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
The US Commerce Department, Bureau of Industry and Security (BIS), published an interim final rule on April 4, 2024 addressing corrections and revisions to the previously issued Export Administration Regulations (EAR)...more
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
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
The Government Accountability Office (GAO) has issued its report on the national security implications of how the US government collects, shares, and considers foreign purchases and ownership of US agricultural land. It...more
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
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
President Joseph Biden issued an executive order on October 30 designed to protect against the risks of artificial intelligence (AI) while encouraging the global growth and expansion of AI development and use....more
On October 19, 2023, the US Department of Commerce, Bureau of Industry and Security (BIS), unveiled two updated interim final rules concerning semiconductor manufacturing equipment and advanced computing items. The two...more
The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.”...more
The US government’s multibranch effort to implement a new regulatory regime designed to regulate outbound investments based on national security concerns moved forward with the White House’s August 9, 2023 Executive Order, EO...more
The Committee on Foreign Investment in the United States (CFIUS or Committee) recently released its annual report for 2022. The report contains data that provides potentially useful insights into how CFIUS is functioning, the...more
The US Senate approved an amendment to the National Defense Authorization Act adding mandatory notifications of certain outbound investments in certain countries, including the People’s Republic of China....more
Export controls have long been a key tool the United States has used to manage the country’s complex relationship with China and the relationship among China, the United States, and US allies or partners. The Biden...more
The Committee on Foreign Investment in the United States (CFIUS) caught some lawyers and businesses off guard in early May 2023 when it issued new Frequently Asked Questions (FAQ) indicating that staged transactions that...more
Tensions between the United States and China have increased markedly in recent years, ushering in possible implications for both long-term national security and everyday commerce. As a first step in navigating potential and...more
The comment period has opened for the US Department of Commerce’s recently issued CHIPS for America incentive program notice of proposed rulemaking, which lays out funding requirements, incentives, and restrictions for...more
Investors and targets generally view cross-border transactions from a risk-based perspective. That calculus applies not only to the manner in which an investment is made, but also to the level of diligence conducted, the...more
This Insight outlines, at a high level, the prior US outbound investment regime, its structure, and some reasons for its ultimate demise. We discuss some useful lessons from the prior attempt and identify areas where...more
Congress recently passed and sent to the president the Protecting American Intellectual Property Act of 2022. The act mandates sanctions on entities and individuals identified by the executive branch as having committed...more
Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more
11/8/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Departments of Commerce ,
Dual Use Goods ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Policy ,
National Security ,
Proposed Legislation ,
Software ,
Technology
The Financial Crimes Enforcement Network (FinCEN) of the US Department of the Treasury issued a final rule on September 29, 2022, implementing the bipartisan Corporate Transparency Act’s beneficial ownership information...more
President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more
9/22/2022
/ Biden Administration ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain
Concerns are growing over the national security impact of real estate purchases by foreign persons, only a small portion of which are reviewed by the Committee on Foreign Investment in the United States (CFIUS). These...more
Given its existing limitations, the Committee on Foreign Investment in the United States is ready for its next evolution—not a tweaking around the edges of an existing process that continues to perpetuate limitations to the...more