Two years ago, regulations implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) went into effect, significantly expanding the jurisdiction of the Committee on Foreign Investment in the United States...more
The Committee on Foreign Investment in the United States (CFIUS) has released its Annual Report for 2020 (Annual Report) as well as certain case statistics, providing insight into recent CFIUS trends. The data reflect a large...more
On 2 March 2021, the United States and European Union ("EU") imposed coordinated sanctions in response to the poisoning and imprisonment of Russian opposition politician Aleksey Navalny (and the related US determination that...more
On December 23, 2020, the US Department of Commerce's Bureau of Industry and Security ("BIS") issued a final rule creating a "Military End User List" ("MEU List") under the Export Administration Regulations ("EAR"). The final...more
1/8/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Licensing Rules ,
Military End Use ,
National Security ,
U.S. Commerce Department
On September 30, 2020, the Federal Communications Commission (FCC) voted to adopt a Report and Order that provides for new rules and procedures to formalize the review process of the Committee for the Assessment of Foreign...more
11/2/2020
/ CALEA ,
CFIUS ,
Communications Act of 1934 ,
Executive Orders ,
FCC ,
Foreign Policy ,
Law Enforcement ,
National Security ,
New Rules ,
Public Interest ,
Request For Information ,
Telecommunications
On September 15, 2020, the US Treasury Department published a final rule modifying the mandatory Committee on Foreign Investment in the United States (CFIUS) filing requirements for certain foreign investments in US...more
On August 17, 2020, the US Commerce Department's Bureau of Industry and Security (BIS) issued two final rules that expand the scope of licensing requirements for transactions involving parties on the Entity List. Both rules...more
8/30/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign-Produced Direct Product Rule (DPR) ,
General Licenses ,
Huawei ,
Licensing Rules ,
New Rules ,
Popular ,
Savings Clause ,
Scope of Coverage ,
Shipping ,
Technology Sector
In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more
8/14/2020
/ Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Cyber Threats ,
Enforcement Actions ,
Executive Orders ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Interim Rule ,
Japan ,
Mitigation ,
National Security Review Proceedings ,
Principal Place of Business ,
Prohibited Transactions ,
Short-Form Registration ,
Supply Chain ,
TikTok ,
Trump Administration ,
WeChat
There have been several recent developments related to the Committee on Foreign Investment in the United States (CFIUS). Most notably, CFIUS has released a proposed rule that would change the mandatory filing criteria for...more
5/29/2020
/ Case Management ,
CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
ITAR ,
Mandatory Declarations ,
NAICS ,
National Security ,
National Security Review Proceedings ,
Proposed Amendments ,
Technology Sector
On April 28, 2020, the US Commerce Department's Bureau of Industry and Security (BIS) published two new final rules amending the Export Administration Regulations (EAR). One of the final rules removes license exception Civil...more
5/6/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Economic Sanctions ,
Electronic Export Information (EEI) ,
End-Users ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Military End Use ,
Russia ,
U.S. Commerce Department ,
Venezuela
On April 29, 2020, the US Treasury Department published an interim rule establishing fees for parties filing a formal written notice of a transaction for review by the Committee on Foreign Investment in the United States...more
On April 4, 2020, President Trump issued an Executive Order (EO) establishing the ‘Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector’ (the Committee). The Committee...more
The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more
3/10/2020
/ Blocked Mergers ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Divestiture ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Real Estate Investments ,
Technology Sector ,
Trump Administration
On January 6, 2020, the US Department of Commerce's Bureau of Industry and Security (BIS) issued the first "emerging technology" rule to control artificial intelligence-based software specially designed to automate the...more
2/10/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Classification ,
ECCNs ,
Emerging Technologies ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Imports ,
Interim Final Rules (IFR) ,
Public Comment ,
Software ,
Software Licenses ,
Technology Sector ,
U.S. Commerce Department