On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule (IFR), establishing new export controls targeting advanced artificial intelligence (AI) chips and model...more
1/24/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Data Centers ,
Data Security ,
Export Administration Regulations (EAR) ,
Export Controls ,
Intellectual Property Protection ,
Machine Learning ,
National Security ,
Regulatory Requirements ,
Technology Sector
Earlier this week, the U.S. Office of Foreign Assets Control (OFAC) and the UK Office of Financial Sanctions Implementation (OFSI) published a Memorandum of Understanding (MoU), which was previously signed on October 9, 2024,...more
The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk.
The regulations have broad...more
11/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Brownfield Properties ,
Bureau of Industry and Security (BIS) ,
China ,
Final Rules ,
Greenfield Projects ,
Investment ,
Joint Venture ,
Limited Partnerships ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Notifications ,
Popular ,
Risk Management ,
SDN List ,
Semiconductors ,
U.S. Treasury
On September 23, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) released for public inspection a Notice of Proposed Rulemaking that seeks to prohibit the sale or import of connected vehicles (CVs)...more
The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more
7/16/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Covered Entities ,
Covered Transactions ,
Foreign Investment ,
Investment ,
Limited Partnerships ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Prohibited Transactions ,
Proposed Regulation ,
U.S. Treasury
On May 28, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR) to better implement the Biden-Harris Administration’s policy aimed at...more
6/10/2024
/ Biden Administration ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Sanctions ,
Entrepreneurs ,
Export Controls ,
Human Rights ,
Internet ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Private Sector ,
U.S. Treasury
On April 11, 2024, the U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM), which is the first substantive...more
On March 29, 2024, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) issued an interim final rule (“2024 IFR”) clarifying and correcting its October 2023 interim final rules on advanced...more
4/9/2024
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Semiconductors ,
Supply Chain
New Tri-Seal Compliance Note highlights sanctions and export control compliance expectations for non-U.S. persons.
Three agencies overseeing U.S. trade law compliance provided an overview of where U.S. sanctions and export...more
3/27/2024
/ Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Transactions ,
Foreign Corporations ,
Foreign Direct Product Rule ,
Foreign Jurisdictions ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Risk Assessment ,
Risk Mitigation ,
Trade Relations ,
U.S. Commerce Department ,
U.S. Treasury
The BIOSECURE Act would prohibit federal agencies from contracting with, extending loans to, or awarding grants to, any company with existing or pending agreements with identified biotechnology companies. This limits funding...more
On March 1, 2024 the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on regulations that aim to reduce the national security risks...more
FinCEN is focused on customer due diligence, and both the 2024 Investment Adviser Risk Assessment and proposed rule indicate that investment advisers will be expected to assess customer identity, business model, and sources...more
3/15/2024
/ AML/CFT ,
Anti-Corruption ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
CDD ,
CFIUS ,
China ,
Customer Identification Program (CIP) ,
Due Diligence ,
Exempt Reporting Advisers (ERAs) ,
Financial Institutions ,
FinCEN ,
Infrastructure ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investors ,
No-Action Letters ,
Popular ,
Private Funds ,
Proposed Rules ,
Risk Assessment ,
Russia ,
Securities and Exchange Commission (SEC) ,
SIFMA ,
Suspicious Activity Reports (SARs) ,
Technology Sector
This past year saw a continued trend in building supply chain resiliency, as this topic has grown increasingly important following Covid-19, the conflict in Ukraine, shifting landscape on tariffs, forced labor concerns and a...more
2/23/2024
/ China ,
Customs and Border Protection ,
Export Controls ,
Forced Labor ,
Foreign Adversaries ,
Imports ,
National Security ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
During 2023 both Congress and the Biden Administration repeatedly expressed the need to secure critical supply chains, particularly batteries that rely heavily on lithium and critical minerals sourced from China. Concerns...more
1/31/2024
/ Batteries ,
China ,
Entity List ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Inflation Reduction Act (IRA) ,
National Security ,
Supply Chain ,
Tax Credits ,
Uyghur Forced Labor Prevention Act (UFLPA)
On November 6, 2023, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) announced a $206,213 settlement with Swift Prepaid Solutions, Inc. d/b/a daVinci Payments (daVinci) for apparent violations of...more
On November 6, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) held a public briefing to address industry questions concerning the latest export controls on advanced computing and semiconductor...more
Following the October 7 attack on Israel by Hamas, the Treasury Department’s Office of Foreign Assets Control (OFAC) has undertaken several initial sanctions steps to counter terrorist financing and call attention to...more
Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...more
9/22/2023
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
NDAA ,
Russia ,
Semiconductors ,
U.S. Treasury
On August 9, 2023, President Biden issued an Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. The new Executive Order (EO) is the...more
If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China.
The regulations may be established by an executive order,...more
7/27/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Corporate Counsel ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
International Trade ,
Investment ,
NDAA ,
Outbound Transactions ,
Semiconductors
On February 24, 2023, the one-year anniversary of the Russia-Ukraine conflict, the United States released extensive new measures designed to impose additional sanctions on Russia for its aggression against Ukraine. These new...more
This post marks the third entry in our Year-in-Review series. For prior posts, click here. Many of the first measures that the United States, European Union and United Kingdom collectively took against Russia in 2022 related...more
This post marks the second entry in our Year-in-Review series. For prior posts, click here. Few sectors have been more affected by the sanctions on Russia than the energy industry....more
On December 5, 2022, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced a $60 per barrel price cap on maritime transfers of Russian-origin crude oil. The final cap level is being implemented...more
The US Department of Treasury recently released Enforcement and Penalty Guidelines (“Guidelines”) that outline conduct violating the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) regulations....more