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The State of FARA Following Attorney General Bondi’s Reprioritization of DOJ Resources

On her first day in office, Attorney General Pam Bondi published several memorandums laying out the reprioritization of US Department of Justice (DOJ) efforts and funding, including the memorandum General Policy Regarding...more

President Issues National Security Memorandum on America First Investment Policy

President Donald Trump on February 21, 2025 issued a National Security Presidential Memorandum titled the America First Investment Policy to provide guidance to executive departments in their review and decision-making with...more

Smartphones on Wheels: Commerce Issues Game-Changing Final Rule on Securing the ICTS Supply Chain in Connected Vehicles

The US Department of Commerce’s Bureau of Industry and Security (BIS) published a Final Rule on January 16, 2025 that prohibits the import, sale, and manufacture of vehicles equipped with Vehicle Communication Systems (VCS)...more

DOJ’s Latest Attempt at Modernizing FARA Signals Greater Focus on Compliance and Enforcement

Following a decade of increased enforcement of what has been considered an oft-confusing law, the Department of Justice recently published a Notice of Proposed Rulemaking proposing several changes to regulations implemented...more

Outbound Regulation is Inbound: US Treasury Finalizes Rules for Certain US Technology Investments in China

The US Department of Treasury published its final regulations covering the national security review process for outbound investments on October 28, 2024. The regulations impose notice and prohibition requirements on specific...more

Securing the ICTS Supply Chain: Commerce Issues Final Rules Pursuant to EO 13873

The US Department of Commerce (Commerce or DOC) on December 6, 2024 issued a final rule codifying its framework for reviewing Information and Communications Technology and Services (ICTS) transactions under Executive Order...more

DOJ Proposes Rules to Restrict US Data Transfers to Countries of Concern

The US Department of Justice (DOJ) on October 21, 2024 issued a Notice of Proposed Rulemaking (NPRM), through its Foreign Investment Review Section (FIRS), to implement Executive Order (EO) 14117, titled Preventing Access to...more

Smartphones on Wheels: Commerce Proposes Regulations to Address National Security Risk from Connected Vehicles

On September 23, 2024, the US Department of Commerce’s Bureau of Industry and Security (BIS) published a notice of proposed rulemaking (NPRM) outlining new proposed rules to address national security risks associated with...more

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more

Treasury Proposes Rule to Expand CFIUS’s Real Estate Jurisdiction

The US Department of the Treasury on July 8, 2024 proposed updates to the Committee on Foreign Investment in the United States’s (CFIUS’s) regulations that seek to expand the list of military installations for which proximity...more

Treasury Issues Proposed Regulations to Restrict and Track US Outbound Investment in China

Almost a year after President Joseph Biden issued an executive order requiring new regulations to restrict and track US investment in China, the US Department of the Treasury released proposed rules. The draft regulations are...more

Commerce Issues First-Ever Ban on Information and Communications Technology and Services Transactions Under EO 13873

The Department of Commerce’s Bureau of Industry and Security (BIS) published a 13-page Final Determination on June 24, 2024 concerning cybersecurity and antivirus software supplied by a US subsidiary of a Russia-based...more

AI, Privacy, and Foreign Investment: Top Congressional Investigation Trends for Technology Companies

The technology industry is squarely under Congress’s spotlight these days. Rapid advances in artificial intelligence (AI), electric vehicles, and green energy, as well as concerns over data security and privacy, foreign...more

Existing and Proposed Federal AI Regulation in the United States

The rapid rate at which technology is advancing poses a significant challenge to global regulatory authorities, and perhaps nowhere is this more evident than with respect to artificial intelligence (AI). While AI continues to...more

Evolving Regulatory Landscape for Connected Vehicles: Balancing Innovation with National Security

The US Department of Commerce’s Bureau of Industry and Security (BIS) took a potentially important step toward shaping the future of connected vehicles (CVs) by issuing an advance notice of proposed rulemaking (ANPRM) on...more

Ukraine Conflict Two Years Later: Key Legal Lessons for Businesses

It’s been two years since the escalation of the ongoing conflict in Ukraine, which has led many companies with business operations or personnel in Eastern Europe to adjust, restructure, or exit locations in Russia. Meanwhile,...more

Commerce Seeks Input on Addressing National Security Risks to US Auto Sector from ICTS Transactions

The US Department of Commerce’s Bureau of Industry and Security (BIS) issued an advance notice of proposed rulemaking (ANPRM) on February 29, 2024 soliciting public feedback on the development of regulations related to the...more

Another Brick in the Wall: Regulatory Regime Established to Protect US Sensitive Personal Data From ‘Countries of Concern’

In a significant move to safeguard sensitive personal data of US persons, President Joseph Biden issued an executive order (EO) titled Preventing Access to Americans’ Bulk Sensitive Personal Data and United States...more

Forced Labor Laws Year in Review

In 2023, there was an expansion in scope of the discussion around forced labor in the global supply chain. In the United States, the enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) continued to be the main...more

The Trends—and Traps—that Will Shape 2024

At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more

How SWFs Should Prepare and Respond to Increased CFIUS Scrutiny

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) has reportedly increased its scrutiny of various transactions involving sovereign wealth fund (SWF) investments in the United...more

US-China Economic and Security Review Commission Releases Annual Report for 2023

The US-China Economic and Security Review Commission released on November 14 its annual report for 2023—2023 Report to Congress: US-China Economic and Security Review Commission—issuing recommendations to track the Biden...more

FCC Continues to Lean Forward on National Security Issues

Recent actions by the US Federal Communications Commission (FCC or Commission) indicate that it continues to lean forward on national security issues, and that the FCC is not merely comfortable acting in this space but rather...more

A Closer Look at DOJ’s New Safe Harbor Policy for Voluntary Self-Disclosure in M&A

With the Department of Justice’s (DOJ’s) recently announced “Safe Harbor Policy” encouraging voluntary self-disclosure in mergers and acquisitions (M&A), this LawFlash discusses key considerations and measures that acquiring...more

US Department of Commerce Finalizes National Security Guardrails for CHIPS Incentives Program

The Department of Commerce’s (Commerce’s) National Institute of Standards and Technology has officially released final rules to bolster the national security measures implemented as part of the Creating Helpful Incentives to...more

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