Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more
7/1/2022
/ CFIUS ,
China ,
Defense Production Act ,
Federal Funding ,
Jurisdiction ,
National Security ,
Penalties ,
Popular ,
Proposed Legislation ,
Supply Chain ,
Trade Secrets
Last week, the House Permanent Select Committee on Intelligence (HPSCI) and the Senate Select Committee on Intelligence (SSCI) each held a hearing on the US Intelligence Community’s (IC) 2022 Annual Threat Assessment, a...more
3/21/2022
/ CFIUS ,
China ,
Competition ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Export Controls ,
Foreign Adversaries ,
Iran ,
NATO ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Terrorist Organizations ,
U.S. Treasury ,
Ukraine
In late September, the Biden Administration took a variety of actions to address the ongoing global semiconductor shortage and the various supply chain disruptions caused by the COVID-19 pandemic.
That includes convening a...more
Arent Fox National Security Partner David R. Hanke and Government Relations Practice Co-Leader Dan H. Renberg discuss what's considered the most significant U.S. industrial policy legislation in decades....more
The U.S. Senate has kicked off the complicated process of coordinating and passing multi-committee legislation designed to bolster U.S. technological capabilities, expand the U.S. political, diplomatic, and economic toolkit...more
5/14/2021
/ Artificial Intelligence ,
CFIUS ,
China ,
Cybersecurity ,
Forced Labor ,
NATO ,
Popular ,
Proposed Legislation ,
Research and Development ,
Robotics ,
Semiconductors ,
Supply Shortages ,
Trade Relations
This potential expansion of CFIUS’s powers suggests broader congressional concern about attempts by Chinese entities to circumvent CFIUS reviews and access critical technologies.
New legislation may soon expand the...more
The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China.
The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more
3/19/2021
/ Biden Administration ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
National Security ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
Changes are afoot for key industry sectors with complicated global supply chains.
“As this pandemic has made clear, we can never again be in a position where we have to rely on a foreign country that doesn’t share our...more
3/1/2021
/ APIs ,
Batteries ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Sector ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Information and Communication Technology (ICT) ,
Minerals ,
Personal Protective Equipment ,
Popular ,
Public Health ,
Risk Management ,
Semiconductors ,
Supply Chain ,
Transportation Industry
The Information and Communications Technology and Services (ICTS) Rule, if implemented by the Biden Administration, would significantly impact companies that have an international nexus in a number of different sectors,...more
2/2/2021
/ Biden Administration ,
China ,
Cuba ,
Department of Homeland Security (DHS) ,
Digital Service Providers ,
Executive Orders ,
FCC ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
Iran ,
National Intelligence Agencies ,
North Korea ,
Popular ,
Russia ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Telecommunications ,
Venezuela
On December 18, President Trump signed into law the Holding Foreign Companies Accountable Act, which aims to increase oversight of Chinese companies listed on US stock exchanges and force the delisting of those that refuse to...more
In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments.
On November 12, 2020,...more
11/18/2020
/ China ,
Department of Defense (DOD) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
PCAOB ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
U.S. Treasury
The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.
As a refresher, CFIUS is the US Government’s...more
10/16/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
ITAR ,
NAICS ,
Personal Data ,
Proposed Regulation ,
U.S. Treasury ,
US Department of State
BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls.
Two years...more
8/28/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Embargo ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Interim Final Rules (IFR) ,
Military End Use ,
National Security ,
Rulemaking Process ,
United Nations
The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more
8/14/2020
/ Breach of Contract ,
China ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
Huawei ,
Interim Rule ,
National Security ,
NDAA ,
New Regulations ,
Public Safety ,
System For Award Management (SAM) ,
Telecommunications
President Trump signed an Executive Order (EO) (TikTok EO) August 6, 2020, banning “transactions” yet to be identified by the US Department of Commerce (Commerce) related to TikTok and its parent ByteDance Ltd.
Specifically,...more
8/12/2020
/ CFIUS ,
China ,
Data Collection ,
Executive Orders ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Social Media ,
TikTok ,
U.S. Commerce Department ,
U.S. Treasury
Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more
8/12/2020
/ CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Exports ,
Foreign Adversaries ,
Foreign Corporations ,
Foreign Investment ,
Manufacturers ,
National Security ,
R&D ,
Regulatory Agenda ,
Screening Procedures ,
Supply Chain ,
Technology Sector ,
Trade Policy
As the US technology competition with China continues to intensify, the Trump Administration has taken another step to tighten the screws on China.
In late June, the US Department of Defense (DoD) made public a list of 20...more
8/3/2020
/ China ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Due Diligence ,
Exports ,
FBI ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
NDAA ,
Pentagon ,
Trump Administration ,
U.S. Treasury
On April 4, 2020, President Trump issued Executive Order (EO) 13913, “Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.” The EO formalizes “Team...more
On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
NAICS ,
National Security ,
Personal Data ,
Real Estate Transactions ,
Rulemaking Process
This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more
1/7/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exporters ,
Exports ,
FIRRMA ,
Geolocation ,
Location Data ,
National Security ,
Popular ,
Rulemaking Process ,
Software ,
Technology ,
Technology Sector
In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more
12/19/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Comment Period ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Proposed Regulation ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
Under this new evaluation process, Commerce can prohibit companies from engaging in a wide variety of transactions and order them to cease using the information technology or telecommunication system in question even if it is...more
12/3/2019
/ China ,
Comment Period ,
Congressional Oversight ,
Constitutional Challenges ,
Corporate Counsel ,
Digital Services ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Information Technology ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Risk Management ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk...more
9/27/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Personal Data ,
Real Estate Investments ,
Sensitive Business Information ,
Technology Sector
The Committee on Foreign Investment in the United States (CFIUS) is an interagency federal body that screens inbound foreign investments for national security risks, and it is currently putting the finishing touches on its...more
In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries,...more
9/3/2019
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Enforcement Authority ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
GAO ,
National Security ,
NIST ,
OMB ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Technology Sector ,
U.S. Treasury