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National Security Rulemaking Process

Davis Wright Tremaine LLP

Tried and Tested: FCC Rulemaking Proposes Heightened Restrictions on Entities Involved in Testing and Authorizing Tech and Telecom...

FCC seeks to protect telecommunications certification bodies, measurement facilities, and the equipment authorization program from national security threats posed by foreign adversaries....more

Cadwalader, Wickersham & Taft LLP

Treasury Proposes Enhancing CFIUS Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury announced a notice of proposed rulemaking that would expand the enforcement authority of the Committee on Foreign Investment in the United States (“CFIUS” or the...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

Lowenstein Sandler LLP on

What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 2 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

Mayer Brown

Commerce Considers ICTS-related Rules to Address Connected Vehicle Risks

Mayer Brown on

On March 1, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published an Advance Notice of Proposed Rulemaking1 (the “Notice”) seeking public comments on potential regulation of the...more

Bilzin Sumberg

Updates on Florida Law Restricting Foreign Ownership of Real Property: Proposed Rules and Shen v. Simpson

Bilzin Sumberg on

SB 264 (Chapter No. 2023-33, Laws of Florida) - which restricts some individuals and entities associated with China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from owning certain real property in Florida - has...more

Seward & Kissel LLP

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

Seward & Kissel LLP on

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

Perkins Coie

CISA Seeks Input on New Cybersecurity Reporting Requirements

Perkins Coie on

President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) on March 15, 2022. The background and contours of CIRCIA are discussed in a previous update. CIRCIA authorizes and...more

Pillsbury Winthrop Shaw Pittman LLP

Twelve Hours to Get It Right: The SEC Intensifies Its Focus on Cybersecurity

The SEC’s recent enforcement actions, public statements and proposed rulemaking indicate that cybersecurity will be an area of heightened focus for the Gensler Commission. New proposed rules would require public companies...more

Akin Gump Strauss Hauer & Feld LLP

President Biden Issues Executive Order to Overhaul Cyber and Software Supply Chain Security and Expand Incident Reporting for...

Key Points - On Wednesday, May 12, 2021, President Biden issued EO 14,028, “Improving the Nation’s Cybersecurity.” The EO sets out an ambitious schedule of reviews and rulemakings that portend significant changes in the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

FinCEN’s Proposed Rulemaking for Cryptocurrency – The Balance of National Security vs. Privacy

Just before the Christmas holidays, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed rulemaking entitled “Requirements for Certain Transactions Involving Convertible Virtual...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

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

Goulston & Storrs PC

Final Regulations Go Into Effect for CFIUS Jurisdiction Expansion

Goulston & Storrs PC on

The U.S. Department of Treasury has issued final regulations, which became effective February 13, 2020, implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)....more

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

Hogan Lovells on

After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...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

Stinson - Corporate & Securities Law Blog

CFIUS Excepted Investors: Canada, United Kingdom and Australia

On January 13, 2020, the U.S. Department of Treasury published final regulations relating to the Committee on Foreign Investment in the United States, or CFIUS.  The regulations implement the Foreign Investment Risk Review...more

ArentFox Schiff

CFIUS 2.0: Treasury Unveils Final Regulations to Govern Expanded Foreign Investment Screening

ArentFox Schiff on

On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more

Stinson - Government Contracting Matters

Securing the Information and Communications Technology Services Supply Chain – Proposed Department of Commerce Rule

The Department of Commerce (Commerce) recently issued a proposed regulation to better secure the United States’ information and communications technology and services (ICTS) supply chain. The ICTS supply chain supports how...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

ArentFox Schiff on

This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more

Jones Day

Facing FIRRMA: Proposed Regulations Expand Scope of CFIUS National Security Review Process

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury") proposed regulations that expand the jurisdiction of the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") to review foreign...more

Hogan Lovells

Proposed UAS Remote Identification Rule at White House for Review

Hogan Lovells on

White House doors now open to meeting with stakeholders about drone Remote ID - In a much anticipated development, the Department of Transportation has just sent to the White House Office of Information and Regulatory...more

Bracewell LLP

Big Changes on the Horizon for the Committee on Foreign Investment in the United States (CFIUS)

Bracewell LLP on

Last week, the Senate followed the House of Representatives in passing the John McCain National Defense Authorization Act for Fiscal Year 2019 (the “NDAA”), which President Trump is expected to sign into law very soon. The...more

Sheppard Mullin Richter & Hampton LLP

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

Best Best & Krieger LLP

Drone on Drones: Recent Crashes Raise Public Awareness of Security Threat From Drones

Two drone crashes in recent weeks have raised public safety concerns, as law enforcement and national security agencies grapple with how to prepare for — and respond to — illicit uses of unmanned aerial vehicles....more

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