CFIUS and Beyond – Navigating the Complicated Universe of Regulatory and Other Constraints Related to US National Security

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The reach and authority of the U.S. government over what it considers to be national security concerns is broad, increasing and often not subject to judicial appeal. In response to mounting threats to the personal, economic and national security of Americans – real or not – extensive regulatory frameworks have been implemented, expanded or co-opted to protect U.S. national security. This includes reviews of transactions by the Committee on Foreign Investment in the United States (CFIUS) and the newly formed Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Team Telecom), the application of export and supply chain controls and the National Industrial Security Program, as well as licensing and other authorizations related to energy and nuclear assets.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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