News & Analysis as of

National Security Department of Justice (DOJ)

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

Mayer Brown

Department of Justice Issues Notice of Proposed Rulemaking to Regulate Export of Sensitive Personal Data

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On October 21, 2024, the Department of Justice (DOJ) released an unpublished Notice of Proposed Rulemaking (NPRM), Provisions Pertaining to Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by...more

Guidepost Solutions LLC

Monitoring Against Whistleblower Retaliation

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Saves Lives, Prevents Major Crimes, and Accelerates Voluntary Self - Disclosures The U.S. Department of Justice (“DoJ”) recently spotlighted its Whistleblower Awards Program and Voluntary Self Disclosure (“VSDs”)...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

Wiley Rein LLP

DOJ Urges the D.C. Circuit to Permit Retroactive FARA Registrations

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The U.S. Department of Justice (DOJ) recently filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit for a rehearing en banc in the Steve Wynn case, asking the D.C. Circuit to reconsider U.S. v....more

Perkins Coie

Strike Force Cases Highlight Focus on National Security Priorities and Need for Strengthened Cybersecurity

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The U.S. Department of Justice (DOJ) announced criminal charges in five cases in connection with the Disruptive Technology Strike Force (Strike Force) on September 16, 2024. Launched in February 2023, the Strike Force is...more

American Conference Institute (ACI)

FCPA, Export Controls, and Sanctions Enforcement: Adjusting Compliance Strategies for the New Normal

As the interplay between export controls, trade sanctions, and anticorruption enforcement continues to intensify, multinational companies must remain vigilant in ensuring that their compliance programs address the many...more

Morgan Lewis

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

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With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more

Mayer Brown

US Justice Department Continues Focus on Criminal Enforcement of FARA

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As predicted earlier this year in our January update, the US Department of Justice (DOJ) has continued to ramp up enforcement of the Foreign Agents Registration Act (FARA) and related political laws through criminal...more

Wiley Rein LLP

Two Russian Media Operatives Indicted for Conspiracy to Violate FARA

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On September 4, 2024, two employees of the Russian state-funded media outlet RT (formerly known as Russia Today) were indicted in the Southern District of New York for conspiracy to violate the Foreign Agents Registration Act...more

Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

Wiley Rein LLP

Former New York Government Official Linda Sun Charged with FARA Violations

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On Tuesday, September 3, 2024, Linda Sun, a former high-ranking official in New York State’s government, was arrested in Brooklyn and charged with violating the Foreign Agents Registration Act (FARA) for allegedly acting as...more

Alston & Bird

DOJ Continues to Investigate and Prosecute North Korean IT Worker Fraud Scheme

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On Thursday, August 8, 2024, the United States Department of Justice (“DOJ”) announced that it had charged a Nashville man for his alleged role in assisting the Democratic People’s Republic of Korea (“DPRK” or “North Korea”)...more

Wiley Rein LLP

Former Government Employee Sue Mi Terry Arrested and Indicted for Violating Foreign Agents Registration Act

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Former government employee Sue Mi Terry has been arrested and indicted in New York for acting as an unregistered foreign agent of South Korea. Damian Williams, U.S. Attorney for the Southern District of New York, released the...more

Robinson & Cole LLP

Legal Update: Department of Justice National Security Division Announces First-of-Its-Kind Declination under Its Voluntary...

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On May 22, 2024, the Department of Justice (DOJ) announced the first-ever declination under the National Security Division’s recently updated Enforcement Policy for Business Organizations (NSD Policy). The NSD Policy offers...more

Morrison & Foerster LLP

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

Jenner & Block

Client Alert: DC Circuit Upholds Bar on Retroactive Registration for Former Foreign Agents

Jenner & Block on

On June 14, 2024, in Attorney General of the United States v. Stephen A. Wynn, a panel of the US Court of Appeals for the DC Circuit held that the Department of Justice (“DOJ”) cannot civilly compel an individual to...more

Thomas Fox - Compliance Evangelist

To the DOJ: Think Big and Go Big on the Boeing Monitorship

Perhaps the most significant blog post in the compliance arena was penned by Matt Ellis over 10 years ago when he challenged Walmart to “Go Big” on compliance. (They did.) We are now at another inflection point in compliance...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Americans’ Data from Foreign Adversaries Act of 2024

On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more

King & Spalding

Attorney General of the United States v. Wynn: D.C. Circuit Rules Out Injunctive Relief for Past FARA Violations, Leaving Criminal...

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On June 14, 2024, a panel of the U.S. Court of Appeals for the District of Columbia held that the Department of Justice (DOJ) may not seek an injunction to compel retroactive registration under the Foreign Agents Registration...more

Wiley Rein LLP

FARA Lawsuit Against Steve Wynn Dismissed by Federal Appeals Court

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On Friday, June 14, the U.S. Court of Appeals for the D.C. Circuit upheld the lower court’s dismissal of a 2022 lawsuit brought by the U.S. Department of Justice (DOJ) to compel casino magnate Stephen A. Wynn to register...more

Morrison & Foerster LLP

D.C. Circuit Limits DOJ’s Ability to Retroactively Enforce FARA

Last week the D.C. Circuit released its long-anticipated opinion in the Attorney General v. Wynn, holding that the Department of Justice (“DOJ”) could not compel Steve Wynn to retroactively register under the Foreign Agents...more

Wilson Sonsini Goodrich & Rosati

National Security Division’s Voluntary Self-Disclosure Policy in Action: Exchanging Cooperation for Declination

Last month, the U.S. Department of Justice (DOJ) announced that it would not charge MilliporeSigma, a life sciences company, even though one of its employees falsified export documents. The DOJ declined to prosecute...more

Kohn, Kohn & Colapinto LLP

The Espionage Act Has Been Abused for Over a Century

In her interview on the Whistleblower Network News Whistleblower of the Week podcast, Reality Winner reflected on many elements of her whistleblower journey, from her decision to blow the whistle to her incarceration. Among...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2024 - New Legislation Extends Statute of Limitations for Sanctions Violations

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

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