President Donald Trump on Feb. 21, 2025, issued a National Security Presidential Memorandum (NSPM) titled "America First Investment Policy," outlining the administration's priorities regarding inbound and outbound...more
2/28/2025
/ America First Trade Policy ,
Artificial Intelligence ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Investment ,
National Security ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
In the latest episode of "Are We All Clear? Facilitating Security Clearances," guest host Marina O'Brien talks to fellow Holland & Knight International Trade Associates Molly O'Casey and Caroline Howard about their roles as...more
President Donald Trump signed an executive order (EO) pausing all future investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA) for at least 180 days, along with directing the U.S. attorney...more
President Donald Trump signed an Executive Order (EO) on Feb. 3, 2025, directing the Treasury and Commerce secretaries to submit a comprehensive plan within 90 days for the creation of the United States' first Sovereign...more
The U.S. Department of the Treasury's Final Rule on outbound investment screening went into effect on Jan. 2, 2025. The Final Rule establishes a much-awaited outbound investment screening regime, implementing Executive Order...more
1/13/2025
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Executive Orders ,
Export Controls ,
Final Rules ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Rulemaking Process ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Oct. 23, 2024, published a set of three rules concerning space-related...more
12/2/2024
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
National Security ,
Outer Space ,
Rulemaking Process ,
Time Extensions ,
U.S. Commerce Department ,
US State Departments
In this episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses how cleared companies follow guidelines and compliance when sharing employees or services with International Trade attorney...more
The Committee on Foreign Investment in the United States (CFIUS or Committee) on Aug. 14, 2024, announced its largest-ever enforcement action and launched a new section of its website dedicated to enforcement. In addition to...more
In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and...more
The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more
5/18/2023
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Property ,
National Guard ,
National Security ,
Proposed Rules ,
Real Estate Investments ,
US Air Force
Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments
The U.S. Department of the Treasury's Office of Foreign Asset Control (OFAC) recently issued two general licenses related to aviation and maritime safety. OFAC issued Russia-related General License 40C (GL 40C), Civil...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more
9/20/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
OSTP ,
Personally Identifiable Information ,
Popular ,
Supply Chain
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...more
In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more
5/24/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
China ,
Export Controls ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Semiconductors ,
State-Owned Enterprises ,
UK
On June 29, 2021, the U.S. Department of Transportation (DOT) issued a statement and show-cause order tentatively prohibiting the sale of passenger air transportation between the U.S. and Belarus, subject only to possible...more
The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more
6/14/2021
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Mobile Apps ,
National Security ,
Personal Data ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
The U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) might have left many vessel operators wondering how to avoid an economic sanctions violation when OFAC added Venezuela's maritime authority,...more
The U.S. Department of Commerce Bureau of Industry and Security (BIS) published a final rule on Jan. 19, 2021, amending the Export Administration Regulations (EAR) to implement the rescission of Sudan's designation as a State...more
President Donald Trump issued a new executive order – Executive Order Addressing the Threat Posed By Applications and Other Software Developed or Controlled By Chinese Companies – on Jan. 5, 2021, prohibiting any transaction...more
The Federal Aviation Administration (FAA) on Dec. 28, 2020, released two Final Rules intended to accelerate the integration of unmanned aircraft systems (UAS) – or drones – into the national airspace system. The first Final...more
12/31/2020
/ Airspace ,
Commercial Use ,
Drones ,
Federal Aviation Administration (FAA) ,
Final Rules ,
Fourth Amendment ,
Licenses ,
NTSB ,
Regulatory Standards ,
TSA ,
Unmanned Aircraft Systems
As the Trump Administration draws to a close, the U.S. Department of Transportation (DOT) has issued two final rules that have long been on the "wish list" of U.S. and foreign carriers. The first rule dramatically revised...more
Citing the "unprecedented impact" of COVID-19 on air travel demand, the U.S. Department of Transportation (DOT) on May 12, 2020, issued a document that provided answers to frequently asked questions (FAQs) concerning air...more