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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

Updated List of U.S. National Security Actions Impacting Supply Chains

Pillsbury’s International Trade team is tracking developing U.S. government measures with widespread implications for the tech, telecom and government contracting industries. The Trump administration has long focused on...more

House and Senate Pass NDAA Bills That Include Expanded U.S. Sanctions on Nord Stream 2 Pipeline Construction and State Department...

On July 23, 2020, the U.S. Senate passed its version of the National Defense Authorization Act for fiscal year 2021 (NDAA) which includes an amendment that expands sanctions in connection with the Nord Stream 2 and TurkStream...more

8/13/2020  /  CAATSA , NDAA , Pipelines , Sanctions

Executive Orders Target TikTok and WeChat Application Makers

On August 6, 2020, President Trump issued a pair of executive orders targeting China’s Tencent Holdings Ltd. (Tencent) and its mobile application WeChat and ByteDance Ltd. (ByteDance) and its mobile application TikTok. The...more

U.S. Government Efforts to Eliminate Supply Chain Threats from China to Telecommunications Networks

The U.S. government has issued several rules aimed at excluding, and in some cases removing, Chinese-origin equipment from U.S. telecommunications networks. Most of these rules apply to U.S. government networks, but some...more

DoD Bans Use of Russian-Sourced Energy at U.S. Military Bases in Europe

In an effort to curb the potential risk associated with reliance upon the Russian Federation for energy, the Department of Defense issued a class deviation that prohibits contractors from using any Russian-sourced energy to...more

BIS Adds 33 Chinese Entities to Entity List

On May 22, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it will add 33 Chinese companies and institutions to the Entity List. The designations will prohibit the export,...more

CFIUS Proposes Mandatory Declaration Requirement Based on U.S. Export Control Criteria

On May 21, 2020, the U.S. Department of the Treasury published a proposed rule that would revise the mandatory declaration requirement for foreign investments involving a U.S. business that produces, designs, tests,...more

BIS Amends Direct Product Rule To Target Huawei But Extends Huawei Temporary General License

On May 15, 2020 the Commerce Department announced an amendment to the direct product rule that further restricts the ability of Huawei Technologies Co., Ltd. and its affiliates on the Entity List, such as HiSilicon...more

CFIUS and Critical Technologies: Implications for the Biotechnology and Life Sciences Sector

The COVID-19 pandemic has generated a renewed focus on biotechnology and life sciences companies. Non-U.S. investors need to be aware of the potential that the Committee on Foreign Investment in the United States (CFIUS) may...more

New Filing Fees For CFIUS Notices Enter Into Effect

Beginning on May 1, 2020, the Committee on Foreign Investment in the United States (CFIUS) will require a fee for any joint voluntary notice of a “covered transaction” or “covered real estate transaction.” This requirement...more

New Export Control Rules Confront Integration of Civilian and Military Technology Development in China, Russia, and Venezuela

On April 28, 2020, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published two final rules that will eliminate the license exception for civil end users (CIV) in the People’s Republic of China, Russia,...more

Treasury and CBP Temporary Rule on 90-Day Deferment for Payment of Certain Duties

On April 19, 2020, the Treasury Department in conjunction with Customs and Border Protection (CBP) released a temporary interim final rule (“Rule”) to provide importers that meet the qualifying criteria with the option of a...more

Examining CFIUS Implications for the Real Estate Market in the Post COVID-19 World

The COVID-19 pandemic and the resulting economic turmoil have the potential to shake up the U.S. real estate market due to an anticipated influx of real estate investors looking to purchase heavily discounted, distressed...more

Executive Order Establishes New Committee to Review Foreign Investment in Communications Companies

TAKEAWAYS - Establishes deadlines for Committee to respond to FCC referrals - Invites Committee review of existing license holders - Resolution of long pending FCC proposed rulemaking expected - On April 4, 2020, the White...more

Temporary FEMA Rule: Export Approvals Required for Certain Personal Protective Equipment

On April 7, 2020, the Federal Emergency Management Agency (FEMA) released for public inspection a temporary rule that prohibits the export of five types of personal protective equipment (PPE) without explicit approval by...more

Mitigating CFIUS Risks for Foreign Lenders and Investors as Defaults and Uncertainty Mount in the COVID-19 World

TAKEAWAYS - A transfer of control of a borrower or its business to non-U.S. lenders who exercise remedies under financing documents could trigger CFIUS issues. CFIUS regulations adopted in February 2020 dramatically...more

USTR Launches New Exclusion Request Procedure to Address COVID-19

On Friday, March 20, 2020, in an effort to fight against the coronavirus pandemic, the U.S. Trade Representative (USTR) announced that it is accepting exclusions requests to remove tariffs imposed on Chinese origin...more

CFIUS Update: Chinese Company Ordered to Divest Acquisition of U.S. Hotel Software Company

On March 6, 2020, President Trump issued an Executive Order (“EO”) instructing the Chinese company Beijing Shiji Information Technology Co., Ltd. (“Shiji”) to divest its acquisition of StayNTouch, Inc., a U.S.-based software...more

CFIUS Unveils Proposed Rule to Impose Filing Fees

On March 5, 2020, the U.S. Department of the Treasury issued a proposed rule establishing filing fees for parties submitting a voluntary notice to the Committee on Foreign Investment in the United States (CFIUS) for “covered...more

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