On February 21, 2025, a Presidential Memorandum, “America First Investment Policy” (the “Memorandum”), announced planned changes to the Committee on Foreign Investment in the United States (“CFIUS”) and outbound investment...more
The Commerce Department has issued a rule that increases export controls on AI-related items. The rule: Most of the restrictions are scheduled to take effect on May 15, 2025, although some do not come into effect until...more
The Department of Justice has finalized prohibitions and restrictions on cross-border transfers of certain data to China and other “Countries of Concern” (as defined below). It seeks to address what is, in the U.S....more
1/21/2025
/ Artificial Intelligence ,
China ,
Cuba ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
National Security ,
Personal Data ,
Russia
The Department of Justice (DOJ) has proposed a significant restriction on cross-border transfers of sensitive personal data to designated “countries of concern.” The goal is to address national security risks posed by...more
12/13/2024
/ Biometric Information ,
CFIUS ,
Cybersecurity Information Sharing Act (CISA) ,
Data Protection ,
Department of Justice (DOJ) ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Popular ,
Proposed Rules
The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more
The Biden administration has issued a long-awaited executive order authorizing regulation of U.S. investments in Chinese semiconductor, quantum computing and AI companies. The Treasury Department published a corresponding...more
On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry Security (“BIS”) released new export control regulations (the “New Regulations”) that intensify and complicate U.S. and non-U.S. companies’ international...more
The President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more
The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has adjusted U.S. export controls in ways that dramatically limit unlicensed supply to Russia or Belarus of many types of software with encryption...more
The U.S. government is expanding international trade restraints against Huawei Technologies Co. Ltd. (“Huawei”) and its affiliates in an effort to further restrict Huawei’s access to U.S. technologies.....more
8/20/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Cybersecurity ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Telecommunications ,
Trump Administration
On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System” (“E.O. 13920”) to address what the Trump Administration considers to be national security threats to the U.S....more
6/17/2020
/ Bulk Electric System ,
CFIUS ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Executive Orders ,
Foreign Suppliers ,
National Security ,
Power Purchase Agreements ,
Supply Chain ,
Trump Administration
The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more
1/21/2020
/ CFIUS ,
Change of Control ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment ,
Investment Funds ,
Jurisdiction ,
National Security ,
New Regulations ,
Personal Data ,
Popular ,
Principal Place of Business ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Sensitive Personal Information
On November 27, 2019, the U.S. Department of Commerce (“Commerce”) published a proposed rule, “Securing the Information and Communication Technology and Services Supply Chain,” that would implement Executive Order 13873 of...more
12/23/2019
/ Comment Period ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Digital Marketplace ,
Factoring Transactions ,
Foreign Adversaries ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") published a notice of proposed rulemaking requesting public comment on the U.S. government's process for identifying "emerging...more
Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more
8/6/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Control Reform (ECR) ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Foreign Policy ,
Investment Funds ,
Jurisdiction ,
Licenses ,
National Security ,
Pending Legislation ,
Popular ,
Screening Procedures ,
Technology Sector ,
Technology Transfer Agreements ,
Trump Administration
On April 15, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") imposed a "denial order" against Zhongxing Telecommunications Equipment Corporation ("ZTE Corporation") and ZTE Kangxun...more