The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more
8/15/2024
/ CFIUS ,
Compliance ,
Controlled Unclassified Information (CUI) ,
Critical Infrastructure Sectors ,
Defense Sector ,
Department of Defense (DOD) ,
Emerging Technologies ,
Executive Orders ,
Export Controls ,
Exports ,
Federal Contractors ,
FIRRMA ,
FOCI ,
Foreign Corporations ,
Foreign Direct Investment ,
Foreign Ownership ,
ITAR ,
National Security ,
Risk Mitigation ,
Supply Chain ,
UK
Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at...more
8/7/2024
/ Cybersecurity ,
Defense Contracts ,
Defense Sector ,
DFARS ,
Disclosure Requirements ,
Federal Contractors ,
Federal Procurement Systems ,
FOCI ,
Foreign Ownership ,
National Security ,
Risk Mitigation ,
Subcontracts ,
Supply Chain
On July 8, 2024, the Office of Investment Security (Department of the Treasury) published a proposed rule to expand CFIUS’s current restrictions on foreign investment in U.S. real estate to cover many additional government...more
As previously reported, regulations and restrictions on Foreign Direct Investment (“FDI”) have expanded quickly in the United States and in many of its trading partner countries around the world. FDI has been further...more
In early June 2023, legislation was proposed in the U.S. Congress to amend the U.S. Arms Export Control Act to provide an exemption for licensing of defense items for export to the United Kingdom (U.K.)....more
Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments -
Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...more
5/23/2023
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
ECCNs ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Nationals ,
Foreign Trade Regulations ,
Technology Sector
With significant press coverage, Florida Gov. Ron DeSantis recently announced that the state would limit the ability of certain non-U.S. persons, businesses, and governments from acquiring agricultural land in Florida....more
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) continues to send a strong and clear message to the exporting community – it wants businesses and universities to voluntarily disclose any significant...more
5/5/2023
/ Bureau of Industry and Security (BIS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Exports ,
National Security ,
Policy Memorandums ,
Self-Reporting ,
Statutory Violations ,
U.S. Commerce Department ,
Voluntary Disclosure
By May 31, 2023, foreign-owned companies must file Form BE-12 to the Bureau of Economic Analysis (“BEA”). Form BE-12 is the comprehensive benchmark survey of foreign direct investment in the U.S., which BEA conducts every 5...more