Cross-Border Compliance Update: November 2019

Foley Hoag LLP

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 from now through December 27, 2019 on a proposed rule (the “Rule”) that would restrict certain foreign-involved transactions, including investment and services contracts, in the information and communications technology and services (ICTS) industries. The Rule as proposed has a very broad scope, and would impact telecommunications service providers, internet and digital service providers, and vendors and manufacturers of ICTS. The long-anticipated Rule would implement the May 15, 2019 Executive Order 13873, ‘‘Securing the Information and Communications Technology and Services Supply Chain.” This EO, while it does not name any particular entities or countries, is widely regarded as targeting China, and particularly Chinese companies such as Huawei, for the risks their presence in the global ICTS supply chain may pose to U.S. national security.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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