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Export Controls Export Control Reform Act (ECRA) Committee on Foreign Investment in the United States

Adams & Reese

International Compliance Digest – November 2024

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While the incoming administration has blanketed the news cycle with newly threatened tariffs against typical targets like China, and against neighboring allies like Canada and Mexico, the current administration has quietly...more

Morgan Lewis

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

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With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more

Womble Bond Dickinson

Proposed Synthesis Controls Highlight Dual Impact of Section 1758 on U.S. Exports and Foreign Direct Investment

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Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments - Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...more

Hogan Lovells

U.S. Government seeks to restrict biotechnology cooperation with China

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The United States government is increasingly scrutinizing U.S. industry’s reliance on China for biotechnology research and development and manufacturing, and is taking steps to expand export control requirements on China that...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

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The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Morgan Lewis

Could Sensitive Personal Data Become Export Controlled?

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Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

Morrison & Foerster LLP

Commerce Department Plan to Nix “Emerging” and “Foundational” Technologies Distinction in Export Controls

Those who have been waiting to see how exactly the United States Department of Commerce will distinguish and ultimately control “emerging” and “foundational” technologies may not get an answer after all....more

Holland & Knight LLP

Commerce Department Proposes New Controls of Marine Toxins Exports

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The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on May 23, 2022, published in the Federal Register a proposed rule that would place unilateral export controls on four naturally occurring marine toxins...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - United States

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Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more

Goodwin

Commerce Department Proposes New Export Controls On Gene-Editing Software That Will Also Expand The Scope Of Mandatory CFIUS...

Goodwin on

On Friday, November 6, 2020, the Commerce Department’s Bureau of Industry & Security (BIS) issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding newly-proposed controls on certain software for...more

Wiley Rein LLP

White House Strategy on Critical and Emerging Technologies Previews Regulation and Possible Export Controls

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On Thursday, October 15, 2020, the White House released a national strategy to ensure that the United States remains a global leader in developing critical and emerging technologies (C&ET). The document lays out high-level...more

Baker Donelson

CFIUS Update: Expanded Emphasis on U.S. Export Control Regulations

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The Committee on Foreign Investment in the United States (CFIUS or the Committee), an inter-agency government body tasked with reviewing certain types of foreign direct investment in the United States for national security...more

Williams Mullen

Developments in Export Controls on “Emerging” and “Foundational” Technologies

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There have been a number of developments regarding increased export requirements for “emerging” and “foundational” technologies. The Bureau of Industry and Security (BIS) recently issued a final rule designating the first...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

Stinson - Government Contracting Matters

New Year, New Voluntary Self-Disclosure Policy for Export Controls and Sanctions

Several years ago, the head of the State Department’s Director of Defense Trade Controls (DDTC) explained that, when a company engaged in substantial exporting makes no voluntary disclosures of export control violations,...more

Wilson Sonsini Goodrich & Rosati

Artificial Intelligence Software Controlled for Export, Including to Foreign National Employees

On January 6, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released an interim final rule controlling the export of certain artificial intelligence software relating to geospatial imagery...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

ArentFox Schiff on

This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

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In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Eversheds Sutherland (US) LLP

Expanding the National Security review of foreign investments - Long-awaited regulations provide definitions, exceptions and some...

The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review...more

Kilpatrick

5 KEY TAKEAWAYS: What IP Professionals Need to Know About Export Controls

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Kilpatrick Townsend partner Gunjan Talati recently presented to clients on the topic of “What IP Professionals Need to Know About Export Controls” at the annual Kilpatrick Townsend Intellectual Property Seminar (KTIPS). KTIPS...more

K&L Gates LLP

U.S. International Trade and Investment Security Reviews: The Latest Developments

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OVERVIEW - - Oversight of Foreign Investment & Tech Transfer - CFIUS Reforms – FIRRMA - Investment Strategies FOREIGN INVESTMENT & TECH OVERSIGHT - - The Committee on Foreign Investment in the United States...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

Jones Day

Proposed Rulemaking Under ECRA Signals Tightening of Export Control Restrictions

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Signed into law in August 2018, the Export Control Reform Act ("ECRA") significantly alters U.S. export policy by placing new emphasis and potential controls on critical technologies essential to the nation's security. As...more

Orrick, Herrington & Sutcliffe LLP

Initiative to Designate “Emerging and Foundational Technologies” – Export Control and CFIUS Implications for Technology Companies

On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") published a notice of proposed rulemaking requesting public comment on the U.S. government's process for identifying "emerging...more

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