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Commerce Imposes New Export Controls on Cybersecurity Items and Adds a Corresponding License Exception

On October 21, 2021, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) announced an interim final rule (Interim Rule), which will amend the Export Administration Regulations (EAR) to add controls for the...more

Myanmar Update: U.S., UK and EU Continue to Expand Sanctions for Companies with Ties to the Military

U.S., UK and EU authorities continue to expand sanctions targeting the Tatmadaw, Myanmar’s armed forces, following the February 17, 2021, military coup in Myanmar (also known as Burma). Over the past month, the United States...more

U.S. Announces Broad Array of New Russia Sanctions

On April 15, 2021, the U.S. Government announced broad new sanctions authorities that can be used to target Russia and implemented limitations on dealings in Russian sovereign debt. These measures were imposed pursuant to a...more

U.S. Government Continues to Ratchet Up Pressure Against Myanmar – The Latest Steps

U.S. officials have continued to use a range of policy tools to apply pressure on the military leadership of Myanmar (also known as Burma) in response to the military coup in the country and escalating violence against...more

President Biden Issues Order on “Made in America Laws”

On January 25, 2021, President Biden issued Executive Order (E.O.) 14005 to implement the President’s domestic sourcing and manufacturing policy agenda by tightening federal procurement and contracting requirements and...more

President Biden’s “American Rescue Plan”

Last week, President Biden released a fact sheet summarizing a proposed $1.9 trillion COVID-19 stimulus package, which promises to have a broad reaching impact on U.S. businesses. The proposal includes a $15 billion grant...more

Commerce Department’s New ICTS Rule Raises Additional Considerations for Cross-Border Transactions

On January 19, 2021, the Commerce Department issued an interim final rule to implement the Executive Order on Securing the Information and Communications Technology and Services Supply Chain (E.O. 13873), which was issued on...more

U.S. Commerce Department Implements Multilateral Controls on Six Emerging Technologies

On October 5, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule that imposes new multilateral controls on six “emerging technologies,” agreed during the December 2019 plenary meeting...more

CFIUS Issues Final Rule Basing Mandatory Declaration Requirement on U.S. Export Control Criteria

On September 15, 2020, the U.S. Department of Treasury published a final rule that removes the mandatory declaration requirement for filings to the Committee on Foreign Investment in the United States (CFIUS) based on North...more

Executive Orders Target TikTok and WeChat Application Makers

On August 6, 2020, President Trump issued a pair of executive orders targeting China’s Tencent Holdings Ltd. (Tencent) and its mobile application WeChat and ByteDance Ltd. (ByteDance) and its mobile application TikTok. The...more

Supply Chain Threats and Cybersecurity Compliance Issues on the Horizon

New rules and developments continue to proliferate as the U.S. government seeks to minimize supply chain threats and cybersecurity risks. For contract awards issued after August 13, 2020, prime contractors must conduct a...more

U.S. Government Efforts to Eliminate Supply Chain Threats from China to Telecommunications Networks

The U.S. government has issued several rules aimed at excluding, and in some cases removing, Chinese-origin equipment from U.S. telecommunications networks. Most of these rules apply to U.S. government networks, but some...more

CFIUS Proposes Mandatory Declaration Requirement Based on U.S. Export Control Criteria

On May 21, 2020, the U.S. Department of the Treasury published a proposed rule that would revise the mandatory declaration requirement for foreign investments involving a U.S. business that produces, designs, tests,...more

BIS Amends Direct Product Rule To Target Huawei But Extends Huawei Temporary General License

On May 15, 2020 the Commerce Department announced an amendment to the direct product rule that further restricts the ability of Huawei Technologies Co., Ltd. and its affiliates on the Entity List, such as HiSilicon...more

CFIUS and Critical Technologies: Implications for the Biotechnology and Life Sciences Sector

The COVID-19 pandemic has generated a renewed focus on biotechnology and life sciences companies. Non-U.S. investors need to be aware of the potential that the Committee on Foreign Investment in the United States (CFIUS) may...more

New Filing Fees For CFIUS Notices Enter Into Effect

Beginning on May 1, 2020, the Committee on Foreign Investment in the United States (CFIUS) will require a fee for any joint voluntary notice of a “covered transaction” or “covered real estate transaction.” This requirement...more

New Export Control Rules Confront Integration of Civilian and Military Technology Development in China, Russia, and Venezuela

On April 28, 2020, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published two final rules that will eliminate the license exception for civil end users (CIV) in the People’s Republic of China, Russia,...more

Examining CFIUS Implications for the Real Estate Market in the Post COVID-19 World

The COVID-19 pandemic and the resulting economic turmoil have the potential to shake up the U.S. real estate market due to an anticipated influx of real estate investors looking to purchase heavily discounted, distressed...more

Executive Order Establishes New Committee to Review Foreign Investment in Communications Companies

TAKEAWAYS - Establishes deadlines for Committee to respond to FCC referrals - Invites Committee review of existing license holders - Resolution of long pending FCC proposed rulemaking expected - On April 4, 2020, the White...more

OFAC Issues Sanctions Against Additional Rosneft Subsidiary and Amends Venezuelan General Licenses

On March 12, 2020, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued sanctions against a second affiliate of PJSC Rosneft Oil Company (“Rosneft”) related to its activities with Venezuela. OFAC...more

U.S. Expands Secondary Sanctions to Iran’s Industrial Sectors

On January 10, 2020, the United States imposed additional sanctions on Iran in the wake of recent tensions between the countries and the continuing broader ‘maximum pressure’ campaign on Iran. ...more

Key Takeaways from CFIUS Final Rules Implementing FIRRMA

On January 13, 2020, the U.S. Department of the Treasury issued two final rules for the Committee on Foreign Investment in the United States (CFIUS) implementing the Foreign Investment Risk Review Modernization Act (FIRRMA),...more

District Court Overturns OFAC Fine Against Exxon

On December 31, 2019, the U.S. District Court for the Northern District of Texas overturned a $2 million fine imposed by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) against ExxonMobil Corp., and...more

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