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 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 U.S. Department of Justice (DOJ), Department of Commerce's Bureau of Industry and Security (BIS) and Department of the Treasury's Office of Foreign Assets Control (OFAC) on July 26, 2023, issued a Tri-Seal Compliance Note...more
8/2/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
Exports ,
Iran ,
Joint Policy Statements ,
Joint Statements ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Self-Reporting
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
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
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
- Non-Fungible Tokens and Intellectual Property Law: Key Considerations...more
9/2/2021
/ Commercial Leases ,
Controlled Foreign Corporations ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Disclosure Requirements ,
Enforcement Actions ,
Foreign Investment ,
General Services Administration (GSA) ,
Intellectual Property Protection ,
Irrevocable Trusts ,
National Security ,
Non-Fungible Tokens (NFTs) ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Tax Planning
The General Services Administration (GSA) amended the General Services Administration Acquisition Regulations (GSAR) via an interim rule (Rule) – effective June 30, 2021 – to incorporate disclosure obligations of foreign...more
8/2/2021
/ CFIUS ,
Commercial Leases ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Foreign Ownership ,
General Services Administration (GSA) ,
GSAR ,
Interim Rule ,
Lease Financing ,
National Security ,
NDAA ,
Public Comment ,
Real Estate Transactions
The U.S. Department of Commerce Bureau of Industry and Security (BIS) on Dec. 23, 2020, amended the Export Administration Regulations (EAR) to remove Hong Kong as a separate destination listed in the EAR....more
President Donald Trump signed Executive Order 139201 on May 1, 2020, declaring a national emergency in order to secure the nation's bulk-power system. The president's order explains that such systems are threatened by foreign...more
5/7/2020
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
Government Investigations ,
National Security ,
Power Grid ,
Russia ,
Section 232 ,
U.S. Commerce Department
The U.S. Department of Commerce (Commerce) has proposed a rule implementing the terms of President Donald Trump's Executive Order 13873 (the EO) on securing the United States' information and communications technology and...more
12/27/2019
/ CFIUS ,
Cross-Border Transactions ,
Digital Communications ,
Executive Orders ,
Information and Communication Technology (ICT) ,
National Security ,
Prohibited Transactions ,
Proposed Rules ,
Screening Procedures ,
Supply Chain ,
U.S. Commerce Department
• President Donald Trump saying at the recent G20 Summit in Japan that American companies could keep selling products to Huawei Technologies Co. Ltd. (Huawei) was another installment in the drama surrounding the Chinese tech...more
7/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Sanction Violations ,
Technology Sector ,
Telecommunications ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more
8/17/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Land Developers ,
National Security ,
NDAA ,
Personal Data ,
Real Estate Transactions ,
Trade Policy ,
Trump Administration
• The Information Security Oversight Office (ISOO) has issued a Final Rule to its 32 C.F.R. Part 2004 National Industrial Security Program (NISP) Directive, which is the overarching policy for federal agencies involved in...more
7/6/2018
/ CFIUS ,
Data Security ,
Defense Contracts ,
Defense Security Service (DSS) ,
Department of Homeland Security (DHS) ,
Eligibility ,
Federal Contractors ,
Final Rules ,
FOCI ,
Information Security ,
National Security ,
New Rules ,
NISPOM ,
ODNI ,
Security Clearance
• A September 2016 audit report by the U.S. Department of Justice (DOJ) Office of Inspector General recommended more transparency regarding compliance and enforcement of the Foreign Agents Registration Act (FARA).
• To...more
7/3/2018
/ Advisory Opinions ,
Agency Relationship ,
Audit Reports ,
CFIUS ,
Commercial Activity Exception ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Exceptions ,
Foreign Agents ,
Foreign Governments ,
Lobbying Disclosure Act ,
National Security ,
OIG ,
Registration Requirement ,
Transparency
Amid the Trump Administration's plan to reduce China's access to U.S. intellectual property, the federal government is imposing tighter scrutiny over U.S. universities' research partnerships with Chinese entities. The move is...more
6/29/2018
/ China ,
Colleges ,
Department of Defense (DOD) ,
Huawei ,
Intellectual Property Protection ,
Joint Venture ,
National Security ,
Partnerships ,
Secretary of Defense ,
Secretary of Education ,
Technology Sector ,
Technology Transfer Agreements ,
Telecommunications ,
Trump Administration ,
Universities