News & Analysis as of

Joe Biden Advanced Notice of Proposed Rulemaking (ANPRM)

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

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A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

Vinson & Elkins LLP

Outbound Investments Beware: President Biden Issues Executive Order Regarding U.S. Investments in China

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The U.S. Government has long made clear its desire to restrict certain outbound U.S. investments, but it was unclear whether a restriction would come through executive or legislative action. Last week, we received an answer —...more

Seward & Kissel LLP

United States Issues New Executive Order that Begins Rulemaking Process to Impose Regulations on Certain Outbound Investments in...

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On August 9, 2023, President Biden issued Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern.” The Executive Order targets certain U.S....more

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

King & Spalding on

Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

Paul Hastings LLP

New U.S. Outbound Investment Restrictions on High-Technology Sectors in China

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On August 9, 2023, President Biden issued a long-awaited Executive Order establishing the legal authority for the U.S. Department of Treasury (“Treasury Department”) to institute an unprecedented regulatory regime restricting...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - AUGUST 10, 2023

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On Aug. 9, President Joe Biden signed an Executive Order providing the framework for investment restrictions in China (including Hong Kong and Macau). The President has tapped the Department of the Treasury to oversee a...more

Morrison & Foerster LLP

High Walls and Small Gardens: Biden Administration Unveils Outbound Investment Screening

On August 9, 2023, President Biden issued a long-anticipated executive order (EO) to address investments by U.S. persons in companies that engage with certain categories of technology and products located in the People’s...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Lowenstein Sandler LLP

Trade Matters, January 2022: A monthly newsletter covering global trade & national security developments

1. New Import Ban on All Products From China’s Xinjiang Region- In late December 2021, President Biden signed the Uyghur Forced Labor Prevention Act into law. The new legislation creates a rebuttable presumption that any...more

Husch Blackwell LLP

A More Stringent NEPA May Be On The Horizon: Implications For Renewable Energy Developments

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Since the 1970s, the National Environmental Policy Act (“NEPA” or the “Act”) has required federal agencies to evaluate the environmental impacts of their proposed actions. Although NEPA was widely criticized from both sides,...more

Fox Rothschild LLP

EPA’s PFOA And PFOS “Hazardous Substance” Designation Process

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For the past several years, much attention has been focused on the United States Environmental Protection Agency’s (EPA) legal authority to respond to PFAS contamination. When EPA published its PFAS Action Plan in February...more

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