News & Analysis as of

National Security Dual Use Goods

The Volkov Law Group

Israeli Freight Forwarder Sentenced to Two Years in Prison for Violating U.S. Export Controls on Aircraft Components to Russia

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The recent sentencing of Israeli freight forwarder Gal Haimovich to two years in federal prison for violations of U.S. export controls serves as a striking example of the aggressive enforcement posture adopted by U.S....more

Morrison & Foerster LLP

China’s New Export Control Framework: Key Changes for Dual-Use Items

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On December 1, 2024, two key components of China’s export control regime took effect: the “Regulations on Export Control of Dual-Use Items” (“DIR”) and the “Export Control List of Dual-Use Items” (the “Dual-Use Items List”)....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

American Conference Institute (ACI)

The Future of Plurilateral Agreements: Compliance Considerations

The evolution of critical and emerging technologies continues to affect how the United States and its international allies and partners uniformly protect against national security threats. For industry, the strengthening of...more

Hogan Lovells

China issues the regulations on the export control of dual use items

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On September 30, 2024, China’s State Council issued the Regulations on the Export Control of Dual-use Items (the “Regulations”), which will take effect on December 1, 2024. This marks the first time the Chinese government has...more

Orrick, Herrington & Sutcliffe LLP

China Issues Regulation on Export Control of Dual Use Items

China has issued the Regulation on Export Control of Dual-Use Items (the “Regulation”), which will take effect on December 1, 2024. The Regulation aims to provide clearer guidance for export control authorities’ law...more

Pillsbury Winthrop Shaw Pittman LLP

China Issues New Export Control Regulations on Civil-Military Dual-Use Items

The new export control regulations consolidate existing dual-use items export control regulations and aim to regulate the export of goods, technologies and services that can be used for both civilian and military purposes. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

US AI Industry Reporting for Duty: BIS Rule Would Require Quarterly Filings for ‘Dual-Use’ AI Models and Computing Clusters

On September 11, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule that would require U.S. persons to report certain activities related to the development or acquisition of...more

Morgan Lewis

Congress Considers Legislation to Shift Export Control Jurisdiction from the Department of Commerce

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Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more

Akin Gump Strauss Hauer & Feld LLP

The Recast Dual Use Regulation – A Missed Opportunity

Key Points - On 11 June 2021 the European Union (the “EU”) published Regulation (EU) 2021/821 (the “Recast Regulation”) in its Official Journal, which marked the final step with respect to modernizing its existing dual use...more

Jones Day

French Foreign Direct Investment Rules Set for Overhaul

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The Situation: The French government issued on December 31, 2019, new rules substantially revising the French Foreign Direct Investments ("FDI") regulation. These new provisions mostly implement the recent PACTE law and the...more

White & Case LLP

New expansion and clarification of Foreign Direct Investments control regime in France

White & Case LLP on

Further to the Decree of 29 November 2018, which expanded the list of strategic sectors, and to the so-called « PACTE » law of 22 May 2019, which strengthened the enforcement powers of French authorities with respect to the...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective - United Kingdom

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National security interventions have largely been confined to defense-related transactions - Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: France

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In December 2018, a new decree expanded the scope of the French national security review, especially in the technology sector In May 2019, the so-called “PACTE” Law strengthened the powers of French authorities in case of...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Finland

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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

Jones Day

Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight

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Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tightened Restrictions on Technology Transfer Under the Export Control Reform Act

On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Imposes New Sanctions in Response to the Skripal Assassination Attempt

On August 27, 2018, the U.S. Department of State implemented the first tranche of new sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act (the CBW Act). The enactment of these...more

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