The Departments of the Treasury and Commerce recently provided reports to Congress describing plans under consideration to regulate outbound investment, as required by the 2023 Consolidated Appropriations Act. Key highlights...more
Key Points -
BIS amended the EAR to add a new criterion for placing a party on the Entity List: a sustained lack of cooperation by the host government to schedule and facilitate the completion of an end-use check of an...more
Key Points -
The U.S. Department of Commerce has reorganized and clarified the regulations describing when foreign-produced items outside the United States are and are not subject to the licensing and other obligations of...more
On August 20, 2021, the 30th session of the Standing Committee of the 13th National People’s Congress (NPC) adopted China’s new PRC Personal Information Protection Law (PIPL), which will take effect on November 1, 2021. The...more
8/27/2021
/ China ,
Criminal Liability ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Use Policies ,
International Data Transfers ,
National Security ,
Personal Information
On June 10, 2021, the 29th session of the Standing Committee of the 13th National People’s Congress ("NPC") adopted China’s new Anti-Foreign Sanctions Law,1which took immediate effect. The new law provides legal grounds for...more
As part of the United States’ response to Russia’s use of chemical weapons against Russian opposition figure Aleksey Navalny, the U.S. State Department applied a policy of denial to licenses and other approvals for exports to...more
On June 3, 2021, President Biden issued Executive Order 14032 (Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China) (“CMIC EO”) that modifies the Trump-era...more
- On September 15, Treasury published a Final Rule adopting changes to the CFIUS mandatory filing framework for covered transactions involving critical technologies.
- Rather than being pegged to targeted industries...more
9/22/2020
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Exceptions ,
Export Controls ,
Exports ,
Filing Requirements ,
Final Rules ,
Foreign Investment ,
General Licenses ,
National Security ,
Technology Transfer Agreements
On June 30, the Standing Committee of the National People’s Congress (the “Standing Committee”) in the People’s Republic of China (“China”) unanimously passed The Law of the People’s Republic of China on Safeguarding National...more
Following the decision taken by China’s National People’s Congress to adopt a new national security law (the “Security Law”) for the Hong Kong Special Administrative Region (“Hong Kong”) on May 28, the Standing Committee of...more
The National People’s Congress in China has today adopted a resolution paving the way for a new national security law to apply to Hong Kong.
The law is expected to focus on the prevention and punishment of secession, the...more
- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements.
- Under the Proposed Rule,...more
5/26/2020
/ CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
General Licenses ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector ,
U.S. Treasury
- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more
5/21/2020
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Foreign Policy ,
General Licenses ,
Huawei ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Public Comment ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
- On April 28, 2020, the Bureau of Industry and Security of the U.S. Department of Commerce announced changes to the Export Administration Regulations (EAR) through three notices published on the Federal Register. The changes...more
4/30/2020
/ Bureau of Industry and Security (BIS) ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Licensing Rules ,
Military End Use ,
National Security ,
Proposed Rules ,
U.S. Commerce Department
Key Points
- On January 13, 2020, the U.S. Department of Treasury released final rules implementing FIRRMA, which reforms the CFIUS framework. These rules will take effect on February 13, 2020.
- The final rules...more
1/16/2020
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
Personal Data ,
Principal Place of Business ,
Proposed Regulation ,
Public Comment ,
U.S. Treasury
Key Points
- On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more
12/4/2019
/ CFIUS ,
Executive Orders ,
Foreign Acquisitions ,
Foreign Adversaries ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
• The U.S. Department of Treasury released proposed rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) on September 17, 2019. Among other measures, these rules would establish how the Committee...more
9/23/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
• On May 16, 2019, the U.S. Department of Commerce published a final rule adding Huawei and 68 other companies, mostly its non-U.S. affiliates worldwide, to the Entity List... The rule will be officially published in the...more
5/20/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Technology Sector ,
U.S. Commerce Department
• On May 15, 2019, President Trump issued a long-awaited E.O. designed to curtail the use of telecommunications items and services from certain countries and persons in U.S. networks. The E.O. does not impose immediate...more
5/16/2019
/ CFIUS ,
China ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Infrastructure ,
International Emergency Economic Powers Act (IEEPA) ,
Jurisdiction ,
National Security ,
New Regulations ,
Telecommunications ,
Trade Relations ,
Trump Administration
• The Commerce Department’s Bureau of Industry and Security (BIS) has added 50 entities to its Unverified List (UVL). Thirty-seven of the newly listed entities are in China. BIS also removed 10 entities from the list that had...more
In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more
12/13/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
• On October 10, 2018, CFIUS announced a pilot program that implements significant provisions of FIRRMA. The program becomes effective November 10, 2018.
• Under the program, CFIUS jurisdiction will be expanded to cover...more
10/11/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Manufacturers ,
NAICS ,
National Security ,
Trump Administration
• The House and Senate proposed companion bills that would expand the scope of CFIUS review by broadening the definition of covered transactions to include certain minority investments and joint ventures, among other...more
11/13/2017
/ CFIUS ,
Covered Transactions ,
Declaration ,
Filing Fees ,
Foreign Investment ,
Inbound Investments ,
Joint Venture ,
National Security ,
Proposed Legislation ,
Reporting Requirements ,
Time Extensions ,
Trump Administration
On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its annual report (“Report”) to Congress. One day later, CFIUS also released more limited data on foreign...more
9/27/2017
/ Acquisitions ,
Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Foreign Investment ,
Legislative Amendments ,
Mergers ,
Mitigation ,
National Security ,
Obama Administration ,
Trump Administration