News & Analysis as of

National Defense Authorization Act Trump Administration

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 -
Holland & Knight LLP

Potential Implications of a Trump Presidency for Unspent Out-Year Federal Appropriations

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During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the...more

Morrison & Foerster LLP

Congress Re-Enters the Nord Stream 2 Fight with Amendment to NDAA

In the latest turn of events in the seemingly never-ending political saga of the Nord Stream 2 pipeline, the U.S. House of Representatives (the “House”), via an amendment to the 2022 National Defense Authorization Act...more

Dorsey & Whitney LLP

Biden Administration Revises and Expands Restrictions on U.S. Person Investment in Chinese Companies and Releases New List of...

Dorsey & Whitney LLP on

The Biden Administration last week substantially modified restrictions on U.S. person investments in certain Chinese companies, focusing those new restrictions particularly on entities with ties to the Chinese defense or...more

Morrison & Foerster LLP

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

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

Dorsey & Whitney LLP

U.S. Court Blocks Trump-Era Trading Ban on Xiaomi Stock - 美国法院阻止特朗普对美国人投资小米的禁令

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The U.S. District Court for the District of Columbia recently ruled that certain securities trading restrictions will be prevented from going into effect with respect to Xiaomi Corporation (“Xiaomi”) under Section 1237 of the...more

Dorsey & Whitney LLP

Court Calls into Question Securities Trading Restrictions on Entities Designated as Communist Chinese Military Companies

Dorsey & Whitney LLP on

The U.S. District Court for the District of Columbia last week ruled that certain securities trading restrictions will be prevented from going into effect with respect to Xiaomi Corporation (“Xiaomi”) under Section 1237 of...more

Eversheds Sutherland (US) LLP

Xiaomi wins preliminary injunction enjoining enforcement of Trump-era securities trading ban

Xiaomi Corporation (Xiaomi), one of the world’s largest smartphone manufacturers, won a preliminary injunction from the DC District Court on March 12, 2021 that enjoined the US government from enforcing a Trump-era rule that...more

Morrison & Foerster LLP

U.S. Court Blocks Trump-Era Designation Of Xiaomi As A Chinese Military Company And Permits Continued Trading In Its Securities

On March 12, 2021, a U.S. district court granted a temporary injunction requested by the Hong Kong-listed, Chinese electronics giant, Xiaomi Corporation (“Xiaomi”). The injunction blocks the U.S. Department of Defense (“DoD”)...more

Miller Canfield

Recent Developments on U.S. Ban on American Investment in Chinese Military Companies

Miller Canfield on

This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters. OFAC's Frequent Asked Questions -...more

Morrison & Foerster LLP

OFAC 2020 Year In Review

In too many ways to count, 2020 was an extraordinary year. As we move into 2021 with optimism for an end to the pandemic and better days ahead, we understand that the activity last year of the U.S. Department of the...more

Proskauer Rose LLP

Chinese Military Companies Trading Ban: Overview of OFAC’s Ongoing Guidance

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On November 12, 2020, the Trump Administration issued an Executive Order prohibiting U.S. persons from trading securities and related derivatives in “Communist Chinese Military Companies” (CCMCs), effective 60 days later on...more

Foley Hoag LLP

The Corporate Transparency Act: What We Know, What We Don’t, and What to do Next

Foley Hoag LLP on

On January 1, 2021, Congress overrode President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021 (the "NDAA"), enacting the legislation into law. The NDAA includes the Corporate Transparency Act...more

Morrison & Foerster LLP

Trump Administration Continues Its Aggressive Approach Toward Chinese Military Company Sanctions

With just one week remaining in his term, President Trump amended Executive Order (“EO”) 13959, which prohibits U.S. persons from investing in the securities of Chinese Military Companies (“CMCs”), to continue his aggressive...more

Burr & Forman

Congressional Override Grants SEC 10-Year Statutory Disgorgement Remedy

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On the new year’s first day, Congress passed the NDAA over President Trump’s veto and gave the SEC more clear – and longer – disgorgement authority for enforcement actions in the courts....more

Cadwalader, Wickersham & Taft LLP

A New Year’s Booster Shot: Congress Grants the SEC a Statutory Disgorgement Remedy and Extended Statute of Limitations

Congress opened 2021 by overturning one of President Trump’s vetoes for the first time. By large bipartisan majorities, the House and Senate overturned a presidential veto and enacted the 2021 National Defense Authorization...more

Vinson & Elkins LLP

Congress Expands The Scope Of Anti-Money Laundering Rules—Disclosing Beneficial Owners Now Required – UPDATED January 2020

Vinson & Elkins LLP on

Update: On January 1, 2021, the Senate voted to override President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). The House had already voted to override the veto. The NDAA and its...more

Akin Gump Strauss Hauer & Feld LLP

New Executive Order Restricts U.S. Persons from Trading in Publicly Traded Securities and Derivatives of Certain “Communist...

Key Points - On November 12, 2020, President Trump issued a new EO prohibiting U.S. persons from engaging in transactions in publicly traded securities of certain CCMCs, or any securities that are derivative of, or are...more

Husch Blackwell LLP

What Does the Internet Of Things (IoT) Cybersecurity Improvement Act Mean For Government Contractors?

Husch Blackwell LLP on

On December 4, 2020 the President signed into law the IoT Cybersecurity Improvement Act of 2020, Pub. L. No. 116-207 (the “IoT Act”). The legislative purpose behind the new law is to ensure the highest level of cybersecurity...more

Morrison & Foerster LLP

Defense Bill Aims Additional Sanctions At Turkey, Russia, And China

Morrison & Foerster LLP on

One of the widest-ranging bills of the U.S. Congress’s legislative year, the National Defense Authorization Act for Fiscal Year 2021 (NDAA), is nearing the finish line as both the House and Senate overwhelmingly approved the...more

Mintz - ML Strategies

ML Strategies Lame Duck Update: Trade and China Tariffs

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With a dwindling number of in-session legislative days before the end of the current 116th Congress, the U.S. House of Representatives and Senate are working to conclude their work before adjourning at the end of the year....more

Wiley Rein LLP

Administration Releases New Executive Order Directing Federal Agencies on Artificial Intelligence (AI)

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On December 3, the President signed a new Executive Order (EO) on “Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government.” This EO follows up on the 2019 Executive Order on Maintaining American...more

Dorsey & Whitney LLP

Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military

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On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Imposes New Restrictions on Chinese Military Companies

On November 12, 2020, President Trump signed Executive Order 13959 prohibiting U.S. persons from engaging in any transaction in publicly traded securities in “Communist Chinese military companies” (CCMCs), effective January...more

Miller Canfield

President Trump Bans American Investment in Chinese Military Companies

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On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more

Eversheds Sutherland (US) LLP

Late-stage Trump Administration action bans transactions in publicly traded securities of Chinese military companies

On November 12, 2020, President Trump issued an executive order (Order) that effectively prohibits US persons from transacting in publicly traded securities of Chinese firms determined by the US government to be owned or...more

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