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National Defense Authorization Act › Foreign Investment

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
Torres Trade Law, PLLC

U.S. Issues Unprecedented Order Restricting Investment in China

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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

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

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On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Brownstein Hyatt Farber Schreck

U.S. Policies on China to Watch in 2024

Brownstein Hyatt Farber Schreck on

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

Wiley Rein LLP

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

Wiley Rein LLP on

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

Fox Rothschild LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

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

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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 Gump Strauss Hauer & Feld LLP

Akin Intelligence - September 2023

Akin Gump Strauss Hauer & Feld LLP on

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Wiley Rein LLP

CFIUS Releases 2022 Annual Report as Congress Considers Expanding CFIUS Jurisdiction

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Brownstein Hyatt Farber Schreck

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

Brownstein Hyatt Farber Schreck on

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

Akin Gump Strauss Hauer & Feld LLP

President Biden Signs Executive Order on Outbound Investment

Akin Gump Strauss Hauer & Feld LLP on

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

Wiley Rein LLP

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

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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

BakerHostetler

Outbound Investment Restrictions Will Impact Investments in China

BakerHostetler on

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

Foley Hoag LLP

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

Foley Hoag LLP on

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

Brownstein Hyatt Farber Schreck

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

Brownstein Hyatt Farber Schreck on

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

Akin Gump Strauss Hauer & Feld LLP

Congress Takes a Step Forward on Outbound Investment

Akin Gump Strauss Hauer & Feld LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

All Eyes on China: Upcoming Restrictions on Outbound Investment

Pillsbury Winthrop Shaw Pittman LLP on

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

Jackson Lewis P.C.

Three-Year Foreign Domicile Requirement for E-Visa Applicants

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A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs....more

King & Spalding

U.S. Commerce Department Launches First CHIPS for America Funding Opportunity

King & Spalding on

Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively - On August 9, 2022, President Joseph R. Biden signed...more

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Morrison & Foerster LLP

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

Morrison & Foerster LLP on

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

King & Spalding

The CHIPS Plus Act Promises Support and Incentives for Semiconductor Manufacturing in the United States

King & Spalding on

On August 9, 2022, President Joseph R. Biden signed the CHIPS and Science Act of 2022 (the “CHIPS Plus Act”). As enacted, the CHIPS Plus Act amends legislation and appropriates funding for semiconductor incentives originally...more

Paul Hastings LLP

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Congress Reportedly Advances Broad Proposal for Outbound Screening of US Investments in Identified Countries of Concern, Including...

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Bipartisan, bicameral support is mounting for legislation that would create a mandatory outbound investment screening regime to review U.S. investments in China and other countries identified by Congress as countries of...more

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