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FCC Council on National Security Launches Investigation of Businesses Linked to the Chinese Communist Party

In its first major initiative, on March 21, 2025, the Federal Communications Commission’s (FCC’s) newly formed Council on National Security (Council) launched an investigation into the “ongoing U.S. operations” of businesses...more

The EU’s Response to US Tariffs: From Tariffs to ‘Response Measures’ Under the Anti-Coercion Instrument?

While the recent imposition of US tariffs on aluminium and steel imports and the EU’s subsequent response may evoke a sense of déjà vu from the first Trump administration, the European Union (EU) has more arrows in its quiver...more

‘America First Investment Policy’ Aims To Reshape CFIUS and ‘Reverse CFIUS’

On February 21, 2025, the White House released President Donald Trump’s “America First Investment Policy” memorandum (Investment Policy), which outlined several initiatives to incentivize investment from U.S. allies and...more

National Security: Trump Orders Review of Export, Supply Chain, ‘Reverse CFIUS’ Rules

Several of President Donald Trump’s initial actions — from an executive order instituting a new artificial intelligence (AI) policy framework, to those directing the use of the U.S. military to provide border security, the...more

US Commerce Dept. Rule Expands Licensing Requirements for AI-Related Materials

On January 13, 2025, the Department of Commerce, Bureau of Industry and Security (BIS) released an interim final rule establishing (i) expanded export licensing requirements for the export of advanced computing integrated...more

Russia’s Energy, Financial and Defense Sectors Are the Focus of the Last Round of Sanctions Under Biden

In the days before former President Joe Biden left office, the U.S. announced two new rounds of sanctions against Russia, including expansive new sanctions against Russia’s energy sector. According to its press release, the...more

Political Changes Are Unlikely To Fundamentally Alter Key Sanctions

Key Points - - Political transitions in the West notwithstanding, we expect economic sanctions to remain a key response to geopolitical issues. - Current sanctions policy priorities are unlikely to shift markedly in...more

In the US and Europe, Export and Import Controls May Be Expanded

Key Points - - Under the second Trump administration, the U.S. is expected to increase export control restrictions on China, particularly in the semiconductor sector, as well as to expand other China-related national...more

Decoding Tariff Threats: What Importers Can Expect on Day 1 and Beyond

Key Points - - President-elect Trump’s tariff threats have created considerable uncertainty for importers and U.S. businesses relying on imports. - The incoming president could impose 25% tariffs on Canada and Mexico, and...more

President-Elect Trump Announces Intent To Impose Tariffs on Goods Imported From Canada, Mexico and China

On November 25, 2024, President-elect Donald Trump announced that, on his first day in office, he would impose new tariffs on all imports from Canada, Mexico and China. Specifically, in posts on the social media platform...more

The Informed Board - November 2024

At what point has a director served too long? What about term limits? A mandatory retirement age? When do a director’s skills become stale? These issues are addressed in this issue of The Informed Board, as well as why proxy...more

Most AI National Security Regs Likely To Remain in Place Under the Next Administration

With the rapid commercialization of artificial intelligence (AI) technology, the Biden administration has been grappling with its implications, including its potential impact on national security. Several departments have...more

The Sanctions Puzzle: Key Areas To Watch in 2025 and Beyond

The past weeks and months have brought about tremendous political change in the West, as we move toward a new U.S. administration, a new College of Commissioners in Brussels and a new Polish presidency of the Council of the...more

US Treasury Creates the ‘Reverse CFIUS’ Program, a (Limited) Great Wall on Outbound Investment

The Department of the Treasury (Treasury) has released a final rule imposing restrictions on U.S. outbound investment in Chinese companies active in developing certain national security technologies (Final Outbound Rule)....more

USTR Opens Section 301 Exclusion Process for Manufacturing Machinery

The Office of the U.S. Trade Representative (USTR) has opened a process whereby parties can request exclusions from Section 301 tariffs for imports of certain Chinese-origin machinery used in manufacturing. The launch of this...more

US AI Industry Reporting for Duty: BIS Rule Would Require Quarterly Filings for ‘Dual-Use’ AI Models and Computing Clusters

On September 11, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule that would require U.S. persons to report certain activities related to the development or acquisition of...more

Declassified: DoD Extends Its Vetting of Foreign-Owned and -Controlled Contractors To Cover Some Unclassified Contracts

Over its 30-year history, the Department of Defense (DoD) National Industrial Security Program Operating Manual (NISPOM), which establishes policies and procedures for mitigating foreign ownership, control or influence (FOCI)...more

CFIUS Proposes Expanded Real Estate Jurisdiction

On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Security Assistance Law Expanded the Reach of US Sanctions and Doubled the Statute of Limitations

On April 24, 2024, President Joe Biden signed the 21st Century Peace Through Strength Act (Act) into law. The Act, which is part of a broader law providing supplemental aid to Israel, Taiwan and Ukraine, contains several...more

US Announces New Tariffs on Chinese-Origin Goods, With an Exclusion Process

On May 14, 2024, President Joe Biden announced that he had directed the Office of the U.S. Trade Representative (USTR) to add or increase tariffs on a range of goods originating from China, including electric vehicles (EVs),...more

REPO for Ukrainians Act Provides for the ‘Repurposing’ of Seized Russian Sovereign Assets

On April 24, 2024, President Joe Biden signed into law a high-profile package of national security legislation (Public Law 118-50). While most press reports focused on the spending elements of the package (appropriating funds...more

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

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