DOD) ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Final Rules ,
Government Agencies ,
International Trade ,
Military Service Members ,
National Security ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology Sector ,
USML
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Oct. 23, 2024, published a set of three rules concerning space-related...more
12/2/2024
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
National Security ,
Outer Space ,
Rulemaking Process ,
Time Extensions ,
U.S. Commerce Department ,
US State Departments
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more
10/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Comment Period ,
Compliance ,
Connected Cars ,
Executive Orders ,
Hardware ,
Imports ,
Manufacturers ,
National Security ,
NPRM ,
Prohibited Transactions ,
Proposed Rules ,
Russia ,
Self-Reporting ,
Software ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more
8/29/2024
/ Amended Rules ,
Artificial Intelligence ,
Australia ,
CFIUS ,
Comment Period ,
Cybersecurity ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Innovative Technology ,
Interim Final Rules (IFR) ,
ITAR ,
Military Goods ,
National Security ,
Proposed Rules ,
U.S. Commerce Department ,
UK ,
US State Departments
The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more
7/1/2024
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Executive Orders ,
Export Controls ,
Exports ,
Final Determinations ,
Foreign Adversaries ,
Foreign Corporations ,
Information Technology ,
International Emergency Economic Powers Act (IEEPA) ,
Kaspersky ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Software ,
Software Developers ,
Subsidiaries ,
U.S. Commerce Department
The U.S. Department of the Treasury's Office of Investment Security on June 21, 2024, issued a Notice of Proposed Rulemaking (Proposed Rule) implementing Executive Order (E.O.) 14105 that was announced on Aug. 9, 2023,...more
6/27/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
China ,
Comment Period ,
Executive Orders ,
Hong Kong ,
Macau ,
National Security ,
NPRM ,
Outbound Transactions ,
Technology Sector ,
U.S. Treasury
Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more
5/13/2024
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Proposed Amendments ,
Proposed Rules ,
Request For Information ,
U.S. Treasury
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
The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more
5/18/2023
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Property ,
National Guard ,
National Security ,
Proposed Rules ,
Real Estate Investments ,
US Air Force
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
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
Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments