News & Analysis as of

National Security Technology Sector Comment Period

Jenner & Block

Client Alert: White House Advances Development of New Artificial Intelligence Action Plan and R&D Strategy

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Recent activity by the White House Office of Science and Technology Policy (OSTP) highlights the Federal government’s ongoing focus on US leadership in artificial intelligence (AI) and opportunities for public input. On April...more

Holland & Knight LLP

BIS Proposes Rule to Secure Connected Vehicle Supply Chains from Foreign Adversary Threats: Rule Will Create New Compliance...

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The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more

Holland & Knight LLP

Treasury Department Issues Long-Awaited Proposed Rule on Outbound Investment Screening

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The U.S. Department of the Treasury's Office of Investment Security on June 21, 2024, issued a Notice of Proposed Rulemaking (Proposed Rule) implementing Executive Order (E.O.) 14105 that was announced on Aug. 9, 2023,...more

Sheppard Mullin Richter & Hampton LLP

Department of Commerce Initiates Investigation into Chinese-Made “Connected Vehicles”: Potential Prohibitions on Certain...

On February 29, 2024, the Biden administration issued a statement addressing the national security risks to the U.S. auto industry directing the Department of Commerce to conduct an investigation into Chinese made “connected...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Seeks Comment on Restrictions on ‘Connected Vehicle’ Components From ‘Foreign Adversaries’

The U.S. Department of Commerce is soliciting comment on possible restrictions on “connected vehicle” components obtained from “foreign adversaries.” On March 1, 2024, the department’s Bureau of Industry and Security (BIS)...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Department Extends Export Controls over Foreign-Made Items in Huawei’s Contract Manufacturing Supply Chain

- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Offers 15-Day Comment Period on Huawei TGL and Extends Validity Until May 15, 2020

- BIS extended until May 15, 2020, the Temporary General License authorizing certain exports, reexports, and transfers to Huawei and other listed affiliates of specific types of items that are relevant to third parties. -...more

Akin Gump Strauss Hauer & Feld LLP

BIS Publishes a Temporary Unilateral Control on a Type of Machine Learning Software for Automating Analyses of Geospatial Imagery...

Key Points - On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

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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

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

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In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Sheppard Mullin Richter & Hampton LLP

Where’d You Get Your Tech? New Rules May Allow the U.S. Government to Unwind Your Latest IT Purchase

On November 26, 2019, the U.S. Department of Commerce issued a proposed rule that could change how you procure IT goods and services. The rule would allow the Commerce Department to review your company’s purchase of...more

ArentFox Schiff

US Administration Tests the Water on New Unheard-of Government Review of International Technology Transactions

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Under this new evaluation process, Commerce can prohibit companies from engaging in a wide variety of transactions and order them to cease using the information technology or telecommunication system in question even if it is...more

Sheppard Mullin Richter & Hampton LLP

Comment Deadline Extended: Export Controls on Emerging Technologies

• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below). • You may submit comments on the criteria the U.S. government will use to determine what technologies...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Gives Industry 30 Days to Provide Comments Regarding Possible Export Controls over Emerging Technologies

• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more

Sheppard Mullin Richter & Hampton LLP

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls...

Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more

Akin Gump Strauss Hauer & Feld LLP

DDTC and BIS Solicit Comments Regarding Controls over Explosives, Personal Protective Equipment, and Military and Intelligence...

• DDTC and BIS have published concurrent NOIs requesting public comments on the controls over the export and reexport of explosives, personal protective equipment, and military and intelligence electronics. (By volume and...more

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