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Cross-Border Transactions National Security Executive Orders

Perkins Coie

Department of Commerce Adopts Final Rule Restricting Tech and Telecom Supply Chain Transactions With Foreign Adversaries

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The U.S. Department of Commerce’s Bureau of Industry and Security (BIS), issued its much anticipated Final Rule under Executive Order 13873, Securing the Information and Communications Technology and Services Supply Chain (EO...more

WilmerHale

DOJ Issues NPRM Regarding Sensitive Data Transfers

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With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

Robinson+Cole Data Privacy + Security Insider

White House Executive Order to Establish New Cross-Border Sensitive Data Transfer Control Regime

On February 28, 2024, the Justice Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to seek public comments on the establishment of a new regulatory regime to restrict U.S. persons from transferring bulk...more

Jenner & Block

Client Alert: White House Executive Order Seeks to Protect Americans’ Sensitive Personal Data and US Government-Related Data in...

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On February 28, 2024, President Biden issued Executive Order 14117 on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (the EO). The EO empowers...more

A&O Shearman

DOJ Proposes New Licensing Regime for the Bulk Sale of Americans’ Personal Data

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On February 28, 2024, President Biden issued an Executive Order (EO) entitled, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern,” outlining a new...more

American Conference Institute (ACI)

[Event] 10th National Conference on CFIUS - April 11th - 12th, Arlington, VA

Hosted by American Conference Institute, the 10th National Conference on CFIUS returns for another exciting year with curated programming that will provide invaluable insights on repositioning your transaction planning amidst...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

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A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

Venable LLP

Biden Administration Issues Long-Anticipated Executive Order Restricting U.S. Investment in Chinese Tech

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On August 9, 2023, the Biden administration issued its long-anticipated executive order (E.O.) that will prohibit, or impose notification requirements on, U.S. investment in a targeted set of advanced technology sectors in...more

Wilson Sonsini Goodrich & Rosati

Biden Unveils Executive Order: Outbound Screening Program Restricting China Investments

In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

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On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Moves To Narrowly Limit Investment in China

On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more

American Conference Institute (ACI)

[Event] 9th National Conference on CFIUS - April 13th - 14th, Arlington, VA

Hosted by American Conference Institute (ACI), the 9th National Conference on CFIUS returns for another exciting year with curated programming and an impressive lineup of leaders from government, industry and private practice...more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

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President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

Fenwick & West LLP

Biden Administration Releases Unprecedented CFIUS Executive Order and Expected to Impose Export Controls Around Semiconductors:...

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CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments - On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more

Venable LLP

New Executive Order Directs Consideration of National Security Risks in CFIUS Reviews

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​​​​​​​On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more

Wilson Sonsini Goodrich & Rosati

President Biden’s Executive Order on CFIUS Likely to Yield Incremental Tightening

On September 15, 2022, President Biden signed an Executive Order (EO) detailing certain national security risks that the Committee on Foreign Investment in the United States (CFIUS or the Committee) should consider when...more

White & Case LLP

Biden Issues First-Ever Presidential Directive Defining National Security Factors for CFIUS to Consider in Evaluating Transactions

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On September 15, President Biden signed an Executive Order (the "EO") identifying national security risks that the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") must consider when reviewing...more

McDermott Will & Emery

President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

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On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For...more

Sheppard Mullin Richter & Hampton LLP

First-Ever Executive Order on CFIUS Highlights Biden’s National Security Priorities

On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal...more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

Holland & Knight LLP

Proposed ICTS Supply Chain Review Regime Raises Procedural Concerns

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The U.S. Department of Commerce (Commerce) has proposed a rule implementing the terms of President Donald Trump's Executive Order 13873 (the EO) on securing the United States' information and communications technology and...more

Holland & Hart LLP

OFAC Redefines the Term “Significant Transnational Criminal Organization,” Broadening Its Reach

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The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has implemented the President’s prior revision of the definition of “significant transnational criminal organization” (significant TCO) by...more

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