News & Analysis as of

Advanced Notice of Proposed Rulemaking (ANPRM) Committee on Foreign Investment in the United States Export Controls

Torres Trade Law, PLLC

U.S. Issues Unprecedented Order Restricting Investment in China

Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more

K&L Gates LLP

United States Imposes Unprecedented Outbound Investment Controls Focused on China

K&L Gates LLP on

On 9 August 2023, President Biden issued a long anticipated executive order imposing certain limitations, reporting requirements, and prohibitions on outbound investment from the United States into certain sensitive industry...more

Morrison & Foerster LLP

Commerce Department Plan to Nix “Emerging” and “Foundational” Technologies Distinction in Export Controls

Those who have been waiting to see how exactly the United States Department of Commerce will distinguish and ultimately control “emerging” and “foundational” technologies may not get an answer after all....more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

ArentFox Schiff on

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Jones Day

Proposed Rulemaking Under ECRA Signals Tightening of Export Control Restrictions

Jones Day on

Signed into law in August 2018, the Export Control Reform Act ("ECRA") significantly alters U.S. export policy by placing new emphasis and potential controls on critical technologies essential to the nation's security. As...more

Williams Mullen

New Export Requirements for Emerging and Foundational Technologies

Williams Mullen on

The U.S. is adopting a major change in the export control laws. Under the recently enacted Export Control Reform Act of 2018 (“ECRA”), the Commerce Department is imposing a new category of export controls on “emerging” and...more

Hogan Lovells

New export control and CFIUS restrictions on emerging technologies becoming a reality

Hogan Lovells on

The Commerce Department is soliciting public input on identification of certain "emerging technologies" for purposes of new export controls and the recently expanded jurisdiction of the Committee on Foreign Investment in the...more

MoFo Tech

Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

MoFo Tech on

The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies”...more

Wilson Sonsini Goodrich & Rosati

Emerging Technologies to Be Controlled for Export: Comments Due December 19, 2018

On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released its advance notice of proposed rulemaking (ANPRM) to control the export of emerging technologies. Comments on the ANPRM are...more

Goodwin

U.S. Government to Define “Emerging Technologies,” Impacting CFIUS and Export Controls

Goodwin on

On November 19, 2018, the Department of Commerce published an Advanced Notice of Proposed Rulemaking (ANPR) seeking public comment on how to identify certain “emerging technologies” that are essential to U.S. national...more

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