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Foreign Entities National Security

Torres Trade Law, PLLC

The Corporate Transparency Act: Treasury’s New Back Door for Finding CFIUS Non-Notified Transactions

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Much has been written about the Corporate Transparency Act (“CTA”), which was enacted on January 1, 2021, and went into effect on January 1, 2024. Briefly, the CTA requires “reporting companies” to disclose beneficial...more

King & Spalding

Department of Treasury Issues Proposed Rule Covering Outbound Investments

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Regulations ultimately will implement a new program restricting certain investments related to China- On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Mayer Brown

US Senate Committee Passes Legislation to Prohibit Agencies from Awarding Contracts to Consulting Firms That Also Work for China...

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On May 15, 2024, the Senate Homeland Security and Government Affairs Committee (the “Committee”) passed an amended version of the “Time to Choose Act of 2024” (the “Act”) on a bipartisan 10-1 vote. If enacted, the legislation...more

Miller & Martin PLLC

Five Things to Consider When Doing Business with Foreign Companies

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Doing business with foreign entities can result in greater opportunities for U.S. businesses. Per the Tennessee Department of Economic and Community Development, the state is home to 1,000+ foreign-based companies. What if...more

Oberheiden P.C.

CFIUS Compliance Tips for 2024

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews foreign investments in U.S. businesses and real estate assets. The primary purpose of a CFIUS review is to examine any...more

Ankura

U.S. Department of Commerce Issues Proposed Rule Impacting AI and U.S. IaaS Providers to Counter Foreign Malicious Actors

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On January 29, 2024, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce issued a new proposed regulatory rule (the “Proposed Rule”), which will impose significant diligence, monitoring, and reporting...more

Venable LLP

Looming CTA Disclosure Requirements and Healthcare Providers

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The Federal Corporate Transparency Act (the CTA), 31 U.S.C. §5336, will soon require certain entities to disclose to the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) certain pieces of identifying information...more

Oberheiden P.C.

OFAC Compliance: Avoiding Common Root Causes of Compliance Policy Breakdowns and Deficiencies

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For financial institutions and businesses that are subject to the oversight of the Office of Foreign Assets Control (OFAC), compliance needs to be a priority in 2023. OFAC is playing an increasingly active role in overseeing...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

Lerman Senter PLLC

FCC Proposes Tightening International Section 214 Requirements

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The FCC is proposing wide-ranging changes to its international Section 214 authorization rules. Section 214 of the Communications Act provides the basic authorization for companies to provide regulated telecommunications...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

King & Spalding

Bank Failures May Raise CFIUS Issues

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Companies need to be aware of filing requirements before taking foreign money - On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more

Womble Bond Dickinson

New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets...

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The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP...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

Holland & Knight LLP

Mexican Bill May Allow Cabotage in Civil Aviation

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Mexican President Andrés Manuel López Obrador sent a draft bill on Dec. 15, 2022, to the Chamber of Deputies pursuing an amendment of the Airports Law and the Civil Aviation Law. The objective of the bill is to grant more...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

Houston Harbaugh, P.C.

Congress Passes The Protecting American Intellectual Property Act of 2022

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Pittsburgh, Pennsylvania Trade Secret and DTSALaw® | Lawyers | The Protecting American Intellectual Property Act | 2022 | S. 1294- In furtherance of the U.S. Government’s effort to protect American intellectual property, the...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

Lowenstein Sandler LLP

Startups Need a Grasp of U.S. Trade Controls

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Export control requirements, economic sanctions, foreign ownership rules, import restrictions — cross-border trade continues to get more complex. Do you know there are trade laws that restrict who you can do business...more

Womble Bond Dickinson

Administration's Anti-Corruption Efforts Likely to Yield Greater FCPA Enforcement in Latin America and Beyond

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On June 3 of this year, the Biden Administration made plain its commitment to fighting corruption around the world, releasing a document identifying the fight against corruption “as an economic and national security priority”...more

Wiley Rein LLP

[Webinar] 2021 National Security Series: The Foreign Agents Registration Act (FARA) and Recent Developments - June 8th, 2:00 pm -...

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FARA is a disclosure statute that seeks to ensure that all persons acting politically or quasi-politically on behalf of foreign entities in the United States properly disclose their activities to the U.S. government. In...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

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