News & Analysis as of

National Security Supply Chain Foreign Adversaries

Wiley Rein LLP

FCC Bans “Bad Labs” Connected to Foreign Adversaries, Seeks Comment on Additional Restrictions for Equipment Authorization Program

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Continuing its efforts under Chairman Brendan Carr’s leadership to safeguard United States communications infrastructure from foreign threats, the Federal Communications Commission (FCC or Commission) adopted an Order and...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

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The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Morrison & Foerster LLP

Commerce Rings in New Year with Proposed Rulemaking on Drones

The Department of Commerce (Commerce) Office of Information and Communications Technology and Services (OICTS) has broad authority—born out of executive action during the first Trump administration—to identify and mitigate...more

Morgan Lewis

Securing the ICTS Supply Chain: Commerce Issues Final Rules Pursuant to EO 13873

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The US Department of Commerce (Commerce or DOC) on December 6, 2024 issued a final rule codifying its framework for reviewing Information and Communications Technology and Services (ICTS) transactions under Executive Order...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Focuses National Security Scrutiny on 'Connected Vehicle' Supply Chain

On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more

Pillsbury - Global Trade & Sanctions Law

China Year-in-Review: Supply Chains

This past year saw a continued trend in building supply chain resiliency, as this topic has grown increasingly important following Covid-19, the conflict in Ukraine, shifting landscape on tariffs, forced labor concerns and a...more

Wiley Rein LLP

Interim Rule Requires Contractors to Secure Supply Chains Involving Covered Articles and Sources Subject to FASC Exclusion and...

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WHAT: A new interim rule prohibits contractors from delivering or using covered articles and sources that are subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018...more

Hogan Lovells

Legislation to grant U.S. government sweeping authority over ICT-related national security threats

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On 7 March 2023, U.S. Senators Mark Warner and John Thune introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, sweeping legislation aimed at...more

Bradley Arant Boult Cummings LLP

Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews

President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more

Blank Rome LLP

The ICTS Supply Chain Rules: Towards a U.S.-China Tech Decoupling?

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A July 2022 report relayed the news that the U.S. Department of Commerce (Commerce) is investigating the installation of Huawei equipment into cell towers situated near U.S. military bases and missile silos, based on concerns...more

Skadden, Arps, Slate, Meagher & Flom LLP

Security Concerns Prompt Multiple Supply Chain Initiatives

Takeaways - As a national and economic security initiative, the Biden administration is developing policies to protect several critical supply chains. The Commerce Department is expected to take further measures to...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Proposes ICTS Changes for Connected Software Applications

Key Points - On November 26, 2021, the U.S. Department of Commerce issued a notice of proposed rulemaking related to “connected software applications” (“apps”) that aims to expressly incorporate transactions involving...more

Jones Day

Recent Executive Actions Represent Latest Evolution of U.S.-China Relations

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President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more

Akin Gump Strauss Hauer & Feld LLP

Biden Issues Executive Order Redirecting and Clarifying Scrutiny of Chinese Apps

Key Points - On June 9, President Biden signed an executive order (“EO”) revoking a series of Trump-era EOs targeting specific Chinese “connected software applications” (“apps”), including TikTok and WeChat. The EO calls...more

Davis Wright Tremaine LLP

Biden Administration Rescinds Trump's TikTok and WeChat Bans, Issues Two Executive Orders Highlighting Policies on Chinese Tech...

Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese...more

Wiley Rein LLP

Wireless Roundup (April 2021)

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Key Wireless Deadlines - FCC Requests Comment on Proposals to Address 911 Fee Diversion: Reply comments are due by April 2 on the Federal Communications Commission’s (FCC or Commission) Notice of Proposed Rulemaking to...more

Wilson Sonsini Goodrich & Rosati

Companies That Procure IT Products or Services from China, Russia, and Certain Other "Adversary" Nations May Face New National...

Earlier this year, the Department of Commerce (Commerce) published an interim final rule to address the security of the U.S. supply chain for information technology (the Rule). The Rule, which has now taken effect as of March...more

WilmerHale

New Commerce Rule Covering ICTS Transactions Involving Foreign Parties

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A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review commercial transactions between US and foreign parties for certain information and communications technology and services...more

ArentFox Schiff

Commerce Department Signals Tough Approach on China Under Controversial Trump Tech Supply Chain EO

ArentFox Schiff on

The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China. The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more

Jones Day

Commerce Department Rule Authorizes Review of ICTS Transactions Involving "Foreign Adversaries"

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The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more

Goodwin

Commerce Department Moves to Protect the Supply Chain for Information and Communications Technology and Services

Goodwin on

On January 19, 2021, the U.S. Department of Commerce published an interim final rule (the “ICTS Rule”) under former President Trump’s Information and Communications Technology and Services Executive Order issued in May 2019....more

Husch Blackwell LLP

Commerce Department Publishes Interim Final ICTS "Foreign Adversary" Rules

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Key Point: New rules will impact the use of equipment and digital services sourced from China and other “foreign adversaries” in a wide variety of transactions and activities that potentially pose a risk to U.S. national...more

Lowenstein Sandler LLP

Hypersonics Race Raises National Security Concerns For U.S. Businesses

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U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more

Orrick, Herrington & Sutcliffe LLP

U.S. Expands Export Restrictions Against Huawei

The U.S. government is expanding international trade restraints against Huawei Technologies Co. Ltd. (“Huawei”) and its affiliates in an effort to further restrict Huawei’s access to U.S. technologies.....more

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