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National Security Export Control Reform Act (ECRA)

Morgan Lewis

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

Morgan Lewis on

With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more

Snell & Wilmer

The ENFORCE Act: Bipartisan Efforts to Decouple from China Target AI Export Controls

Snell & Wilmer on

Against the backdrop of increasing international competition in the artificial intelligence (AI) space, the Enhancing National Frameworks for Overseas Critical Exports Act (the ENFORCE Act) was recently introduced in the U.S....more

Fenwick & West LLP

Bipartisan Group Introduces Legislation to Control Exports of AI Systems

Fenwick & West LLP on

Overseas Critical Exports (ENFORCE) Act—a bill to expand the authority of the Bureau of Industry and Security (BIS) to control the export of artificial intelligence (AI) systems and other emerging technology with national...more

Wiley Rein LLP

BIS Strengthens Export Controls Targeting China’s Acquisition of Semiconductor Equipment, Advanced Computing Items, and...

Wiley Rein LLP on

For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more

Dorsey & Whitney LLP

Fundamental Research & National Security: Recent Developments & New Issues

Dorsey & Whitney LLP on

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

Snell & Wilmer

Voluntary Self-Disclosures: Update on Federal Agencies’ Efforts to Incentivize Self-Reporting Violations

Snell & Wilmer on

United States international trade regulatory agencies have updated voluntary self-disclosure (“VSD”) policies and guidance in an effort to incentivize private sector companies and individuals to self-report violations of U.S....more

Akin Gump Strauss Hauer & Feld LLP

BIS Has New Authorities to Impose Controls over Activities of US Persons in Support of Foreign Military, Security, or Intelligence...

Key Points - The Export Control Reform Act of 2018 has been amended to give BIS the authority to regulate services and other activities of U.S. persons, wherever located, when in support of foreign “military, security, or...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - December 2022 - U.S. Bill Introduced to Move Export Controls From Commerce to DTSA Is This a...

On October 28, 2022, on the eve of the mid-term elections, a bill was introduced in the House that, unless you are an export control/compliance nerd, most would not have given it any thought. This bill, H.R. 9241, called the...more

Morgan Lewis

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

Morgan Lewis on

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

Hogan Lovells

U.S. Government seeks to restrict biotechnology cooperation with China

Hogan Lovells on

The United States government is increasingly scrutinizing U.S. industry’s reliance on China for biotechnology research and development and manufacturing, and is taking steps to expand export control requirements on China that...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

King & Spalding

Protecting Americans’ Data from Foreign Surveillance Act

King & Spalding on

A bipartisan group of U.S. senators introduced legislation on June 23, 2022, to provide the federal government authority to limit or prevent the sale of Americans’ personal data to “high-risk” countries and malign foreign...more

Morgan Lewis

Could Sensitive Personal Data Become Export Controlled?

Morgan Lewis on

Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

Wiley Rein LLP

Commerce Calls for Comments on U.S.-EU Export Control Cooperation

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On November 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a notice of inquiry and request for comments on how U.S. and European Union dual-use export controls and practices may be...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - United States

White & Case LLP on

Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more

Wiley Rein LLP

White House Strategy on Critical and Emerging Technologies Previews Regulation and Possible Export Controls

Wiley Rein LLP on

On Thursday, October 15, 2020, the White House released a national strategy to ensure that the United States remains a global leader in developing critical and emerging technologies (C&ET). The document lays out high-level...more

Wiley Rein LLP

Commerce Publishes New Controls on Emerging Technologies

Wiley Rein LLP on

On October 5, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a rule implementing certain changes in the Export Administration Regulations (EAR) that were agreed upon in December 2019...more

Baker Donelson

CFIUS Update: Expanded Emphasis on U.S. Export Control Regulations

Baker Donelson on

The Committee on Foreign Investment in the United States (CFIUS or the Committee), an inter-agency government body tasked with reviewing certain types of foreign direct investment in the United States for national security...more

ArentFox Schiff

Commerce Launches Rulemaking Process on Foundational Technologies, Hints at Three Potential Areas of Control

ArentFox Schiff on

BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls. Two years...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Authorizes Sanctions and Restricts Trade with Hong Kong in Response to China’s New National Security Law

President Trump signs law authorizing sanctions on individuals and financial institutions and ends U.S. preferential treatment for Hong Kong. The Hong Kong Autonomy Act authorizes sanctions on foreign financial...more

Moore & Van Allen PLLC

New Treasury Department Regulations Expand CFIUS Authority

Moore & Van Allen PLLC on

The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting...more

The Volkov Law Group

DOJ Announces Voluntary Disclosure Program for Criminal Export and Sanctions Violations

The Volkov Law Group on

The Justice Department is often criticized for its lack of transparency.  But when it comes to policy changes or initiatives, DOJ is more than transparent – DOJ always tells the public what it plans to do and then does it....more

Polsinelli

CFIUS: Final FIRRMA Regulations Provide New Challenges, Opportunities for Foreign Investors

Polsinelli on

The Department of Treasury has released the final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which contain significant changes to the process by which the Committee on...more

Williams Mullen

Commerce Adopts Export Controls on Artificial Intelligence Software for Geospacial Imagery – Controls on Additional Technologies...

Williams Mullen on

On January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial...more

Proskauer Rose LLP

Treasury Issues Final CFIUS Rules Implementing FIRRMA: Updates to the Proposed Rules and Where FIRRMA Landed

Proskauer Rose LLP on

On January 13, 2020, the U.S. Department of Treasury issued final regulations (the "Final Rules") that implement most of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). While the Final Rules provide...more

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