Commerce Department Extends Comment Period For Foreign Adversary ICTS Rule

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As we discussed in a recent client alert, the U.S. Department of Commerce recently issued a proposed rule (the “Proposed Rule”) which intends to give the U.S. Secretary of Commerce the authority to block, unwind or modify information and communications technology or services (“ICTS”) transactions involving “foreign adversaries” if the Commerce Secretary determines that such transactions threaten U.S. critical infrastructure, the U.S. digital economy or U.S. national security. There were many aspects of the Proposed Rule which were unclear, but the U.S. Department of Commerce indicated its willingness to consider comments from the public which were received on or before Friday, December 27, 2019.

On Monday, December 23, 2019 the U.S. Department of Commerce announced that it had extended the Proposed Rule’s comment period in order to consider comments received before the close of business on Friday, January 10, 2020. This extension will provide potential respondents with an additional 14 days to prepare comments to the Proposed Rule.

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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