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Commerce Announces New Trade Controls Affecting Quantum Technologies and AI Developers

The Department of Commerce, Bureau of Industry and Security (BIS) just announced two developments impacting the Artificial Intelligence (AI) and advanced technologies sectors. Specifically, BIS imposed the first export...more

Key Points from the 2023 CFIUS Annual Report

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2023. In a year that featured lower deal volume, CFIUS...more

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

New Sheriff in Town: Treasury Proposes Unprecedented Outbound Investment Screening Regulations

On June 21, 2024, the Biden administration rolled out its outbound investment screening regulations. Last year, the Biden administration published an advanced notice of proposed rulemaking (ANPRM) that outlined the broad...more

DOJ National Security Division Issues First-Ever Declination Under Voluntary Self-Disclosure Policy

On May 22, 2024, the Department of Justice’s (DOJ) National Security Division (NSD) announced its first-ever prosecution declination under its corporate voluntary self-disclosure (VSD) policy for sanctions and export controls...more

President Biden Orders Chinese-Owned Firm to Divest Property Near Missile Base in Wyoming

On May 13, 2024, President Biden issued an Executive Order requiring MineOne Partners Limited and its affiliates (together, “MineOne”) to divest their interest in real property located less than one mile from Francis E....more

BIS Proposes Rule to Address Challenges of Artificial Intelligence and Malicious Cyber-Enabled Activities

On January 29, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a proposed rule to prevent foreign actors from using U.S. cloud computing services for malicious cyber activities. The proposal...more

Outbound Investment Review Program – Themes from Industry Comments

As discussed in our September 2023 Lawfare article, the Biden administration’s first-of-its-kind outbound investment review program seeks to limit outbound investments by U.S. investors in Chinese developers of certain...more

High Walls and Small Gardens: Biden Administration Unveils Outbound Investment Screening

On August 9, 2023, President Biden issued a long-anticipated executive order (EO) to address investments by U.S. persons in companies that engage with certain categories of technology and products located in the People’s...more

The Long and Winding Road: Key Points from the CFIUS Annual Report

In July 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2022. Although the Report’s data lags a bit, given we are eight...more

CFIUS Seeks to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

CFIUS Proposes to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

Department of Commerce Announces Changes to Voluntary Self-Disclosure Program that Significantly Alter Disclosure Incentives

Continuing the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) efforts to bolster enforcement and compliance, on April 18, 2023, BIS issued a memorandum announcing significant changes to its voluntary...more

The Department of Commerce Enhances Focus on Human Rights

The United States took two significant actions last week to cement its stance that protecting human rights around the globe is a central U.S. national security and foreign policy interest in export control policy and...more

New CFIUS Enforcement Guidelines Signal Expanded Compliance Focus

In what likely portends enforcement actions in the near future, the U.S. Department of the Treasury published its first ever CFIUS Enforcement and Penalty Guidelines (the “Guidelines”)....more

Key Points from the CFIUS Annual Report for Calendar Year 2021

Last month, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report to Congress covering 2021. The key takeaway is that CFIUS is more active than ever, subjecting a record number of...more

Commerce Department Plan to Nix “Emerging” and “Foundational” Technologies Distinction in Export Controls

Those who have been waiting to see how exactly the United States Department of Commerce will distinguish and ultimately control “emerging” and “foundational” technologies may not get an answer after all....more

Lawmakers Continue Push for Review of Outbound Investments

Revised draft legislation circulated June 13th is the most recent salvo in a long-running effort that is increasingly likely to create an unprecedented outbound investment review mechanism in the United States. ...more

CFIUS Prepares To Block Semiconductor Sale To Chinese Entity

As close observers of the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) are aware, the Committee has the authority to recommend that the President of the United States block a transaction on...more

CFIUS By The Numbers: Key Takeaways From The 2020 Annual Report

On July 26, 2021, the Committee on Foreign Investment in the United States (CFIUS) released its unclassified Annual Report to Congress for the 2020 calendar year. The Annual Report provides statistics and insights into the...more

Biden Issues Executive Order To Reset And Expand Sanctions On Chinese Military And Surveillance Companies

On June 3, 2021, President Biden issued a new executive order (E.O.), “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (E.O. 14032). The E.O. prohibits U.S....more

New OFAC FAQs Clarifying And Broadening Sanctions On Chinese Military Companies

On December 28, 2020, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued five new frequently asked questions (“FAQs”) that clarify the scope of Executive Order (“E.O.”) 13959, the basis for OFAC’s...more

Defense Bill Aims Additional Sanctions At Turkey, Russia, And China

One of the widest-ranging bills of the U.S. Congress’s legislative year, the National Defense Authorization Act for Fiscal Year 2021 (NDAA), is nearing the finish line as both the House and Senate overwhelmingly approved the...more

Trump Administration Gives Teeth To Pentagon List And Restricts U.S. Investment In Publicly Traded Securities Of Chinese Military...

Over the past summer, prompted by a bipartisan Congressional letter identifying a two‑decade‑old statute as an unused tool in confronting China’s strategy of “Military-Civilian Fusion,” the U.S. Department of Defense (“DOD”)...more

New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...more

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