News & Analysis as of

National Security Executive Orders

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

Fenwick & West LLP

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

Fenwick & West LLP on

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

Katten Muchin Rosenman LLP

Foreign Investment and National Security: Navigating Heightened Scrutiny of US, EU and UK Cross-Border Deals

As geopolitical tensions ratchet higher across the globe – fueled by the ongoing conflict in Ukraine, turbulent relations between China, the United States (US), and Europe, escalating conflict in the Middle East, and...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

Mayer Brown

US Department of Commerce Issues Proposal to Require Reporting Development of Advanced AI Models and Computer Clusters

Mayer Brown on

On September 9, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (BIS) released notice of a proposed rule to create a mandatory reporting requirement for artificial intelligence (AI)...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

Womble Bond Dickinson

The Evolution of National Security in the U.S. and U.K.

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The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...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

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

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

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

Holland & Knight LLP

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

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The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...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

K&L Gates LLP on

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

Holland & Knight LLP

Treasury Department Issues Long-Awaited Proposed Rule on Outbound Investment Screening

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The U.S. Department of the Treasury's Office of Investment Security on June 21, 2024, issued a Notice of Proposed Rulemaking (Proposed Rule) implementing Executive Order (E.O.) 14105 that was announced on Aug. 9, 2023,...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

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

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

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 2 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

Ankura

DOJ Implementation and Enforcement Plans for the Sensitive Data Executive Order—What It Means for Organizations

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On February 28, 2024, President Biden signed Executive Order 14117 (the “EO”), on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The United...more

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 1 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

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