News & Analysis as of

National Security

2018 NDAA Analysis: Acquisition Workforce Improvements

by Holland & Knight LLP on

This is the sixth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Big Brother is Watching You: Feds Now Vetting Foreign Workers Via Social Media

by Akerman LLP - HR Defense on

Employers may need to start “following” the information their foreign national workers share on Twitter or Facebook, as the Department of Homeland Security is turning social media into the federal government’s latest...more

Foreign Agents Registration Act Enforcement

by Michael Volkov on

One consequence of the ongoing Russia investigation against the current administration is increased focus and probable enforcement of the Foreign Agents Registration Act (FARA). For Washington insiders, FARA was a known...more

Sweeping Implications for CFIUS Reform: Bipartisan FIRRMA Legislation Gains Traction

by Baker Donelson on

As President Trump met with Chinese President Xi Jinping on November 9 at the Great Hall of the People in Beijing, he surprised many by giving China "great credit" for "taking advantage of" the United States on key...more

Congress Proposes Increased Scrutiny on Foreign Investments in the U.S.

by Kelley Drye & Warren LLP on

A bipartisan group of co-sponsors in both the House and the Senate recently introduced the Foreign Investment Risk Review Modernization Act (“FIRRMA”). These substantively identical bills demonstrate that Congress is now...more

Italy Enacts New Anti-Raider Rules to Protect Strategic Assets

by Jones Day on

The Situation: Recent foreign investments in Italian blue chips led the Italian government to intervene to protect strategic assets. The Result: Decree 148/2017 introduced new disclosure requirements regarding...more

Ninth Circuit Approves Latest Travel Ban, in Part

by Littler on

The U.S. Court of Appeals for the Ninth Circuit has lifted, in part, a district court's injunction that temporarily blocked enforcement of the Trump administration's latest travel ban....more

Red Notice Newsletter - November 2017

ANTICORRUPTION DEVELOPMENTS – SBM Offshore N.V. Agrees to Pay $238 Million to Resolve DOJ FCPA Enforcement Action - On November 29, 2017, SBM Offshore N.V. (SBM), a Netherlands based company specializing in the...more

2018 NDAA Analysis: The Limits of the 2018 NDAA’s Report on Procurement Fraud

by Holland & Knight LLP on

This is the fifth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

U.S. Government Takes Steps Toward Implementation of Sanctions on Russia

by Jones Day on

The United States has taken significant steps toward fully implementing the sanctions imposed on Russia pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017, which codifies and strengthens certain...more

National security reviews 2017: A global perspective — Finland

by White & Case LLP on

Deals are generally not blocked in Finland - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization and competitiveness. Deals are only restricted when they meet very...more

2018 NDAA Analysis: New Mandate to Use Private Accounting Firms to Audit Incurred Cost Submissions

by Holland & Knight LLP on

This is the fourth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

National security reviews 2017: A global perspective — United States

by White & Case LLP on

Deals are generally approved, but reviews are often taking longer and transactions are being scrutinized rigorously - The Committee on Foreign Investment in the United States (CFIUS), which is led by the US Department of...more

National security reviews 2017: A global perspective — Russian Federation

by White & Case LLP on

2017 amendments to Russian foreign investment laws potentially require approval of any transaction by any foreign investor regarding any Russian company to ensure national defense and state security...more

White House Announces Vulnerabilities Equities Policy and Process

by Balch & Bingham LLP on

On November 15, 2017, the Trump administration released the Vulnerabilities Equities Policy and Process. This documents describes the process by which U.S. agencies and departments determine whether to disclose or restrict...more

Congress Moves to Authorize FOCI Whitelisting Program

by Holland & Knight LLP on

• The U.S. Senate agreed on Nov. 16, 2017, to a conference report with respect to H.R.2810 – National Defense Authorization Act for Fiscal Year 2018. The bill provides for a review regarding the applicability of Foreign...more

Proposed Legislation Would Expand CFIUS Jurisdiction Over Foreign Investment

by Reed Smith on

Recently introduced, bipartisan legislation to reform the process and jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) promises the most meaningful change to CFIUS in over a decade. The...more

Global Privacy & Cybersecurity Update Vol. 16

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

The Rise of Western Protectionism Is Set to Impact Global M&A

by Proskauer Rose LLP on

This year has seen a surge in western protectionist sentiment as a number of countries have sought to introduce legislation to tighten their laws on foreign investment and public interest issues. In Europe, the European...more

National security reviews 2017: A global perspective — France

by White & Case LLP on

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries...more

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...more

Defense Security Service Puts Phone Log Requirement on Hold

by Holland & Knight LLP on

The Defense Security Service (DSS) on Nov. 8, 2017, issued a Memorandum for Cleared Companies Operating Under Foreign Ownership, Control or Influence Mitigation Agreements Administered by the Defense Security Service. The new...more

The Sanctions and Anti-Money Laundering Bill

by DLA Piper on

On Wednesday 18 October 2017, the UK Government introduced the Sanctions and Anti-Money Laundering Bill (the "Sanctions Bill") into Parliament. The Sanctions Bill received its second reading in the House of Lords on 1...more

National security reviews 2017: A global perspective — Italy

by White & Case LLP on

Deals are generally not blocked by the Italian Government. However, in connection with the clearance process, conditions may be imposed that can have a significant impact on the investment...more

Three Key Aspects of the Proposed Reform to the CFIUS Process

On November 8, 2017, members of the U.S. House and Senate introduced companion legislation that would update the Committee on Foreign Investment in the U.S. (“CFIUS”) and the national security review process. The bill,...more

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