News & Analysis as of

Proposed Rules Public Comment National Security

Paul Hastings LLP

DOJ Announces Significant Proposed Changes to Amend and Clarify FARA

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On December 19, 2024, the Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM) intended to “update and clarify” the regulations under the Foreign Agents Registration Act (FARA). The proposed changes to...more

Husch Blackwell LLP

CBP Proposes Changes to the De Minimis Entry Process

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U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking on January 13, 2025, regarding an update to the rules governing de minimis shipments. The public can make comments on the proposed rule until...more

Eversheds Sutherland (US) LLP

Treasury proposes expansion of CFIUS authorities

On April 11, 2024, the US Department of the Treasury issued, for notice and comment, proposed modifications (Proposed Rule) to certain Committee on Foreign Investment in the United States (CFIUS or Committee) regulations. In...more

Mayer Brown

Commerce Considers ICTS-related Rules to Address Connected Vehicle Risks

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On March 1, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published an Advance Notice of Proposed Rulemaking1 (the “Notice”) seeking public comments on potential regulation of the...more

Hogan Lovells

Commerce amends its IFR on Securing the ICTS Supply Chain to address “connected software”

Hogan Lovells on

On November 26, 2021, the Department of Commerce published a proposed rule to amend its Interim Final Rule on Securing the Information and Communications Technology and Services Supply Chain. The proposed rule adds a...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

Moore & Van Allen PLLC

Treasury Department Publishes Proposed Rule on CFIUS Filing Fees

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Further implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“), the U.S. Department of the Treasury recently published a proposed rule to establish filing fees for parties filing voluntary...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Takes Steps To Thwart Use of Information and Communications Technology and Services Associated With Foreign...

On November 27, 2019, the U.S. Department of Commerce (Commerce) published a proposed rule that would establish a new and especially broad power for the U.S. government to review and potentially block or unwind transactions...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

A&O Shearman

US Government Actions Greatly Increase Oversight of US Supply Chains

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The U.S. government undertook several recent actions that will greatly increase its oversight of U.S. supply chains in a number of key business sectors, including technology, telecommunications, digital and data services and...more

A&O Shearman

M&A Watch: New Regulations Significantly Expand CFIUS Reach

A&O Shearman on

The Committee on Foreign Investment in the United States (CFIUS) last week added considerable teeth to its powers through draft regulations implementing key provisions of the Foreign Investment Risk Review Modernization Act...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Expands CFIUS Jurisdiction to Real Estate Investments That Pose a National Security Risk; Could Have Major Impacts...

What is CFIUS? The Committee on Foreign Investment in the United States, or CFIUS, is an interagency committee chaired by the Secretary of the Treasury which is authorized to review and approve transactions involving foreign...more

McDermott Will & Emery

Expanded CFIUS Review over Non-Controlling Foreign Investments in US Businesses and Foreign Investments in Certain US Real Estate

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The US Treasury Department issued proposed regulations that would “comprehensively” implement legislation passed last year, FIRRMA, to broaden the jurisdiction of CFIUS. Interested parties have until October 17 to file...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Proposed CFIUS Regulations to Implement FIRRMA

• The U.S. Department of Treasury released proposed rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) on September 17, 2019. Among other measures, these rules would establish how the Committee...more

Sheppard Mullin Richter & Hampton LLP

Clear for More Takeoffs: Now is the Time to Have Your Voice Heard on New Satellite and Launch Regulations

On March 8, the U.S. government signaled regulatory changes that may create new opportunities for international collaboration on satellite development, global sales of satellite and launch equipment, and even sharing launch...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

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