News & Analysis as of

Executive Orders International Emergency Economic Powers Act (IEEPA)

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

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The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...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

K&L Gates LLP

US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

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On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments...more

Ankura

Operational Implications of the New Bulk Sensitive Data Executive Order

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2024 #2

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CYBERSECURITY - CISA, FBI + MS-ISAC Issue Warning on Phobos Ransomware - To help organizations protect against ransomware, CISA, the FBI, and the Multi-State Information Sharing and Analysis Center (MS-ISAC) released a...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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Announces New Measures to Safeguard Americans’ Sensitive Personal Data

On February 28, 2024, the Biden administration announced new cybersecurity-related measures, including an executive order (EO) and advance notice of proposed rulemaking (ANPRM), intended to address the bulk flow of Americans’...more

WilmerHale

Biden Executive Order to Protect Americans’ Sensitive Personal Data and Related Rulemaking Could Impose Significant Restrictions...

WilmerHale on

On February 28, 2024, President Biden signed Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern” (the EO), under the authority of the...more

Akerman LLP

New Outbound Investment Controls Create New Investor Risks

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On August 9, 2023, President Biden signed the much-anticipated Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the Order). ...more

Latham & Watkins LLP

White House Issues Outbound Investment Executive Order and Treasury Department Solicits Comments on This New Regulatory Program: 5...

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After publicly signaling support for an outbound investment screening mechanism in July 2022, the Biden Administration has issued a long-anticipated Executive Order to address certain investments by US persons in “countries...more

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

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Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

Paul Hastings LLP

New U.S. Outbound Investment Restrictions on High-Technology Sectors in China

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On August 9, 2023, President Biden issued a long-awaited Executive Order establishing the legal authority for the U.S. Department of Treasury (“Treasury Department”) to institute an unprecedented regulatory regime restricting...more

Dunlap Bennett & Ludwig PLLC

“Why Can’t We Just Ban It?”: How The American Government Has Bungled The TikTok Ban

Over the past two months, the national security threats posed by the TikTok app have been more exposed than the individuals posting the videos to TikTok. Yet despite those risks, Americans continue to post content to the app,...more

Sheppard Mullin Richter & Hampton LLP

Will We Ring in the New Year with Outbound Investment Restrictions?

As we close out a wild year for international trade regulation, after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops...more

Bracewell LLP

Amid a Minefield of Sanctions and Export Controls, Here's How to Provide Aid to Ukraine

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Over the past week, the Biden Administration has announced unprecedented sanctions and export controls against Russia in response to its unprovoked invasion of Ukraine. As the State Department pledges an additional $350...more

Wiley Rein LLP

OFAC Issues Chinese Military-Industrial Complex Sanctions Regulations

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On February 16, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued “abbreviated” regulations to implement President Biden’s 2021 Executive Order (EO) barring certain investments in...more

Foley & Lardner LLP

White House Issues Open Letter to Private Businesses Regarding the Threat of Ransomware

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On June 2, 2021, Anne Neuberger, Deputy Assistant to the President and Deputy National Security Advisor for Cyber and Emerging Technology, published a rare open letter to the corporate executives and business leaders of...more

Wiley Rein LLP

D.C. District Court Blocks Xiaomi Designation as “Communist Chinese Military Company”

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On March 12, 2021, the U.S. District Court for the District of Columbia granted a preliminary injunction in favor of Xiaomi Corporation (Xiaomi) against implementation of Executive Order (EO) 13959, a November 2020 order...more

Morgan Lewis

OFAC Publishes Hong Kong Sanctions Regulations: Implications for Business With Hong Kong Entities

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The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) published final rules on January 15, 2021, implementing the sanctions put in place by Executive Order 13936 (EO 13936) and the Hong Kong Autonomy Act...more

Wiley Rein LLP

Presidential EO Prohibits Transactions with Chinese Companies Alipay, WeChat Pay, Tencent QQ, and Others

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On January 5, 2021, President Trump signed an executive order (EO) prohibiting U.S. persons from engaging in transactions with eight “connected software applications” developed or controlled by Chinese companies. The...more

Hogan Lovells

Court Rulings Reinforce Limitations on Sweeping Executive Orders Based on IEEPA

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Recent court rulings enjoining enforcement of the Trump Administration’s Executive Order (“EO”) targeting TikTok show signs of curbing the sweeping powers of the International Emergency Economic Powers Act (“IEEPA”), which...more

Wiley Rein LLP

Another Court Loss for President’s TikTok Ban, Questions Loom About the Future

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On December 7, 2020, Judge Carl Nichols of the D.C. District Court issued a preliminary injunction barring the federal government from enforcing a ban on the social media site TikTok. The opinion from the D.C. District Court...more

Jones Day

New Executive Order Bars Certain U.S. Investments in Chinese "Military Companies"

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On November 12, 2020, President Trump issued an Executive Order titled "Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies," which will prohibit U.S. persons from participating...more

Dorsey & Whitney LLP

Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military

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On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more

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