News & Analysis as of

China Prohibited Transactions

Clark Hill PLC

Proposed Rulemaking: Imported Chinese Hardware for Advanced Auto Features Will Be Banned in 2029

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On Sept. 26,  the Department of Commerce’s Bureau of Industry and Security (BIS) and Office of Information and Communications Technology and Services (OICTS) published a Notice of Proposed Rulemaking (NPRM) entitled,...more

Holland & Knight LLP

BIS Proposes Rule to Secure Connected Vehicle Supply Chains from Foreign Adversary Threats: Rule Will Create New Compliance...

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The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more

Holland & Knight LLP

Florida Department of Commerce Issues Last Proposed Rules on High-Profile Property Law

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In May 2023, Florida became among the first states to limit select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring an interest in Florida real...more

Husch Blackwell LLP

Commerce Department Bans Kaspersky Software in First ICTS Prohibition, Signals Increased Risk of Using Certain Foreign Software...

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On June 20, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a Final Determination prohibiting the sale of certain cybersecurity products, anti-virus software, and related services to...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Treasury Department Issues Proposed Rulemaking for Forthcoming Outbound Investment Program

The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more

Eversheds Sutherland (US) LLP

Treasury releases proposed Outbound Investment Security Program rules

On June 21, 2024, the US Department of the Treasury (Treasury) released proposed new federal regulations (Proposed Rules) that, if implemented, would prohibit or require notification of a broad range of outbound investment...more

Orrick, Herrington & Sutcliffe LLP

With Focus on Tech Sector and China, Treasury Publishes Proposed Outbound Investment Restrictions

The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

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The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Mintz - Antitrust Viewpoints

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments. The proposed rule seeks to “prevent countries of concern...more

K&L Gates LLP

US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

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On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments...more

Goodwin

US Government Moves to Regulate Cross-Border Transactions Involving Sensitive Data

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In a sweeping, coordinated effort across federal agencies, the US government has taken a giant leap forward to prevent access to data that could be exploited to the detriment of national security. On February 28, 2024,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Announces New Measures to Safeguard Americans’ Sensitive Personal Data

On February 28, 2024, the Biden administration announced new cybersecurity-related measures, including an executive order (EO) and advance notice of proposed rulemaking (ANPRM), intended to address the bulk flow of Americans’...more

Polsinelli

Biden Administration Unveils New Outbound Investment Security Program, Which Will Prohibit U.S. Investments in China Relating to...

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On August 9, 2023, the Biden Administration took the first significant steps towards implementing a new regime to restrict and regulate U.S. investments in certain Chinese technology sectors. The President released...more

White & Case LLP

President Biden Orders Establishment of New Program to Restrict US Outbound Investment in Certain Tech Sectors in China

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On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more

Latham & Watkins LLP

White House Issues Outbound Investment Executive Order and Treasury Department Solicits Comments on This New Regulatory Program: 5...

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After publicly signaling support for an outbound investment screening mechanism in July 2022, the Biden Administration has issued a long-anticipated Executive Order to address certain investments by US persons in “countries...more

Jenner & Block

Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

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On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the...more

Goodwin

Charlie Brown Finally Kicks the Football: US Outbound Investment Program Will Target China’s Semiconductor, Quantum Computing, and...

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After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more

Holland & Knight LLP

Long-Awaited Executive Order Targets U.S. Outbound Investment in China

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The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more

Hogan Lovells

Legislation to grant U.S. government sweeping authority over ICT-related national security threats

Hogan Lovells on

On 7 March 2023, U.S. Senators Mark Warner and John Thune introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, sweeping legislation aimed at...more

Robinson+Cole Data Privacy + Security Insider

FCC Bans Import of Chinese Technology

The Federal Communications Commission (FCC) will categorically ban devices over national security concerns for the first time in history. Per a new order, the FCC will prohibit the import and sale of devices produced by...more

White & Case LLP

Germany prohibits sale of two companies to Chinese investors – FDI scrutiny in full swing

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In an unprecedented double-strike, the German government recently blocked two transactions pertaining to Chinese investments in German semiconductor facilities. Just two weeks before, the cabinet had already intervened...more

Brownstein Hyatt Farber Schreck

The Biden Administration Releases National Security Strategy

On Oct. 12, the White House released its long-awaited National Security Strategy (NSS), a high-level framework addressing the Biden administration’s main priorities on international security, trade and investment. The...more

BCLP

Don’t Forget Expansion Under U.S. Export Controls of Restrictions on U.S. Persons

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In addition to compliance considerations under US sanctions associated with activities of U.S. persons, companies should also ensure that their compliance programs take into account the expansion under U.S. export controls of...more

Miller Canfield

Biden Executive Order Strengthens and Expands U.S. Sanctions on Chinese Military Companies

Miller Canfield on

President Biden has signed an Executive Order effective August 2, 2021, affirming and expanding U.S. policy restricting the purchase and sale of publicly traded securities of listed Chinese companies with a nexus to China's...more

Jones Day

President Biden Issues Executive Order Modifying Restrictions on U.S. Investment in Chinese Military-Industrial Complex Companies

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The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more

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