NDAA, China, Foreign Investment

U.S. Issues Unprecedented Order Restricting Investment in China

Torres Trade Law, PLLC on 2/3/2025

Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more

U.S. Policies on China to Watch in 2024

Brownstein Hyatt Farber Schreck on 1/8/2024

As the first session of the 118th Congress comes to a close, Congress unveiled a vast array of policy recommendations and legislation furthering their focus on U.S.-China strategic competition. Throughout the year, China...more

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

Wiley Rein LLP on 12/19/2023

Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on 11/2/2023

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Recent Updates on Foreign Investment Restrictions and Export Controls Governing Semiconductors, Quantum Computing and Artificial...

Pillsbury Winthrop Shaw Pittman LLP on 9/22/2023

Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...more

Akin Intelligence - September 2023

Akin Gump Strauss Hauer & Feld LLP on 9/18/2023

Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

Womble Bond Dickinson on 8/31/2023

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more

Outbound Investments Beware: President Biden Issues Executive Order Regarding U.S. Investments in China

Vinson & Elkins LLP on 8/21/2023

The U.S. Government has long made clear its desire to restrict certain outbound U.S. investments, but it was unclear whether a restriction would come through executive or legislative action. Last week, we received an answer —...more

Outbound Investment Order Adds New Wrinkle to U.S.-China Trade Dispute

Brownstein Hyatt Farber Schreck on 8/17/2023

On Aug. 9, 2023, President Biden signed an executive order (EO) that creates a policy to report and, in some cases, restrict outbound investments in national security technologies and products from the United States into...more

President Biden Signs Executive Order on Outbound Investment

Akin Gump Strauss Hauer & Feld LLP on 8/16/2023

Key Points - On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more

Biden Administration Issues Executive Order and Proposals Targeting Outbound Investment in China

Wiley Rein LLP on 8/16/2023

After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more

Outbound Investment Restrictions Will Impact Investments in China

BakerHostetler on 8/15/2023

On August 9, 2023, the President issued a widely anticipated executive order ("EO") establishing the framework for a U.S. outbound investment program to address threats to U.S. national security created by certain...more

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

Foley Hoag LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

U.S.-China Policy Update, July 2023 #2

Brownstein Hyatt Farber Schreck on 8/1/2023

Senate Adopts Outbound Investment NDAA Provision. On July 25, the Senate approved an amendment to the FY 2024 National Defense Authorization Act (NDAA) filed by Sens. John Cornyn (R-TX) and Bob Casey (D-PA) that would require...more

Congress Takes a Step Forward on Outbound Investment

Akin Gump Strauss Hauer & Feld LLP on 7/31/2023

The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more

All Eyes on China: Upcoming Restrictions on Outbound Investment

Pillsbury Winthrop Shaw Pittman LLP on 7/27/2023

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - February 14, 2023

Lowenstein Sandler LLP on 2/20/2023

1. Reverse CFIUS Expected To Be Narrow and Only Forward-Looking Laura Black, a former Treasury Department official, recently discussed how companies should prepare for any potential U.S. outbound investment review process....more

National Defense Authorization Act Implications for U.S. Sanctions Programs

Morrison & Foerster LLP on 12/15/2022

After months of negotiations, Congress revealed the compromise version of the National Defense Authorization Act for Fiscal Year 2023 (NDAA) on December 6, 2022. The bill, viewed as a “must-pass” piece of legislation because...more

Despite Setbacks, Strong Support Remains for “Outbound CFIUS” Legislation

Paul Hastings LLP on 7/28/2022

Efforts by a bipartisan group of U.S. lawmakers to establish a national security screening mechanism for investment in “countries of concern” (including the People’s Republic of China) were dealt a significant blow recently,...more

Biden Administration Carries Forward Trump Era Executive Order Scrutinizing Imports And Sales Of Certain Communications Technology...

Morrison & Foerster LLP on 4/2/2021

On March 22, 2021, the Department of Commerce (“Commerce”) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became...more

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