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Executive Orders Foreign Adversaries

Troutman Pepper Locke

The Least Known Risk in the Energy Sector: The “ICTS” National Security Rules

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There are unprecedented risks and opportunities emerging for companies in the energy sector as the Trump administration’s priorities start to come into focus. Many of those are well-known to the industry. Here’s one that’s...more

Pillsbury Winthrop Shaw Pittman LLP

DOJ Releases Its Data Security Program Compliance Guide

The guide outlines the requirements of a newly implemented Data Security Program designed to prevent China, Russia and other foreign adversaries designated by the U.S. Department of Justice from accessing American’s sensitive...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

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The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Guidepost Solutions LLC

America First Investment Policy: Navigating the Shift in CFIUS Mitigation

Every new presidential administration brings with it a degree of uncertainty regarding potential shifts in the Committee on Foreign Investment in the United States (CFIUS) process. This is especially true in our current...more

Orrick, Herrington & Sutcliffe LLP

White House to Expand Restrictions on Chinese Investment While Streamlining Investment Reviews for Allies

On February 21, 2025, a Presidential Memorandum, “America First Investment Policy” (the “Memorandum”), announced planned changes to the Committee on Foreign Investment in the United States (“CFIUS”) and outbound investment...more

Akin Gump Strauss Hauer & Feld LLP

America First Investment Policy (Trump EO Tracker)

This memorandum directs the U.S. government to use all necessary legal instruments, including the Committee on Foreign Investment in the United States (CFIUS), to restrict PRC-affiliated persons from investing in U.S....more

Holland & Knight LLP

Executive Order: Declaring a National Emergency at the Southern Border of the United States

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Date Issued: Jan. 20, 2025 This executive order declares a national emergency at the southern border of the U.S. due to the presence of threats, including cartels, criminal gangs, known terrorists, human traffickers,...more

Fox Rothschild LLP

Executive Orders to Watch for Federal Contractors and Fund Recipients

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President Trump signed a multitude of Executive Orders (EOs) during his first two weeks in office. EOs are directives from the President to federal agencies that do not require Congressional approval. EOs include mandates...more

Holland & Knight LLP

President Trump's Executive Order Halts TikTok Ban

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President Donald Trump on Jan. 20, 2025, signed an Executive Order (E.O.), Application of Protecting Americans from Foreign Adversary Controlled Applications to TikTok, halting the recently issued ban on the TikTok app (Act)...more

Morrison & Foerster LLP - Government...

Biden’s Final Cybersecurity Order Proposes Significant Changes, All to Be Implemented by the Incoming Administration

Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies that provide software and cloud services to the federal government, the Biden administration has...more

Hinch Newman LLP

DOJ Issues Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data

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On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

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The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

Morrison & Foerster LLP

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

Holland & Knight LLP

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

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The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Americans’ Data from Foreign Adversaries Act of 2024

On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more

Wyrick Robbins Yates & Ponton LLP

Broker Face: The Protecting Americans' Data from Foreign Adversaries Act Creates New High Stakes Federal Data Broker Requirements

On April 24, 2024, Congress made headlines by passing a complex foreign aid package, which included the much-discussed TikTok “divest-or-ban” legislation. What received less attention was the Protecting Americans’ Data from...more

Whiteford

Client Alert: New Laws Prohibit Certain Data Transfers to China, Russia, Iran, and other Foreign Adversaries of the U.S.

Whiteford on

In addition to its well-publicized move to prohibit more than 150 million Americans from posting embarrassing dance videos of themselves on TikTok (at least while it is Chinese-owned), the U.S. federal government recently...more

Constangy, Brooks, Smith & Prophete, LLP

Push to restrict sharing of sensitive data heats up in the House

On March 20, the U.S. House of Representatives passed House Resolution 7520, the Protecting Americans’ Data from Foreign Adversaries Act of 2024, targeting companies that sell sensitive information to “foreign adversaries.” ...more

Mayer Brown

Commerce Considers ICTS-related Rules to Address Connected Vehicle Risks

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On March 1, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published an Advance Notice of Proposed Rulemaking1 (the “Notice”) seeking public comments on potential regulation of the...more

Wiley Rein LLP

Commerce Considers Regulating Connected Vehicles to Protect Against Foreign Adversaries

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On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more

The Volkov Law Group

President Biden Issues Executive Order Concerning Bulk Data, With Parallels to Current Sanctions Regulations

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On February 28, 2024, President Biden issued a new Executive Order in order to better secure the private data of U.S. citizens from being exploited by foreign adversaries of the United States.  By issuing his Executive Order...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Focuses National Security Scrutiny on 'Connected Vehicle' Supply Chain

On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more

Wiley Rein LLP

House Select Committee on the CCP Releases Report Proposing Changes to CFIUS

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On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with...more

Bradley Arant Boult Cummings LLP

Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews

President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more

Blank Rome LLP

The ICTS Supply Chain Rules: Towards a U.S.-China Tech Decoupling?

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A July 2022 report relayed the news that the U.S. Department of Commerce (Commerce) is investigating the installation of Huawei equipment into cell towers situated near U.S. military bases and missile silos, based on concerns...more

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