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Foreign Entities China National Security

Seward & Kissel LLP

DOJ Implements New Data Security Program: Data Transfer Restrictions with a National Security Focus

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Effective as of April 8, 2025, the National Security Division of the U.S. Department of Justice (DOJ) has implemented a Data Security Program (the DSP) to address national security risks associated with the transfer of...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

Fox Rothschild LLP

Investments in Chinese Technology Companies Limited by New US Outbound Investment Rule

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U.S. investors interested in investing in advanced Chinese technology companies may now be constrained by the U.S. Government’s first-ever outbound investment rule (Final Rule) which took effect on Jan. 2, 2025. The Final...more

Buchalter

The U.S. Finalizes Outbound Investment Restrictions on Technology Development

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Precedent-Setting Investment Restrictions – On January 2, 2025, the U.S. will start restricting foreign investments by U.S. persons in certain national security technologies. The Outbound Investment Rule and associated...more

Mintz

Multinational Patent Deal Complications

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Entering into a patent purchase transaction is complicated.  Not surprisingly, purchasing assets that include Chinese originated technology is even more complicated.  Before signing a deal, make sure the diligence period...more

Dorsey & Whitney LLP

Fundamental Research & National Security: Recent Developments & New Issues

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According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – July 2023 Update

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July saw two noteworthy Russia enforcement actions. A Russian national was arrested in Estonia and extradited to the United States after being charged with conspiring to procure U.S.-origin technologies and ammunition on...more

Pillsbury Winthrop Shaw Pittman LLP

Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants

The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks. The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more

Sheppard Mullin Richter & Hampton LLP

Potential Sanctions for Alleged Intellectual Property Theft on the Horizon?

On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more

Pillsbury Winthrop Shaw Pittman LLP

Significant Changes to the SBIR and STTR Programs

In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more

Morrison & Foerster LLP

Lawmakers Continue Push for Review of Outbound Investments

Revised draft legislation circulated June 13th is the most recent salvo in a long-running effort that is increasingly likely to create an unprecedented outbound investment review mechanism in the United States. ...more

Houston Harbaugh, P.C.

What Corporations Need to Know: CFIUS Review is Needed Before Initiating Intellectual Property Transactions With Foreign Companies

On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded the Committee on Foreign Investment in the Unites States’ (CFIUS) oversight scope. 31 C.F.R. §...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

K2 Integrity

China Announces “Provisions on the Unreliable Entity List”

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Summary - On September 19, China’s Ministry of Commerce (MOFCOM) released an administrative order – the “Provisions on the Unreliable Entity List” (“the UEL”) – that provides initial procedures for the designation of...more

Pillsbury Winthrop Shaw Pittman LLP

China’s Ministry of Commerce Publishes “Unreliable Entity List” Provisions

On September 19, 2020 (September 18, 2020 U.S. EDT), China’s Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (UEL Provisions), which took effect on the same date. On May 31, 2019,...more

Foley & Lardner LLP

DOE RFI for Trump Executive Order on Bulk-Power System Grapples with National Security Implications of Evolving U.S. Electrical...

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On July 8, 2020, the U.S. Department of Energy (“DOE”) released a Request for Information (“RFI”), requesting public comments by August 7 on Executive Order 13920 that President Trump issued on May 1, 2020, entitled:...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Adds 50 Foreign Entities to the Unverified List (and Removes 10)

• The Commerce Department’s Bureau of Industry and Security (BIS) has added 50 entities to its Unverified List (UVL). Thirty-seven of the newly listed entities are in China. BIS also removed 10 entities from the list that had...more

Orrick, Herrington & Sutcliffe LLP

Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations

On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more

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