News & Analysis as of

National Security

Preventing Emerging Threats Act Introduced

Last week, a group of U.S. Senators introduced the “Preventing Emerging Threats Act of 2018” which would give the U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) the ability to take action...more

Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical...

by Morrison & Foerster LLP on

Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee approvals in the House and Senate today. The proposed legislation...more

As Congress Examines Telecommunications Industry Challenges, Threats To Competition And National Security Remain Key Focus Areas

by King & Spalding on

Last Wednesday, May 16, the House Energy & Commerce Committee’s Communications and Technology Subcommittee (the “Subcommittee”) held a hearing entitled, “Telecommunications, Global Competitiveness, and National Security,”...more

Balancing Creativity With Exclusivity: How Companies Encourage Innovation While Protecting Intellectual Property

by Seyfarth Shaw LLP on

On Friday, May 18, Eric Barton participated in a panel discussion at the 2018 ITechLaw World Technology Conference, updating attorneys from around the globe on the latest developments in cyber vulnerabilities and crime. In...more

CFIUS Reform Legislation Update

by Jones Day on

On May 11, 2018, the U.S. Senate Committee on Banking, Housing and Urban Affairs ("Committee") released a "discussion draft" of the Committee's amendment to the Foreign Investment Risk Review Modernization Act of 2017...more

Congress to Expand Scope of Foreign Investments and Transactions Needing CFIUS Review

On May 22, the Senate Banking Committee and House Financial Services Committee are each expected to consider and approve similar but not identical pieces of legislation to modernize the jurisdiction and operation of the...more

Greater National Security Scrutiny At The Heart Of New UK Merger Control Reforms

This week the UK Government enacted two new orders which change the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition & Markets Authority (“CMA”) and the...more

The Coming Storm? CFIUS Reform and Considerations for Private Equity

by Dechert LLP on

As the United States Congress debates new legislation to strengthen reviews of cross-border transactions for potential national security concerns, the Committee on Foreign Investment in the United States (CFIUS or the...more

Impact of U.S. Withdrawal from the Iran Nuclear Deal

by Jones Day on

The Situation: On Tuesday, May 8, 2018, President Trump announced that the United States has withdrawn from the Iran Nuclear Deal and will fully reimpose its suspended sanctions targeting Iran. The Result: All currently...more

United States Withdraws from Iran Nuclear Deal, Will Re-Impose Sanctions on Iran After Wind Down

by White & Case LLP on

On May 8, 2018, President Trump announced the withdrawal of the United States from the Joint Comprehensive Plan of Action (JCPOA), agreed to by the P5+1 (China, France, Russia, the United Kingdom and the United States, plus...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS – Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) – On April 23, the Dun & Bradstreet...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS – Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) – On April 23, the Dun & Bradstreet...more

Chinese Telecom Companies in Hot Water

“Chinese cyber espionage and cyber-attack capabilities will continue to support China’s national security and economic priorities,” as stated by Dan Coats, the Director of National Intelligence “Americans should not buy...more

FCC Sets Sights on China

As yet another example of the U.S. government’s ongoing concerns about the potential vulnerability of U.S. telecommunications networks and supply chains, the FCC recently released a Notice of Proposed Rulemaking (NPRM)...more

U.S. Sanctions Under the Trump Administration – International Trade Implications

by BakerHostetler on

The Trump Administration has been active on the sanctions front as a means of asserting U.S. foreign policy and national security interests. Congress has also taken an increasingly active and direct role of late, beyond its...more

Red Notice Newsletter - April 2018

ANTICORRUPTION DEVELOPMENTS – Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) – On April 23, the Dun & Bradstreet...more

ZTE Trade Controls Denial Order – Four Crucial Points

On April 15, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") imposed a "denial order" against Zhongxing Telecommunications Equipment Corporation ("ZTE Corporation") and ZTE Kangxun...more

President Continues 232 Exemptions For Certain Countries, Announces Quota On Imports Of Steel From South Korea

by Husch Blackwell LLP on

On April 30, 2018, the President issued two new Proclamations regarding the 232 tariffs imposed on imports of steel and aluminum articles into the United States. The new Proclamations modify the previous steel and aluminum...more

Buy American, Pack American: The New Conventional Arms Transfer Policy

On April 19, 2018, President Trump issued National Security Presidential Memorandum No. NSPM-10 (the “Memorandum”), which outlined a new Conventional Arms Transfer (“CAT”) Policy. Based on announcements from administration...more

Is Your Business Impacted by Tariffs?

by Gray Reed & McGraw on

Last month’s back-and-forth between the United States and China resulted in a flurry of proclamations establishing tariffs on imports from the respective countries. We’re here to help boil it down so you know whether your...more

Status of CFIUS Reform Legislation

by Latham & Watkins LLP on

New Legislation to Reform the Committee on Foreign Investment in the United States Remains a Strong Possibility Key Points: ..Reform legislation sponsors appear willing to address some concerns with the original...more

NIST Releases Updated Version Of Its Cybersecurity Framework

by Jackson Lewis P.C. on

On April 17th, the National Institute of Standards and Technology (“NIST”), a component of the U.S. Commerce Department, released Version 1.1 of the Framework for Improving Critical Infrastructure Cybersecurity...more

Future of the Automotive Sector in Europe, China and the United States

by Foley & Lardner LLP on

Given the pace of change in the automotive industry and related technologies, combined with increasing regulatory scrutiny, what risks and challenges can the global automotive industry expect to deal with in 2018 and beyond...more

Big Brother to Review Visa Applicants’ Social Media History?

by Akerman LLP - HR Defense on

Handing over access to your social media account might be the next big move in U.S. immigration law. In a formal notice issued on March 30, 2018, the Department of State advised that it plans to require nearly all visa...more

US Hammers ZTE with Export Denial Order, May Further Weaken Trade with China

by Bass, Berry & Sims PLC on

• 7-year denial order imposed against Chinese telecommunications equipment maker • Denial order strictly limits business with company • Action comes as U.S. imposes other trade restrictions on China On April 16, U.S....more

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