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Final Rules Semiconductors

ArentFox Schiff

BIS Implements Additional Due Diligence Measures for Front-End Fabricators and Outsourced Semiconductor Assembly and Test...

ArentFox Schiff on

This January 16 interim final rule by the US Department of Commerce’s Bureau of Industry and Security (BIS) imposes a broader license requirement on two types of parties: “front-end fabricators” and Outsourced Semiconductor...more

Robinson & Cole LLP

Legal Update: Final Rule Implementing U.S. Outbound Investments Restrictions Goes into Effect

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On October 28, 2024, the U.S. Department of Treasury (Treasury Department) published a final rule (Final Rule) setting forth the regulations implementing Executive Order 14150 of August 9, 2023 (Outbound Investment Order),...more

Wilson Sonsini Goodrich & Rosati

New BIS Rule Expands Export Controls and Due Diligence Requirements for Advanced Computing Integrated Circuits

As part of its ongoing efforts to thwart China's development of advanced computing technologies, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule (the IFR) last month that...more

WilmerHale

Hic Sunt Dracones: Biden’s BIS Issues Last Minute Export Controls, Most of Which Appear to Escape Trump’s Regulatory Freeze

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In the last few days of the Biden Administration, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a flurry of new, noteworthy rules targeting national security risks in the science and...more

WilmerHale

BIS Issues Export Control Compliance Requirements for Semiconductor Fabricators

WilmerHale on

On January 15, 2025, BIS issued an interim final rule controls targeting integrated circuits (“ICs”) fabricators. BIS is concerned that some IC designers have misrepresented the performance capabilities and intended end use...more

Foley Hoag LLP

Understanding the U.S.’s New Outbound Investment Rules - January 2025

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Effective in January 2025, the U.S. Department of the Treasury issued a final rule (colloquially known as “Reverse CFIUS”) implementing the Outbound Investment Program, which prohibits U.S. persons from making certain...more

Seward & Kissel LLP

New Restrictions on Investments into Chinese Entities: Considerations for Advisers, Private Funds, and Investors

Seward & Kissel LLP on

U.S. law has long subjected foreign investments into the U.S. to review and restriction by the Committee on Foreign Investment in the United States (“CFIUS”), but outside of economic sanctions programs, has typically not...more

DLA Piper

Commerce Department Unveils New Rules on Responsible Diffusion of Artificial Intelligence Technology

DLA Piper on

During its last week before the inauguration, the Biden Administration issued significant and complex new export controls on semiconductors and related technology for artificial intelligence (AI) applications worldwide. These...more

Vinson & Elkins LLP

Sweeping New Framework Expands BIS Export Controls on Advanced Computing ICs and AI Technologies

Vinson & Elkins LLP on

On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its Framework for Artificial Intelligence Diffusion, an Interim Final Rule revising the Export Administration Regulations...more

Miller Canfield

U.S. Treasury Department’s Final Rule on Outbound Investment Takes Effect

Miller Canfield on

On January 2, 2025, the U.S. Department of the Treasury’s Final Rule on outbound investment screening became effective. The Final Rule implements Executive Order 14105 issued by former President Biden on August 9, 2023, and...more

ArentFox Schiff

The Parting Blow – Biden Administration Issues Sweeping Export Controls on AI Models and Advanced Chips

ArentFox Schiff on

The US Department of Commerce’s Bureau of Industry and Security (BIS) introduced its long-anticipated (some would say dreaded) Framework for Artificial Intelligence Diffusion (the AI Diffusion Rule) on January 15. Highlights...more

Holland & Knight LLP

Outbound Investment Screening Rule Goes into Effect

Holland & Knight LLP on

The U.S. Department of the Treasury's Final Rule on outbound investment screening went into effect on Jan. 2, 2025. The Final Rule establishes a much-awaited outbound investment screening regime, implementing Executive Order...more

Torres Trade Law, PLLC

New Rules Further Restrict China’s Access to Semiconductor Technology

On December 2, 2024, the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) issued two new rules further restricting China’s capability to produce advanced semiconductors. One final rule (the “Entity List...more

Mayer Brown

US China Trade Monthly - December 2024

Mayer Brown on

As global economic and geopolitical environments enter a new era, companies need to continuously develop and adjust their coherent global business strategies to secure and further expand business opportunities in all markets...more

Lowenstein Sandler LLP

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Issues Final Regulations Prohibiting Certain US Investment in Chinese Technology Companies

On November 15, 2024, the U.S. Department of the Treasury published the final rule implementing President Biden’s August 9, 2023 Executive Order on outbound investment, which addresses concerns related to China’s advancement...more

ArentFox Schiff

As the (Customs and Trade) World Turns: November 2024

ArentFox Schiff on

Welcome to the November 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Proskauer - Regulatory & Compliance

U.S. Department of the Treasury issues final regulations implementing Executive Order 14105 Targeting Tech Investment in China

On October 28, 2024, the U.S. Department of the Treasury (Treasury) issued final regulations (“Final Rule”) implementing Executive Order 14105, which addresses investments by U.S. persons in certain identified technologies in...more

Orrick, Herrington & Sutcliffe LLP

Treasury Publishes Final Outbound Investment Restrictions With Focus on Tech Sector and China

On October 28, 2024, the U.S. Department of the Treasury issued its final outbound investment rule, which implements Executive Order 14105, prohibiting certain outbound investments by U.S. persons in Chinese and China-related...more

Pillsbury Winthrop Shaw Pittman LLP

The Treasury Department Finalizes U.S. Outbound Investment Rules

The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk. The regulations have broad...more

Mayer Brown

US Department of the Treasury Issues Final Rule to Regulate Outbound Investments

Mayer Brown on

On October 28, 2024, the US Department of the Treasury (“Treasury”) issued a Final Rule to require the notification or prohibition of certain outbound investments and other transactions by US persons involving persons of...more

Sheppard Mullin Richter & Hampton LLP

At Long Last, Final Rule for Outbound Investment Regulations Published

On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations. The rule arrives a little over a year after Executive Order 14105,...more

Morrison & Foerster LLP

Up and Running – Treasury Publishes Final Rules for Outbound Investment Security Program

Morrison & Foerster LLP on

Following years of development, on October 28, 2024, the U.S. Department of the Treasury published a final rule establishing its outbound investment security program (Final Rule). The new regime prohibits certain outbound...more

Holland & Knight LLP

Treasury Department Issues Final Section 48D Guidance on CHIPS Act Semiconductor Tax Incentive

Holland & Knight LLP on

The Chips and Science Act of 2022 (CHIPS Act) added Section 48D to the Internal Revenue Code (Code) to incentivize the manufacture of semiconductors and semiconductor manufacturing equipment in the U.S. The credit is equal to...more

Holland & Knight LLP

Treasury Department, IRS Release Final Regulations on Direct Pay Under CHIPS Act Section 48D

Holland & Knight LLP on

The Chips and Science Act of 2022 (CHIPS Act) added Section 48D to the Internal Revenue Code to incentivize the production of semiconductors and semiconductor manufacturing equipment in the United States. The credit is equal...more

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