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National Security Biden Administration

Holland & Knight LLP

White House Memo on U.S. Leadership in AI Signals Opportunities for Government Contractors

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The Biden Administration on Oct. 24, 2024, issued a memorandum, "Advancing the United States' Leadership in Artificial Intelligence; Harnessing Artificial Intelligence to Fulfill National Security Objectives; and Fostering...more

Benesch

Supply Chain Security Is National Security: Cyber, Physical, and Personnel Protections

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U.S. supply chain security is increasingly under threat. The White House’s National Security Strategy describes this moment as an inflection point. Many federal agencies have taken charge in elevating the very concept of...more

WilmerHale

DOJ Issues NPRM Regarding Sensitive Data Transfers

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With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more

Alston & Bird

President Biden Signs First National Security Memorandum Focused on AI

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On October 24, 2024, President Biden signed the first-ever National Security Memorandum (“NSM”) focused on artificial intelligence (“AI”), pursuant to subsection 4.8 of Executive Order 14110. The NSM provides guidance on...more

Fenwick & West LLP

White House Issues Memorandum on Fostering the Safety, Security, and Trustworthiness of Artificial Intelligence

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As required under the October 30, 2023, Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), the White House issued a memorandum providing further direction on...more

Wiley Rein LLP

DOJ and CISA Propose New National Security Program to Regulate Foreign Access to Sensitive Data

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On October 21, 2024, the U.S. Department of Justice (Department or DOJ) and the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) issued proposals – required by the...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

Department of Defense Announces New Loan Program for Critical Technology Projects

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The U.S. Department of Defense's (DOD) Office of Strategic Capital (OSC) on Sept. 27, 2024, published a Notice of Funding Availability (NOFA) that would make up to $984 million in loans available for a range of projects that...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: September 2024

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Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

Benesch

U.S. Customs De Minimis Changes Announced for Section 321 - Duty-Free Treatment to Be Restricted

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Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration. ...more

A&O Shearman

Nine months of progress – President Biden’s Landmark AI Executive Order

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Daren Orzechowski Alexander Touma Jack Weinert Daren Orzechowski, Alex Touma, and Jack Weinert examine the progress made by US federal agencies towards achieving the directives set forth in President Biden’s Landmark...more

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

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The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

Akin Gump Strauss Hauer & Feld LLP

Will the WTO Survive a Change of Administration?

The World Trade Organization (WTO) experienced some of its most challenging times during the first Trump administration. While the Biden administration has been relatively kinder to the WTO, it still remains critical of the...more

Dorsey & Whitney LLP

New NPRM Augments Executive Order 14105 Affecting Outbound U.S. Investment into China

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The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more

Patomak Global Partners

Treasury Issues Notice of Proposed Rulemaking Implementing the White House’s Executive Order on Outbound Investment

On 21 June, the Department of the Treasury (Treasury) issued a notice of proposed rulemaking (NPRM) to implement President Biden’s August 2023 Executive Order 14105 (EO 14105 or “the EO”) which directed restrictions and...more

BakerHostetler

New Certification Requirements For Steel and Aluminum From Mexico To Avoid National Security Tariffs

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President Joe Biden issued Executive Orders on July 10, announcing that U.S. imports of steel or aluminum from Mexico may be subject to national security tariffs depending on the origin of their materials. ...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

Robinson+Cole Data Privacy + Security Insider

Commerce Department Bans Kaspersky Software in US

In the Biden Administration’s continuing effort to reduce the risk of cybersecurity spyware from foreign adversaries, including Russia, the United States Department of Commerce (Commerce) issued a final rule (Rule) on June...more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Wilson Sonsini Goodrich & Rosati

Proposed "Outbound Investment" Regulations Target Transactions Involving PRC Semiconductor, Quantum, and AI Businesses

New Regulations Will Require Additional Diligence for a Broad Array of Transactions, Including Many Investments in U.S. and Global Businesses - On June 21, 2024, the U.S. Treasury Department (Treasury) issued a Notice of...more

Cadwalader, Wickersham & Taft LLP

After Referral from CFIUS President Biden Prohibits the Purchase of Wyoming Real Estate and Cryptocurrency Facility

On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more

Brownstein Hyatt Farber Schreck

Senate AI Working Group Releases Landmark Policy Roadmap

On May 15, the Bipartisan Senate Artificial Intelligence (AI) Working Group (“Working Group”) released a report titled “Driving U.S. Innovation in Artificial Intelligence” that lays out a detailed policy roadmap for...more

Mayer Brown

US President Orders First-Ever Real Estate Divestment Following CFIUS Review

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On May 13, 2024, President Biden issued an Order blocking the purchase and requiring the divestment of Chinese-owned real estate that is the location of a cryptocurrency mining facility near F.E. Warren Air Force Base, a...more

The Volkov Law Group

Congress Extends Sanctions Statute of Limitations And Addresses Other National Security Issues

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On April 24, 2024, President Biden signed into law a sweeping national security legislative package that included the 21st Century Peace Through Strength Act, which includes measures to promote sanctions and export controls...more

Dechert LLP

Biden Administration Unwinds Chinese Real Estate Investment Near Military Base

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The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more

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