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Prohibited Transactions National Security Technology Sector

Robinson & Cole LLP

Legal Update: Final Rule Implementing U.S. Outbound Investments Restrictions Goes into Effect

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On October 28, 2024, the U.S. Department of Treasury (Treasury Department) published a final rule (Final Rule) setting forth the regulations implementing Executive Order 14150 of August 9, 2023 (Outbound Investment Order),...more

Miller Canfield

U.S. Treasury Department’s Final Rule on Outbound Investment Takes Effect

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On January 2, 2025, the U.S. Department of the Treasury’s Final Rule on outbound investment screening became effective. The Final Rule implements Executive Order 14105 issued by former President Biden on August 9, 2023, and...more

Buchalter

The U.S. Finalizes Outbound Investment Restrictions on Technology Development

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Precedent-Setting Investment Restrictions – On January 2, 2025, the U.S. will start restricting foreign investments by U.S. persons in certain national security technologies. The Outbound Investment Rule and associated...more

Fenwick & West LLP

Compliance Deadline Approaches for New Regs Targeting U.S. Investment in Chinese AI, Semiconductors, Quantum Tech

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On November 15, the U.S. Department of the Treasury published final regulations to implement its long-awaited “Outbound Investment” Security Program, which the Biden Administration originally introduced in August 2023 under...more

DLA Piper

Treasury Finalizes Rule Restricting US Outbound Investment in China, Including Hong Kong and Macau

DLA Piper on

On October 28, 2024, the US Treasury Department announced the Final Outbound Investment Rule implementing President Joe Biden’s August 2023 “Outbound Order” (Executive Order 14105). The Outbound Order and associated Final...more

Latham & Watkins LLP

Final US Outbound Investment Rules to Be Effective January 2, 2025: Key Questions Answered

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The Final Rule prohibits or requires notification of certain US investments in Chinese and Chinese-controlled entities involved in semiconductors, quantum information technologies, and artificial intelligence....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

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

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The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Mintz - Antitrust Viewpoints

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments. The proposed rule seeks to “prevent countries of concern...more

Polsinelli

Biden Administration Unveils New Outbound Investment Security Program, Which Will Prohibit U.S. Investments in China Relating to...

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On August 9, 2023, the Biden Administration took the first significant steps towards implementing a new regime to restrict and regulate U.S. investments in certain Chinese technology sectors. The President released...more

White & Case LLP

President Biden Orders Establishment of New Program to Restrict US Outbound Investment in Certain Tech Sectors in China

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On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more

Jenner & Block

Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

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On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the...more

Goodwin

Charlie Brown Finally Kicks the Football: US Outbound Investment Program Will Target China’s Semiconductor, Quantum Computing, and...

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After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more

Holland & Knight LLP

Long-Awaited Executive Order Targets U.S. Outbound Investment in China

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The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more

Eversheds Sutherland (US) LLP

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more

Pillsbury - CommLawCenter

FCC Releases List of Communications Equipment and Services Raising National Security Risks

Bringing to a close the process initiated with the adoption of the Secure and Trusted Communications Act of 2019, the FCC’s Public Safety and Homeland Security Bureau released its list of communications equipment and services...more

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Reviewing Comments on Interim Final ICTS Rule

Key Points - On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

PilieroMazza PLLC

Prohibitions on Use of Some Chinese Telecommunications Equipment by Government Contractors Effective August 13, 2020

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Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019—prohibiting government agencies and government contractors they work with from using certain covered telecommunications...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

Goodwin

U.S. Limits Huawei’s Access to Foreign-Produced Items and Announces Final 90-Day Extension to Temporary General License

Goodwin on

On May 15, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule amending the Export Administration Regulations (EAR) to prohibit the supply of certain foreign-produced...more

Kelley Drye & Warren LLP

FCC Continues Supply Chain Protection Efforts; ETCs to Report on Huawei and ZTE Use by April 22, 2020

The Federal Communications Commission (“FCC”) is acting swiftly on efforts to protect the communications supply chain from entities posing a national security threat. In a Public Notice (“Public Notice”) released yesterday,...more

Faegre Drinker Biddle & Reath LLP

Current “Whole of Government” Approach to Perceived National Security Risks from Chinese Technology Reflected in the FCC’s Latest...

On November 26, 2019, the Federal Communications Commission (FCC) voted unanimously to ban Huawei Technologies Company and ZTE Corporation equipment and services from all projects subsidized by funding from the FCC’s...more

White & Case LLP

Department of Commerce Invites Comments on Proposed Rule Targeting Information and Communications Technology Transactions

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On November 27, 2019, the US Department of Commerce (Commerce) issued a notice of proposed rulemaking on the implementation of Executive Order 13873 (the EO), "Securing the Information and Communications Technology and...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

Womble Bond Dickinson

Commerce Department Blacklists Additional Huawei Affiliates but Grants More Time to U.S. Businesses to Disengage from Huawei,...

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On August 19, 2019, the Department of Commerce Bureau of Industry and Security (“BIS”) announced that it has added 46 additional Huawei Technologies Co., Ltd. (However, although these restrictions make it harder for U.S....more

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