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Opportunities Abound after House Passes $1.2 Trillion Infrastructure Investment and Jobs Act

Enactment of the massive infrastructure package creates funding opportunities as federal agencies prepare to award funds across a large swath of U.S. sectors and industries, including energy, broadband, water, transportation,...more

Commerce Imposes New Export Controls on Cybersecurity Items and Adds a Corresponding License Exception

On October 21, 2021, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) announced an interim final rule (Interim Rule), which will amend the Export Administration Regulations (EAR) to add controls for the...more

Senate Passes $1.2 Trillion Infrastructure Package, Tees up $3.5 Trillion Budget Reconciliation Bill

The Senate action sets the stage for weeks of fierce negotiation and tough compromises, including for those seeking infrastructure funding “wins” and the targets of new “pay-for” measures to fund the bill, including through...more

Biden Administration Proposes Significant Increases to Buy American Domestic Content Requirements – Takeaways for Contractors and...

On July 30, 2021, the Biden Administration published a Proposed Amendment to the Federal Acquisition Regulation (FAR) (Proposed Rule) that, among other things, would impose significantly increased U.S. content requirements...more

New GSA Regulations Governing Foreign Ownership Disclosure

GSA issues new regulations requiring certification as to foreign ownership and foreign financing of high-security leased space. Effective June 30, 2021, GSA has adopted new regulations mandating the disclosure of foreign...more

New FCC Proposed Rules Would Prohibit Equipment Authorizations and Participation in License Auctions for Companies Posing National...

As part of its continuing efforts to protect US communications networks from communications equipment and services that pose a national security risk, the Federal Communications Commission (FCC) on June 17, 2021, released a...more

China Passes Sweeping Anti-Foreign Sanctions Law

In passing the Anti-Foreign Sanctions Law, China creates the most wide-ranging legal tool to counter sanctions imposed by the U.S., the European Union and other foreign countries. All entities and individuals (including...more

Biden Administration Updates Framework for China-Related Investment Prohibitions and Expands the Scope of Restricted Chinese...

E.O. 14032 signals that the Biden Administration will continue to restrict U.S. investments into China’s defense and surveillance technology sectors. The prior Administration’s November 2020 Executive Order (E.O.) 13959...more

China’s MOFCOM Issues Internal Export Control Program Guidelines

Following the new Export Control Law of China that encourages all exporters to establish an internal compliance program, China’s Ministry of Commerce (MOFCOM) has published guidelines for the internal compliance programs of...more

U.S. Announces Broad Array of New Russia Sanctions

On April 15, 2021, the U.S. Government announced broad new sanctions authorities that can be used to target Russia and implemented limitations on dealings in Russian sovereign debt. These measures were imposed pursuant to a...more

The Coup in Myanmar — U.S. Announces Initial Response with Targeted Sanctions and Export Controls

In response to the recent military coup in Myanmar (also known as Burma) against the democratically-elected government, on February 11, 2021 the Biden Administration issued an Executive Order on Blocking Property with Respect...more

Federal Support for Defense Uses of Advanced Nuclear

Summary of the EO - On January 12, 2021, former President Trump issued an EO on Promoting Small Modular Reactors for National Defense and Space Exploration. The EO directs the Department of Energy (DOE), Department of...more

CBP’s Region-Wide WRO Escalates Pressure in China’s Xinjiang Region

On January 13, 2021, U.S. Customs and Border Protection (CBP) issued a withhold-release order (WRO) on all cotton and tomato products from China’s Xinjiang Uyghur Autonomous Region (XUAR) based on information that reasonably...more

Commerce Department’s New ICTS Rule Raises Additional Considerations for Cross-Border Transactions

On January 19, 2021, the Commerce Department issued an interim final rule to implement the Executive Order on Securing the Information and Communications Technology and Services Supply Chain (E.O. 13873), which was issued on...more

Congress Requires Foreign Ownership Disclosures for Federal Government Tenancies of “High-Security Leased Spaces”

Federal government lessees seeking to occupy high-security spaces in foreign-owned buildings will be required to obtain complete beneficial ownership and impose access restrictions on owners and property managers. The...more

U.S. Commerce Department Publishes Lists of Military End Users in China and Russia Subject to Export License Requirements

On December 21, the Bureau of Industry and Security (BIS) published a Military End User (MEU) list to further implement the military end user/end use (MEU) rule defined in Section 744.21 of the Export Administration...more

New U.S. Sanctions Target Turkey’s Defense Sector

On December 14, 2020, the U.S. Department of State initiated a series of sanctions pursuant to Section 231 of the Countering America’s Adversaries Through Sanctions Act (CAATSA) that target the Turkish Presidency of Defense...more

China Tensions Persevere: Trump Issues Executive Order Prohibiting U.S. Investments in Chinese Companies

On November 12, 2020, President Trump issued an Executive Order (E.O.) prohibiting U.S. persons from engaging in any transaction (defined as a “purchase for value”) of publicly traded securities, or transacting in financial...more

Trump vs. Biden: An International Trade Briefing

Despite fundamentally different approaches and worldviews, the candidates make remarkably similar diagnoses of what historical issues must be addressed. Despite the combative rhetoric over President Trump’s use of tariffs...more

Trump vs. Biden: A Foreign Policy Brief

Doubling down on an America First foreign policy, a second term for President Trump would focus on continued unwinding post 9/11 military involvement in the Middle East while pursuing normalization of ties between Israel and...more

India Announces New Opportunities for Defense Contractors, Investors

As part of the Indian government’s initiatives to revitalize the Indian economy, particularly defense manufacturing, it recently announced new initiatives aimed at foreign defense contractors and investment. The Indian...more

U.S. Steps Up Pressure on Iran With Sanctions on Additional Financial Institutions and Continuation of Arms Embargo

Continuing its “maximum pressure” campaign against Iran, the United States has (a) ratcheted up sanctions under Executive Orders that provide for the imposition of secondary sanctions on non-U.S. companies that engage in...more

U.S. Commerce Department Implements Multilateral Controls on Six Emerging Technologies

On October 5, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule that imposes new multilateral controls on six “emerging technologies,” agreed during the December 2019 plenary meeting...more

U.S. Commerce Department Announces Prohibited Transactions Related to WeChat and TikTok But Implementation Is Delayed

On September 18, 2020, the U.S. Commerce Department published two rules defining the scope of prohibited transactions related to the mobile applications, WeChat and TikTok. The scope of prohibited transactions clarified the...more

CFIUS Issues Final Rule Basing Mandatory Declaration Requirement on U.S. Export Control Criteria

On September 15, 2020, the U.S. Department of Treasury published a final rule that removes the mandatory declaration requirement for filings to the Committee on Foreign Investment in the United States (CFIUS) based on North...more

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