News & Analysis as of

China National Security

Brownstein Hyatt Farber Schreck

Recapping China Week

Last week, the House held its long-awaited “China Week” to vote on a series of legislation targeting various aspects of the U.S.-China relationship. The bills targeted national security, economic relations, technology, the...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

Wiley Rein LLP

Former New York Government Official Linda Sun Charged with FARA Violations

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On Tuesday, September 3, 2024, Linda Sun, a former high-ranking official in New York State’s government, was arrested in Brooklyn and charged with violating the Foreign Agents Registration Act (FARA) for allegedly acting as...more

Husch Blackwell LLP

BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions

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Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia. ...more

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Alston & Bird

6th Circuit Upholds 20-year Sentence of Chinese Spy, Convicted of Espionage Crimes, Attempting to Steal Trade Secrets

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On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State...more

King & Spalding

The U.S. Departments of Commerce and State Issue Proposed Rules Expanding Controls on Military and Security-Related Services, End...

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To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more

IR Global

Forced Labor Questionnaires: Another Helpful Hint

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In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards...more

Fenwick & West LLP

U.S. Foreign Investment Review - Continued Focus on Emerging Technologies, China Risk, and Enforcement

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The U.S. Department of the Treasury recently released its Committee on Foreign Investment in the United States (CFIUS) 2023 Annual Report to Congress....more

Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Latham & Watkins LLP

5 Key Takeaways From the CFIUS 2023 Annual Report

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The report shows a decline in filings, new mitigation measures and conditions, and continued emphasis on monitoring and enforcement. On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS)...more

Fox Rothschild LLP

Treasury Revises Proposed Limits on China Tech Investments

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Revised regulations restricting investments in Chinese companies developing semiconductors and microelectronics, quantum information technologies, and artificial intelligence systems are taking shape and could soon be in...more

Morrison & Foerster LLP

Key Points from the 2023 CFIUS Annual Report

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2023. In a year that featured lower deal volume, CFIUS...more

WilmerHale

BIS Sets Higher KYC Standards for Companies and Universities Over Russia Diversion Concerns

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On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidance (the “July 10 Release”) outlining different types of precautionary letters (“supplier list” letters, “Project...more

Akin Gump Strauss Hauer & Feld LLP

Will the WTO Survive a Change of Administration?

The World Trade Organization (WTO) experienced some of its most challenging times during the first Trump administration. While the Biden administration has been relatively kinder to the WTO, it still remains critical of the...more

Dorsey & Whitney LLP

New NPRM Augments Executive Order 14105 Affecting Outbound U.S. Investment into China

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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

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Real Estate Transactions Near Military Sites

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On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more

Fenwick & West LLP

Update on the BioSecure Act

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The BioSecure Act is a bipartisan bill introduced in both the U.S. House of Representatives and Senate earlier this year that would effectively stop companies that are doing business with the U.S. government from using...more

Patomak Global Partners

Treasury Issues Notice of Proposed Rulemaking Implementing the White House’s Executive Order on Outbound Investment

On 21 June, the Department of the Treasury (Treasury) issued a notice of proposed rulemaking (NPRM) to implement President Biden’s August 2023 Executive Order 14105 (EO 14105 or “the EO”) which directed restrictions and...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Treasury Department Issues Proposed Rulemaking for Forthcoming Outbound Investment Program

The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more

Morgan Lewis

Treasury Issues Proposed Regulations to Restrict and Track US Outbound Investment in China

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Almost a year after President Joseph Biden issued an executive order requiring new regulations to restrict and track US investment in China, the US Department of the Treasury released proposed rules. The draft regulations are...more

Wiley Rein LLP

Ask a CFIUS Expert: Is Crypto Spying on Us?

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In this episode of the CryptoCounsel at Wiley, Josh talks with guest Nova Daly, a former U.S. national security official, to delve into the complexities of crypto regulation and international investment. They explore a...more

Eversheds Sutherland (US) LLP

Treasury releases proposed Outbound Investment Security Program rules

On June 21, 2024, the US Department of the Treasury (Treasury) released proposed new federal regulations (Proposed Rules) that, if implemented, would prohibit or require notification of a broad range of outbound investment...more

Orrick, Herrington & Sutcliffe LLP

With Focus on Tech Sector and China, Treasury Publishes Proposed Outbound Investment Restrictions

The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more

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