In connection with recent Russia-related sanctions issued by the US government, organizations face a variety of issues when navigating the questions of who and what transactions may be subject to the reach of these sanctions....more
The United States, United Kingdom, and Australia have signed a historic agreement that will allow Australia to operate—and potentially construct—nuclear-powered submarines. This cooperative engagement reflects, in part, the...more
President Trump’s Executive Order Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies (EO 13959) prohibits transactions by or on behalf of US persons in publicly traded...more
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) published final rules on January 15, 2021, implementing the sanctions put in place by Executive Order 13936 (EO 13936) and the Hong Kong Autonomy Act...more
2/1/2021
/ China ,
Economic Sanctions ,
Executive Orders ,
Foreign Entities ,
Foreign Relations ,
General Licenses ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC)
The US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule on January 15 to implement changes to, and impose new licensing obligations under, the Export Administration Regulations...more
1/28/2021
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
End-Users ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
National Security ,
WMD
The secretary of the US Department of Energy (DOE) issued an order on December 17 prohibiting electric utilities from installing equipment or components provided by Chinese companies in electric facilities serving designated...more
The new Executive Order (EO or the Order) bans transactions by US persons in publicly traded securities of companies identified as “Chinese military companies,” and includes a ban on trading in derivatives of those securities...more
11/18/2020
/ China ,
ETFs ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Publicly-Traded Companies ,
Securities Transactions ,
Trump Administration
The US Secretary of the Treasury announced sanctions this summer on 11 individuals who the Secretary views as being involved in implementing the recently enacted Law of the People’s Republic of China on Safeguarding National...more
President Donald Trump issued Executive Order 13936 on July 14 titled “The President’s Executive Order on Hong Kong Normalization” (the Executive Order or EO 13936). On the same day, the Hong Kong Autonomy Act (HR 7440) was...more
7/29/2020
/ China ,
Economic Sanctions ,
Executive Orders ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Preferential Trade Status ,
Risk Management ,
SDN List ,
Trump Administration
This LawFlash provides an overview of the recent executive order limiting the US use of bulk-power system equipment produced by “foreign adversaries,” initial guidance on key questions, and issues that will remain unresolved...more
The CFIUS real estate regulations reflect a new emphasis on real estate transactions based on proximity to military installations and certain critical infrastructure, requiring careful analysis when deciding whether a real...more
Autonomous cars, sports betting, and CBD products have burst onto the scene, setting the stage for major developments in how companies do business and how regulators monitor new innovations....more
2/10/2020
/ Affordable Care Act ,
Appropriations Bill ,
Automotive Industry ,
Big Data ,
Bioengineering ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cyber Attacks ,
Cybersecurity ,
Decriminalization of Marijuana ,
Final Rules ,
FIRRMA ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Foreign Investment ,
Health Insurance ,
Healthcare Reform ,
Intellectual Property Protection ,
Legislative Agendas ,
Marijuana ,
Medicaid ,
Medical Foods ,
National Security ,
Oil & Gas ,
Pipelines ,
Plant Based Products ,
Recreational Use ,
Retail Market ,
Sports Betting ,
Sports Gambling ,
Standard Essential Patents ,
Taxation ,
USDA
On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). ...more
On September 17, 2019, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued proposed regulations implementing the remaining aspects of the Foreign Investment Risk Review and Modernization...more
The Trump administration has issued a fourth set of proposed tariffs on an additional $300 billion of goods related to China, this time adding a range of commercial goods across industries. This round affects medical devices...more
To address national security interests and prevent the unauthorized transfer of scientific and technical information to certain foreign entities, the US Department of Energy (DOE) issued Order No. 486.1 on June 7. ...more
With many companies focused on analyzing transactions for applicability of the Committee on Foreign Investment in the United States’ (CFIUS or Committee) pilot program mandatory declaration requirements, transacting parties...more
The August 2018 enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA) came after more than two years of debate over the appropriate scope of jurisdiction for the Committee on Foreign Investment in the...more
As the public focuses attention on the influence of foreign investment in mergers and acquisitions, the national security apparatus continues to highlight the need to examine foreign influence in other areas of the economy,...more
Section 301 provides the president with broad authority to implement new policies and procedures that could impact reviews of Chinese investment in the United States. The president could rely on the International Emergency...more
3/27/2018
/ CFIUS ,
China ,
Foreign Investment ,
Intellectual Property Protection ,
International Emergency Economic Powers Act (IEEPA) ,
Joint Venture ,
Judicial Review ,
National Security ,
Popular ,
Presidential Memorandum ,
Section 301 ,
Technology Sector ,
Trade Relations ,
Trade Secrets ,
Trump Administration ,
USTR ,
WTO