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Rulemaking Process National Security

Goldberg Segalla

EPA Introduces New Email Account for Regulated Community to Request Presidential Exemption

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The Environmental Protection Agency announced March 12 it set up an e-mail account allowing the regulated community to request a presidential exemption under Section 112(i)(4) of the Clean Air Act (“CAA”)....more

Jones Day

The Future of EPA's Risk Management Program May Be Found in History

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The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more

Seward & Kissel LLP

Treasury Department Confirms: No Fines or Penalties in Connection with BOI Reporting Deadlines

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While the March 21, 2025 filing deadline under the Corporate Transparency Act (the “CTA”) remains in place, the Treasury Department announced on March 2nd that it will not enforce any penalties or fines associated with...more

Wilson Sonsini Goodrich & Rosati

President Trump Issues “America First Investment Policy”

On February 21, 2025, the White House released a memorandum titled, “America First Investment Policy” (the Memorandum). The Memorandum describes how this Administration plans to address U.S. national security risks stemming...more

Husch Blackwell LLP

Real Estate Transactions Come Under Increased National Security Scrutiny

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As geopolitical tensions rise and the post-Cold War global order continues to fray, national security has experienced a renewed policymaking focus. The most prominent areas in this regard have been critical technology...more

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

Wiley Rein LLP

CBP Issues Proposed Changes to De Minimis Import Process

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On January 14, 2025, U.S. Customs and Border Protection (CBP) issued a proposal to alter its regulations regarding de minimis imports. Section 321(a)(2) of the Tariff Act of 1930 currently authorizes duty exemptions, as well...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

Holland & Knight LLP

Outbound Investment Screening Rule Goes into Effect

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The U.S. Department of the Treasury's Final Rule on outbound investment screening went into effect on Jan. 2, 2025. The Final Rule establishes a much-awaited outbound investment screening regime, implementing Executive Order...more

Holland & Knight LLP

Comment Period Extended for Proposed and Interim Space-Related Export Control Rules

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The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Oct. 23, 2024, published a set of three rules concerning space-related...more

Davis Wright Tremaine LLP

Tried and Tested: FCC Rulemaking Proposes Heightened Restrictions on Entities Involved in Testing and Authorizing Tech and Telecom...

FCC seeks to protect telecommunications certification bodies, measurement facilities, and the equipment authorization program from national security threats posed by foreign adversaries....more

Cadwalader, Wickersham & Taft LLP

Treasury Proposes Enhancing CFIUS Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury announced a notice of proposed rulemaking that would expand the enforcement authority of the Committee on Foreign Investment in the United States (“CFIUS” or the...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

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What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 2 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...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

Bilzin Sumberg

Updates on Florida Law Restricting Foreign Ownership of Real Property: Proposed Rules and Shen v. Simpson

Bilzin Sumberg on

SB 264 (Chapter No. 2023-33, Laws of Florida) - which restricts some individuals and entities associated with China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from owning certain real property in Florida - has...more

Seward & Kissel LLP

United States Issues New Executive Order that Begins Rulemaking Process to Impose Regulations on Certain Outbound Investments in...

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On August 9, 2023, President Biden issued Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern.” The Executive Order targets certain U.S....more

Perkins Coie

CISA Seeks Input on New Cybersecurity Reporting Requirements

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President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) on March 15, 2022. The background and contours of CIRCIA are discussed in a previous update. CIRCIA authorizes and...more

Pillsbury Winthrop Shaw Pittman LLP

Twelve Hours to Get It Right: The SEC Intensifies Its Focus on Cybersecurity

The SEC’s recent enforcement actions, public statements and proposed rulemaking indicate that cybersecurity will be an area of heightened focus for the Gensler Commission. New proposed rules would require public companies...more

Akin Gump Strauss Hauer & Feld LLP

President Biden Issues Executive Order to Overhaul Cyber and Software Supply Chain Security and Expand Incident Reporting for...

Key Points - On Wednesday, May 12, 2021, President Biden issued EO 14,028, “Improving the Nation’s Cybersecurity.” The EO sets out an ambitious schedule of reviews and rulemakings that portend significant changes in the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

FinCEN’s Proposed Rulemaking for Cryptocurrency – The Balance of National Security vs. Privacy

Just before the Christmas holidays, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed rulemaking entitled “Requirements for Certain Transactions Involving Convertible Virtual...more

ArentFox Schiff

Commerce Launches Rulemaking Process on Foundational Technologies, Hints at Three Potential Areas of Control

ArentFox Schiff on

BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls. Two years...more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

Goulston & Storrs PC

Final Regulations Go Into Effect for CFIUS Jurisdiction Expansion

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The U.S. Department of Treasury has issued final regulations, which became effective February 13, 2020, implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)....more

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

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After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...more

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