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 Committee on Foreign Investment in the United States (CFIUS) has taken another significant step in transforming from a limited jurisdiction interagency committee that primarily reviewed voluntary filings into a body with...more
The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has issued a final rule (the Access Rule) regarding access to and use of beneficial ownership information (BOI) maintained by FinCEN....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
The Committee on Foreign Investment in the United States (CFIUS) reportedly observed limits on its authority in a recent case to examine and potentially disturb foreign investment transactions for national security reasons....more
On April 19, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) imposed a $300 million civil penalty on Seagate Technology LLC, a U.S. supplier of data-storage products. BIS found that...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
Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more
On December 18, 2020, the Bureau of Industry and Security (“BIS”) announced the addition of 77 new entities, including Semiconductor Manufacturing International Corporation (“SMIC”), to the Entity List. ...more
2/12/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Military End Use ,
National Security ,
Regulatory Requirements ,
Semiconductors
On January 5, 2021, President Trump issued Executive Order 13971 (the “Executive Order”) that provides for prohibitions on U.S. persons engaging in transactions with persons that develop or control any of the following eight...more
1/11/2021
/ China ,
Data Collection ,
Executive Orders ,
Foreign Policy ,
Mobile Apps ,
National Security ,
Personal Data ,
Popular ,
Prohibited Transactions ,
Social Media ,
Software ,
Trump Administration
Late last week, a Magistrate Judge for the U.S. District Court for the Northern District of California issued an order granting a motion for a nationwide preliminary injunction forbidding implementation of sanctions against...more
9/21/2020
/ China ,
Data Collection ,
Economic Sanctions ,
Executive Orders ,
First Amendment ,
Mobile Apps ,
National Security ,
Preliminary Injunctions ,
Social Media ,
TikTok ,
Trump Administration
Last week, the Department of Commerce took steps to implement sanctions targeting China’s mobile applications WeChat, owned by Tencent Holdings Ltd. (“WeChat Sanctions”), and TikTok, owned by ByteDance Ltd. (“ByteDance”)...more
As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more
9/16/2020
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
Regulatory Requirements
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
As noted in our recent alert, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) on July 14, 2020. On the same day, the President also issued an Executive Order on Hong Kong Normalization (the “Executive...more
Yesterday, after unanimous passage by the U.S. Congress, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) in retaliation against China for it's “Law on Safeguarding National Security in the Hong Kong...more
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
On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System (“E.O. 13920”),” to authorize restrictions on “bulk-power system electric equipment” if there is a connection to a...more
It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more
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 December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more
1/2/2020
/ Aircraft ,
Aircraft Equipment ,
Aircraft Sales ,
CAATSA ,
Criminal Investigations ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Drug & Alcohol Abuse ,
Drug Trafficking ,
Economic Sanctions ,
Energy Policy ,
Energy Projects ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Persons ,
Foreign Relations ,
Germany ,
Huawei ,
Iran ,
Iran Sanctions ,
National Security ,
Natural Gas ,
NDAA ,
North Korea ,
Oil & Gas ,
Opioid ,
Pain Management ,
Patriot Act ,
Pharmaceutical Industry ,
Pipelines ,
Popular ,
Procurement Guidelines ,
Risk Management ,
Russia ,
Strict Compliance ,
Supply Chain ,
Syria ,
Telecommunications ,
Trump Administration ,
Turkey ,
U.S. Commerce Department ,
United Nations
On December 13, 2019, the National Security Division (“NSD”) of the U.S. Department of Justice (“DOJ”) released a revised enforcement policy (“the Policy”) meant to encourage companies to voluntarily self-disclose potentially...more
12/23/2019
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
FCPA Corporate Enforcement Policy (CEP) ,
FCPA Guidance ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Sanction Violations ,
Self-Disclosure Requirements ,
Voluntary Disclosure
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