News & Analysis as of

Export Controls China National Defense Authorization Act

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

Morgan Lewis

DOD’s Expanding List of Chinese Military Companies

Morgan Lewis on

On January 2, 2025, the US Department of Defense added a number of entities to its list of “Chinese military companies" (CMC List). While being named to this list, by itself, does not prohibit US businesses from continuing to...more

Hogan Lovells

US Department of Defense issues updated section 1260H Chinese military companies list

Hogan Lovells on

On January 6, 2025, the U.S. Department of Defense updated its 1260H List, bringing the total to 134 entities across sectors like AI, aerospace, and biotechnology. Designation on the list signals risks such as restrictions on...more

Goodwin

The BIOSECURE Act and Its Potential Implications

Goodwin on

Proposed federal legislation known as the BIOSECURE Act is being considered in both the U.S. House of Representatives and the U.S. Senate....more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Small Yard and High Fence’: US National Security Restrictions Will Further Impact US-China Trade and Investment Activity in 2024

The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more

Pillsbury Winthrop Shaw Pittman LLP

Recent Updates on Foreign Investment Restrictions and Export Controls Governing Semiconductors, Quantum Computing and Artificial...

Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...more

Womble Bond Dickinson

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

Womble Bond Dickinson on

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more

Cozen O'Connor

Cozen Currents: The Method to Congress' Madness

Cozen O'Connor on

The Cozen Lens- •After feeling like they lost out in House Speaker Kevin McCarthy’s (R-CA) debt limit deal with President Biden, the House GOP’s right flank aims for major cuts in FY24 government funding. This stance raises...more

Hogan Lovells

美国政府对“受关注外国实体”作出定义,影响波及《降低通胀法》项下电动汽车电池

Hogan Lovells on

2023年3月21日(星期二),美国商务部发布一则关于《芯片与科学法》所含护栏条款的拟议规则通知。作为拟议规则的组成部分,美国商务部发布了“受关注外国实体”和由受关注国家“拥有、控制、管辖或指挥”的定义,这两个术语曾出现在过去两年颁发的四部独立制定法中,即:《2021财年国防授权法》、《基础设施投资和就业法》、《芯片与科学法》和《降低通胀法》。根据美国商务部所拟定义,任何实体——包括总部位于美国的实体或注册在美国的实体——如其25%及以上表决权益...more

Morrison & Foerster LLP

National Defense Authorization Act Implications for U.S. Sanctions Programs

Morrison & Foerster LLP on

After months of negotiations, Congress revealed the compromise version of the National Defense Authorization Act for Fiscal Year 2023 (NDAA) on December 6, 2022. The bill, viewed as a “must-pass” piece of legislation because...more

WilmerHale

United States Adopts Wide-Ranging China Restrictions

WilmerHale on

End-of-Year Sanctions Target Chinese Supply Chains and AI, Quantum Computing, and Biotechnology - Several US executive branch agencies and the US Congress have adopted wide-ranging end-of-year sanctions, export control and...more

Miller Canfield

U.S. Department of Commerce Publishes Military End User List for Restricting Exports to China and Russia

Miller Canfield on

On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more

Morrison & Foerster LLP

Defense Bill Aims Additional Sanctions At Turkey, Russia, And China

Morrison & Foerster LLP on

One of the widest-ranging bills of the U.S. Congress’s legislative year, the National Defense Authorization Act for Fiscal Year 2021 (NDAA), is nearing the finish line as both the House and Senate overwhelmingly approved the...more

BCLP

U.S. Government Formalizes End of Preferential Treatment for Hong Kong, Imposes Additional Sanctions Measures Affecting China and...

BCLP on

The U.S. Government is continuing to implement measures under U.S. export controls and economic sanctions in response to China’s recent actions involving Hong Kong, including China’s enactment of a new national security law...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

Davis Wright Tremaine LLP

Congress Enacts the Export Controls Act of 2018, Extending Controls to Emerging and Foundational Technologies

As part of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2019, Public Law No: 115-232, Congress enacted the Export Controls Act of 2018 (“ECA”)....more

Skadden, Arps, Slate, Meagher & Flom LLP

Tightened Restrictions on Technology Transfer Under the Export Control Reform Act

On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more

Dorsey & Whitney LLP

Greater Scrutiny on Foreign Inbound Investments: Update on the Foreign Investment Risk Review Modernization Act of 2018

Dorsey & Whitney LLP on

After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more

Latham & Watkins LLP

New Law Governing Foreign Direct Investment in the United States Brings Significant Changes to CFIUS Review

Latham & Watkins LLP on

New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review. Key Points: ..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more

Eversheds Sutherland (US) LLP

The Foreign Investment Risk Review Modernization Act of 2018—stepping up national security reviews of foreign acquisitions

Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the President signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more

Nelson Mullins Riley & Scarborough LLP

International Law Bulletin - Vol. 22, No. 7

INTERNATIONAL BUSINESS AND TRADE - Dumping - U.S.: Imports of a type of polyester from Asia will face new anti-dumping duties of up to 50% under a recent International Trade Commission (ITC) ruling issued on July 19, 2018 ...more

WilmerHale

The US Tightens Export Controls Targeting China

WilmerHale on

On August 1, 2018, the US Department of Commerce Bureau of Industry and Security (BIS) published a Federal Register notice stating that the US government had identified 44 Chinese companies as acting contrary to US national...more

Dechert LLP

Senate Passes Substantial Changes to CFIUS and Votes to Re-Impose Sanctions on ZTE

Dechert LLP on

While the rules regarding CFIUS review have remained largely unchanged over the past decade, CFIUS has operated under a new paradigm in recent years. After the U.S. government blocked just two transactions from its inception...more

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