美国财政部和商务部近期分别发布经国会授权的报告，其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称，白宫将在较短时间内——或许就在几周内——签发一项行政命令，以建立该项新制度。拜登政府近期向国会提交的报告表明，该制度将由美国财政部实施并管理，重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而，报告并未明确该制度的确切范围和性质，包括哪些投资者及哪些外国技术领域将受到影响....more
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
The Department of Commerce’s Bureau of Industry and Security has issued an interim final rule to deny China’s access to certain semiconductor and advanced computing technology and to inhibit China’s ability to manufacture...more
This alert discusses two major updates related to the Committee on Foreign Investment in the United States (“CFIUS,” or the “Committee”) in the past several weeks. First, on 2 August 2022, the Committee released the CFIUS...more
9/21/2022
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Emerging Technology Companies ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Popular ,
Supply Chain
On 27 May 2020 U.S. Secretary of State Pompeo certified to Congress that the State Department no longer considers Hong Kong to have significant autonomy from China and therefore "Hong Kong does not continue to warrant...more
Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more
5/14/2020
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
National Security Review Proceedings ,
Trump Administration
On 28 April the U.S. Commerce Department, Bureau of Industry and Security published two final rules and a proposed rule amending the Export Administration Regulations that will further restrict and regulate transactions...more
A deeper dive into the president's FY2021 budget request for the U.S. Department of Commerce reveals new initiatives aimed at safeguarding technology.
- The National Telecommunications and Information Administration (NTIA)...more
2/28/2020
/ 5G Network ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Critical Infrastructure Sectors ,
Emerging Technologies ,
Export Controls ,
NIST ,
NTIA ,
Supply Chain ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
The Committee on Foreign Investment in the United States (CFIUS or the committee), a U.S. government interagency committee that conducts national security reviews of foreign investments, has released its annual report for...more
On 7 October 2019 the U.S. Department of Commerce's Bureau of Industry and Security (BIS) expanded the Entity List, restricting certain transactions with 28 Chinese entities.
...more
10/16/2019
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Doing Business ,
ECCNs ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Human Rights ,
Research and Development ,
Surveillance ,
Universities
Export compliance continues to be complicated for companies involved in business with China. On 1 August 2018, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) expanded the Entity List, restricting...more
Driven by concerns of China’s acquisition of advanced U.S. technologies, the U.S. Congress is set to enact the most significant reform to the Committee on Foreign Investment in the United States (CFIUS) in over a decade....more
6/29/2018
/ CFIUS ,
China ,
Covered Transactions ,
Emerging Technology Companies ,
FIRRMA ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Passive Investments ,
Pending Legislation ,
Trump Administration
As potential trade war looms, nearly 1,300 U.S.-imports may be subject to additional 25 percent tariffs under Section 301.
U.S. imports from China potentially subject to additional duties include certain chemicals,...more
4/9/2018
/ Aluminum Sales ,
China ,
Foreign Relations ,
Global Market ,
Imports ,
National Security ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
On 12 March 2018, President Trump issued an order blocking the proposed hostile takeover of Qualcomm Incorporated, a semiconductor and telecommunications equipment company headquartered in California, by Broadcom Limited, a...more
This client alert updates readers on the introduction of legislation in the US Congress that, if enacted, would result in significant changes to CFIUS, the U.S. government interagency committee that conducts national security...more
In 2015, the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews of foreign investments, maintained a heavy case load, reviewing 143...more
On Thursday, May 18, U.S. Treasury Secretary Steven Mnuchin waded further publicly into efforts on Capitol Hill to amend the authorizing statute underlying the Committee on Foreign Investment in the U.S. (CFIUS), a U.S....more
Aerospace, defense, and government services (ADG) companies increasingly rely on international customers and global supply chains to stay competitive in today’s global market. In the United States, ADG companies rely heavily...more
4/19/2017
/ Aerospace ,
CFIUS ,
China ,
Cybersecurity ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Foreign Direct Investment ,
India ,
International Relations ,
National Security ,
Outer Space ,
Supply Chain ,
Technology Sector ,
Trump Administration ,
US Trade Policies
Lawmakers in both the U.S. House of Representatives and Senate are examining ways to restrict Chinese investment in the United States by reforming national security reviews conducted by the Committee on Foreign Investment in...more