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U.S. Commerce Department National Defense Authorization Act

The Volkov Law Group

BIS Publishes Proposed Revisions to EAR Addressing U.S. Person Support for “Foreign Security” and Military End Users

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On July 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two (2) new rules in the Federal Register that significantly expand the scope of existing “U.S. Person” prohibitions...more

Wiley Rein LLP

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

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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

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

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The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...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

Foley Hoag LLP

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

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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

Hogan Lovells

美国政府对“受关注外国实体”作出定义,影响波及《降低通胀法》项下电动汽车电池

Hogan Lovells on

2023年3月21日(星期二),美国商务部发布一则关于《芯片与科学法》所含护栏条款的拟议规则通知。作为拟议规则的组成部分,美国商务部发布了“受关注外国实体”和由受关注国家“拥有、控制、管辖或指挥”的定义,这两个术语曾出现在过去两年颁发的四部独立制定法中,即:《2021财年国防授权法》、《基础设施投资和就业法》、《芯片与科学法》和《降低通胀法》。根据美国商务部所拟定义,任何实体——包括总部位于美国的实体或注册在美国的实体——如其25%及以上表决权益...more

Hogan Lovells

Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA

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On Tuesday, March 21, 2023, the US Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS and Science Act (CHIPS). As part of the proposed rule Commerce issued a...more

King & Spalding

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

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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

Holland & Knight LLP

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

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President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

Wiley Rein LLP

NDAA Will Impact Government Contractors, Supply Chains, and Federal Acquisition Process

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On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year (FY) 2023 (NDAA or Act), which President Biden is expected to sign into law soon. The NDAA contains numerous...more

Perkins Coie

CHIPS Act Allocates $52 Billion in Subsidies to Revitalize Semiconductor Manufacturing

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There was a global semiconductor shortage throughout the COVID-19 pandemic that severely disrupted supply chains across many industries, highlighting, more than ever, that semiconductors are an essential component to...more

Orrick, Herrington & Sutcliffe LLP

CHIPS Act: What Companies Need to Know

On August 9, 2022, President Biden signed into law the highly anticipated CHIPS Act of 2022 (the “CHIPS Act”). Presented as being crucial to ensuring U.S. leadership in global chip production and technical capability against...more

King & Spalding

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

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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

WilmerHale

United States Adopts Wide-Ranging China Restrictions

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End-of-Year Sanctions Target Chinese Supply Chains and AI, Quantum Computing, and Biotechnology - Several US executive branch agencies and the US Congress have adopted wide-ranging end-of-year sanctions, export control and...more

Akin Gump Strauss Hauer & Feld LLP

National Artificial Intelligence Advisory Committee Established by Department of Commerce

On September 8, 2021, U.S. Secretary of Commerce Secretary Gina Raimondo announced the establishment of the National Artificial Intelligence (AI) Advisory Committee (NAIAC or the “Committee”). The NAIAC will advise the...more

King & Spalding

Biden Administration Issues 100-Day Supply Chain Report

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Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging - On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...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

Miller Canfield

U.S. Department of Commerce Publishes Military End User List for Restricting Exports to China and Russia

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On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more

WilmerHale

New Rule Expands US Government Contracting Ban on Targeted Chinese Telecommunications

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Beginning on August 13, U.S. federal government agencies will be prohibited from issuing new contracts or extending or renewing existing contracts to entities that use certain telecommunications and video surveillance...more

McCarter & English Blog: Government Contracts...

Export Controls And Global Trade: A Forecast And The Year In Review

For several years, we have witnessed the emergence of a statutory and regulatory framework to tighten controls on the export of emerging and critical technology, as well as the review of inward foreign investment into said...more

Orrick, Herrington & Sutcliffe LLP

New Syria, North Korea and Other Sanctions Provisions Enacted as Parts of the National Defense Authorization Act for Fiscal Year...

On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...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

Davis Wright Tremaine LLP

U.S. Salvo at Chinese Telecom Manufacturer Huawei Could Cause Collateral Damage to American Companies

On May 15, 2019, in a one-two punch, the White House and the U.S. Department of Commerce (DOC) took actions that effectively could ban Huawei Technologies Co. Ltd., 68 of its non-U.S. affiliates, and other unnamed Chinese...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

Jones Day

The Emerging List of "Emerging and Foundational Technologies"

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The Situation: On November 14, 2018, the U.S. Department of Commerce ("Commerce")'s Bureau of Industry and Security ("BIS") issued an advanced notice of proposed rulemaking ("Notice") that seeks public comments for defining...more

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