On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more
9/13/2024
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Technology Sector ,
U.S. Commerce Department
The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more
7/19/2024
/ Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NPRM ,
Outbound Transactions ,
Popular ,
Proposed Rules ,
Technology ,
Technology Sector ,
U.S. Treasury
As the February 2022 Russian invasion of neighboring Ukraine approaches its second anniversary and as Russia has increasingly turned to covert relationships with third country providers to avoid U.S., European Union and other...more
2/6/2024
/ Banking Sector ,
CAPTA List ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia
On October 4, 2023, U.S. interested parties filed a petition (“Petition”) seeking to impose antidumping (“AD”) and countervailing duties (“CVDs”) on imports of certain aluminum extrusions from China, Colombia, the Dominican...more
10/6/2023
/ Aluminum Sales ,
Anti-Dumping Duty ,
China ,
Colombia ,
Countervailing Duties ,
Dominican Republic ,
Equador ,
Imports ,
India ,
International Harmonization ,
International Trade Commission (ITC) ,
Italy ,
Malaysia ,
Mexico ,
National Security ,
Section 301 ,
South Korea ,
Taiwan ,
Tariffs ,
Thailand ,
Turkey ,
U.S. Commerce Department ,
United Arab Emirates (UAE) ,
Vietnam
On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Civil Monetary Penalty ,
Economic Sanctions ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Public Comment ,
Regulatory Agenda ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On November 25, 2022, the Federal Communications Commission (“FCC”) adopted new rules to block the importation of telecommunications equipment considered unacceptably hazardous to U.S. national security. These new FCC rules...more
On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more
11/28/2022
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Popular ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in...more
The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more
8/11/2022
/ Annual Reports ,
CFIUS ,
China ,
Compliance ,
Corporate Counsel ,
Defense Production Act ,
FIRRMA ,
Foreign Investment ,
Government Investigations ,
National Security ,
Notice Requirements ,
Risk Mitigation
President Biden signed into law on December 23 legislation that will, for the first time, require U.S. Customs and Border Protection (“CBP”) to detain all imports that are made wholly or partly in the Xinjiang Uyghur...more
12/29/2021
/ Asia ,
Biden Administration ,
China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Executive Orders ,
Forced Labor ,
Foreign Policy ,
Human Rights ,
Imports ,
National Security ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Procurement Guidelines ,
Rebuttable Presumptions ,
Reputation Management ,
Risk Management ,
Supply Chain ,
Technology Sector ,
Third-Party ,
Upstream Contracts ,
USTR
On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more
11/4/2021
/ Acquisitions ,
Agribusiness ,
Beverage Manufacturers ,
CFIUS ,
Cross-Border ,
Cross-Border Transactions ,
Cyber Attacks ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Foreign Investment ,
Mergers ,
National Security ,
Popular ,
Proposed Legislation ,
Supply Chain ,
Technology ,
U.S. Treasury ,
USDA
The Bureau of Industry and Security (“BIS”) in U.S. Department of Commerce has added 34 more companies to its Entity List in its continued expansion of U.S. export controls to address human rights in the Xinjiang Uyghur...more
7/21/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Forced Labor ,
General Licenses ,
Human Rights ,
Iran ,
Military End Use ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Tariff Act of 1930 ,
U.S. Commerce Department ,
Withhold Release Orders (WROs)
On April 8, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added seven Chinese supercomputer firms and organizations to its Entity List, the agency’s principal export sanctions list. BIS alleges...more
4/26/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Huawei ,
Human Rights ,
Imports ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
ZTE
On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more
11/20/2020
/ China ,
Corporate Counsel ,
Defense Sector ,
Department of Defense (DOD) ,
Divestment ,
Entity List ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Trump Administration ,
US Trade Policies
On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject...more
2/7/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Exemptions ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
New Rules ,
Real Estate Investments ,
UK
The U.S. Department of the Treasury’s Office of Investment Security published proposed regulations on September 24 (“Proposed Regulations”). Under the Proposed Regulations, more foreign investment transactions will be subject...more
10/31/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Personal Data ,
Proposed Regulation ,
Real Estate Transactions ,
Tribal Corporations ,
U.S. Treasury
In an Executive Order (EO) issued on Wednesday, President Trump gave exceedingly broad authority to the U.S. Department of Commerce to block transactions of information and communications products and services if the...more
5/17/2019
/ 5G Network ,
Bureau of Industry and Security (BIS) ,
China ,
Digital Communications ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Information Technology ,
National Security ,
Retaliatory Tariffs ,
Tariffs ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
A little more than two months after the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) was signed into law, the United States Department of the Treasury (has invoked its new authority under the FIRRMA to...more
10/24/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Administration Regulations (EAR) ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Reporting Requirements ,
U.S. Treasury
After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more
8/15/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury