After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more
1/30/2025
/ Affirmative Action ,
Alaska ,
Climate Change ,
Department of Energy (DOE) ,
Department of the Interior ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
FERC ,
Infrastructure ,
NEPA ,
OMB ,
Regulatory Agenda ,
Trump Administration
On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its Framework for Artificial Intelligence Diffusion, an Interim Final Rule revising the Export Administration Regulations...more
1/24/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
Licenses ,
Microchip Technology ,
National Security ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology Sector
On November 26, 2024, the Fifth Circuit issued an opinion in Van Loon v. Department of the Treasury that invalidated economic sanctions imposed by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) on...more
12/6/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corporate Counsel ,
Cryptocurrency ,
Economic Sanctions ,
Foreign Adversaries ,
International Emergency Economic Powers Act (IEEPA) ,
Loper Bright Enterprises v Raimondo ,
Money Laundering ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Software ,
U.S. Treasury
Although the incoming Trump administration is beginning to take shape, there is still a lot of uncertainty around the specifics of the incoming administration’s priorities. However, during his campaign, President-elect Trump...more
12/5/2024
/ Affirmative Action ,
Buy America ,
Defense Contracts ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Environmental Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Government Efficiency ,
Minimum Wage ,
Reverse Discrimination ,
Trump Administration
On October 15, 2024, the Department of Defense (“DoD”) released its final rule (the “Final Rule”) formally establishing the Cybersecurity Maturity Model Certification (“CMMC”) program, nearly three years after first...more
11/22/2024
/ Code of Federal Regulations (CFR) ,
Compliance ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
DCMA ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
NIST ,
Subcontractors
Following months of delays and intense debate in Congress, President Biden signed H.R. 815 into law on April 24, 2024, which made headlines for funding $95 billion in military aid to Ukraine, Israel, and Taiwan, along with...more
5/6/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Department of Justice (DOJ) ,
Economic Sanctions ,
EU ,
Foreign Aid ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Statute of Limitations ,
Taiwan ,
TikTok ,
UK ,
Ukraine
As many of you are aware, with some minor exceptions, the United States bifurcates export controls responsibility between the Department of State, which administers the International Traffic in Arms Regulations (the “ITAR”),...more
1/24/2024
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
Department of Homeland Security (DHS) ,
DTCC ,
Export Administration Regulations (EAR) ,
Export Controls ,
FBI ,
ITAR ,
Self-Disclosure Requirements ,
U.S. Commerce Department ,
Voluntary Disclosure
U.S. companies that found their assets caught up in Russia at the start of the Russia/Ukraine conflict may find relief on paper from U.S. courts. But it remains to be seen whether they can recover in practice....more
On May 12, 2023, the Department of the Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) issued Notice 2023-38 (the “Notice”), providing guidance on the rules taxpayers must satisfy to qualify for the...more
5/15/2023
/ Buy American Act ,
Domestic Corporations ,
Energy Projects ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Recordkeeping Requirements ,
Steel Industry ,
Supply Chain ,
Tax Credits ,
U.S. Treasury
Through Council Regulation (EU) 2022/328 of February 25, 2022, the European Union introduced new sanctions relating to, among other things, Russian aggression in Ukraine...more
This presentation will provide an overview of U.S. sanctions principles and developments, with a focus on the Biden Administration’s sanctions imposed on Russia as a result of its invasion of Ukraine....more
5/25/2022
/ Biden Administration ,
Blocking Sanctions ,
Continuing Legal Education ,
Economic Sanctions ,
Enforcement ,
Executive Orders ,
Export Controls ,
Exports ,
Foreign Investment ,
Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SSI List ,
Ukraine ,
Webinars
Since February 24, 2022, Russia’s invasion of Ukraine has led to unimaginable human suffering, a growing refugee crisis and a rising death toll. The invasion sparked a global response as governments moved to sanction the...more
3/30/2022
/ Airspace ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Exports ,
Financial Markets ,
Insurance Industry ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
The Committee on Foreign Investment in the United States (“CFIUS”) earlier this month released a fact sheet announcing updates on excepted foreign states determinations, including the addition of New Zealand to CFIUS’s...more
The Committee on Foreign Investment in the United States (“CFIUS”) has proposed a new rule which extends, for an additional year, the date by which CFIUS will make a determination regarding which countries will be exempt from...more
On October 5, 2021, the Bureau of Industry and Security (“BIS”) issued a final rule formally expanding its controls over the export of biotechnology software. ...more
11/11/2021
/ Biotechnology ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Filing Requirements ,
Final Rules ,
Foreign Investment ,
Medical Software ,
Regulatory Reform ,
Regulatory Requirements
The White House has announced that the requirement for covered employees at covered federal contractor workplaces to be fully vaccinated under the Safer Federal Workforce Task Force Guidance for Federal Contractors and...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
On October 15, 2021, the FAR Council published a Federal Register Notice announcing the opening of a public comment period on potential amendments to the Federal Acquisition Regulation to address climate-related financial...more
On September 9, 2021, the White House announced a series of actions intended to reduce the number of Americans who have not been vaccinated against COVID-19. These actions are detailed in the President’s “Path Out of the...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On May 19, 2021, the Federal Emergency Management Agency (“FEMA”) announced that it is removing export restrictions on four categories of personal protective equipment (“PPE”) and other items used to address the effects of...more
As the Biden Administration wraps up its first 100 days, legislative initiatives, new executive orders, and regulatory changes will have a material impact on the landscape of public procurement and government contracting. V&E...more
On January 25, 2021, President Biden issued an Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (the “Order”).
The Order aims to promote and enhance the enforcement of...more
Members of V&E’s National Security & International Trade practice discuss recent trade and investment developments and what to expect in the new Administration....more
1/7/2021
/ Biden Administration ,
CFIUS ,
Continuing Legal Education ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Investment ,
National Security ,
Trade Policy ,
Trade Relations ,
Webinars
On December 31, 2020, the Federal Emergency Management Agency (“FEMA”) published a temporary final rule again extending and modifying export restrictions on scarce and critical health and medical supplies. The new rule...more
We recently reported several milestones and accomplishments from the inaugural year of the Antitrust Division’s Procurement Collusion Strike Force. To kick off its second year, the Strike Force has now formally announced a...more
11/23/2020
/ Antitrust Division ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
FBI ,
Inspector General ,
Price Gouging ,
Procurement Collusion Strike Force ,
USPS
Exactly one year ago, the Antitrust Division of the Department of Justice (“DOJ”) unveiled its Procurement Collusion Strike Force – an interagency partnership created to target collusion in public procurement and government...more