On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS) published its Annual Report to Congress for the Calendar Year 2023. The report provides key statistics on the CFIUS process and the...more
As the standoff in Congress on the budget threatens to shut down vast swaths of the federal government, we write to remind clients about how a federal government shutdown would affect international trade and investment. The...more
10/2/2023
/ Appropriations Bill ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
CFIUS ,
Customs and Border Protection ,
Enforcement Actions ,
Federal Budget ,
Federal Funding ,
Government Shutdown ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
U.S. Commerce Department
On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...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 ,
NDAA ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are...more
4/21/2023
/ Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Export Controls ,
Financial Services Industry ,
Foreign Direct Investment ,
Human Rights ,
International Trade ,
Iran ,
National Security ,
Nicaragua ,
Russia ,
Trade Restrictions ,
U.S. Commerce Department ,
UK ,
US Department of State ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Venezuela ,
Virtual Currency ,
Withhold Release Orders (WROs)
CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down.
High technology (including quantum computing), life sciences, and green energy...more
2/9/2023
/ Aerospace ,
Artificial Intelligence ,
Biden Administration ,
Biotechnology ,
CFIUS ,
China ,
Clean Energy ,
Cybersecurity ,
Data Processors ,
Defense Production Act ,
Enforcement Actions ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Insurance Industry ,
International Trade ,
Life Sciences ,
National Security ,
OSTP ,
Penalties ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Telecommunications
This is the fifth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in State AG enforcement. Up next: SEC Enforcement in 2022: A Look Ahead. ...more
2/25/2022
/ Afghanistan ,
Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Burma ,
Cambodia ,
CFIUS ,
China ,
Cuba ,
Economic Sanctions ,
Enforcement ,
Ethiopia ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Human Rights ,
International Criminal Court ,
Iran Sanctions ,
ITAR ,
Joint Comprehensive Plan of Action (JCPOA) ,
Myanmar ,
Nicaragua ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Sudan ,
U.S. Treasury ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Venezuela ,
Virtual Currency ,
Withhold Release Orders (WROs)
Hong Kong Updates and Alerts -
New Restrictions on Exports to Hong Kong – License Exceptions for Hong Kong Suspended -
On June 29, 2020, the State Department announced that the U.S. will end the export of U.S.-origin...more
8/7/2020
/ 5G Network ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
CFIUS ,
China ,
Cross-Border ,
Cuba ,
Department of Justice (DOJ) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
FCPA Resource Guide ,
Final Rules ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Huawei ,
International Chamber of Commerce (ICC) ,
Iran Sanctions ,
Military End Use ,
New Rules ,
Nicaragua ,
Russia ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
State-Owned Enterprises ,
Syria ,
Trump Administration ,
Venezuela
Proposed Rules on CFIUS Mandatory Declarations Released: No More NAICS Codes!
On May 21, 2020, the Department of the Treasury released a proposed rule that would modify the requirements for Committee on Foreign Investment...more
6/11/2020
/ Bulk Electric System ,
CFIUS ,
China ,
Cross-Border Transactions ,
Energy Sector ,
Export Controls ,
Foreign Investment ,
Huawei ,
Human Rights Act ,
Iran Sanctions ,
Metals ,
Money Laundering ,
NAICS ,
Nicaragua ,
North Korea ,
Proposed Rules ,
Sanctions ,
Zimbabwe
New CFIUS Regulations Released: Final Rules Impact Foreign Investment in Technology, Infrastructure, and Data (TID) Businesses and Real Estate -
On January 13, 2020, the Department of the Treasury issued final regulations...more
2/6/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Investment ,
Office of Foreign Assets Control (OFAC) ,
Technology Sector
Alert for Information and Communications Technology and Services Industries: Proposed New Rule Implements Unprecedented Regime to Review and Restrict Transactions -
The Department of Commerce (DOC) is accepting comments...more
Additional Restrictions on Exports to Cuba -
On October 15, 2019, the Department of Commerce (DOC) amended the Export Administration Regulation (EAR) to further restrict the export and reexport of items to Cuba. The...more
11/25/2019
/ CFIUS ,
Compliance ,
Cross-Border Transactions ,
Cuba ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Investment ,
Human Rights ,
Magnitsky Act ,
Withhold Release Orders (WROs)