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As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

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

US Threat Assessment: China and Russia Remain Priority, While Emerging Technology and Global Health Security Gain in Importance

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

Biden Puts Semiconductor Supply Chains Under Microscope

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

National Security Podcast: How the United States Innovation and Competition Act Could Aid Your Business [Audio]

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

To Outrun China, Senate to Consider Groundbreaking Legislation

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

Senate Eyes New Role for CFIUS in Combating ‘Foreign Malign Influence or Espionage Activities’ Targeting ‘Institutions of Higher...

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

Commerce Department Signals Tough Approach on China Under Controversial Trump Tech Supply Chain EO

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

President Biden Orders 100-Day Review of America’s Supply Chains for Semiconductors, Batteries, Critical Minerals and APIs

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

‘Foreign Adversaries’ In Tech Supply Chain May Be Under the Microscope

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

Trump and Congress Pave the Way for Potential Delisting of Publicly Traded Chinese Companies from US Stock Exchanges

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

Trump Administration Bars Investments by US Persons in Communist Chinese Military Companies

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

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

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

Commerce Launches Rulemaking Process on Foundational Technologies, Hints at Three Potential Areas of Control

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

Huawei Rule Part 2: You “Use,” You Lose (Government Contracts)

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

US Administration Takes on Chinese Social Media

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

National Security Podcast: US Government Zeros in on China [Audio]

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

Pentagon Identifies 20 ‘Communist Chinese Military Companies’

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

Team Telecom Emerges From the Shadows; FCC Gets Aggressive With Chinese Telecoms

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

CFIUS 2.0: Treasury Unveils Final Regulations to Govern Expanded Foreign Investment Screening

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

US Issues First Unilateral Export Control on Artificial Intelligence Software

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

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

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

CFIUS 2.0: Treasury Releases Comprehensive Rewrite of CFIUS Regulations, Flood of Filings Expected in 2020

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

CFIUS 2.0: Real Estate as a Platform for Foreign Espionage Against the US Government?

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

CFIUS 2.0: ‘Sensitive Personal Data’ in the National Security Context

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

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