The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to...more
The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on...more
On July 18, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) amending the U.S. Export Administration Regulations (EAR) so that certain technology and software...more
7/23/2024
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Huawei ,
ITAR ,
National Security ,
Supply Chain ,
Technology ,
U.S. Commerce Department
On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more
An August 4 deadline is fast approaching for comments to the U.S. Department of the Treasury’s Notice of Proposed Rulemaking (NPRM) that was issued June 21. The NPRM will restrict, for national security purposes, specific...more
7/16/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Covered Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Nationals ,
Intelligence Services ,
Investment ,
Investment Funds ,
Popular ,
PRC ,
Semiconductors ,
U.S. Treasury
The Biden Administration’s recent expansion of sanctions and export controls to counter Russian aggression will impact non-U.S. financial institutions and increase compliance risks for the business software sector and other...more
6/24/2024
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Financial Institutions (FFI) ,
General Licenses ,
Information Technology ,
Liquid Natural Gas ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Software ,
U.S. Treasury
On May 28, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced amendments to the Cuban Assets Control Regulations (CACR), which expand authorizations for certain financial and...more
6/5/2024
/ Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Sanctions ,
Entrepreneurs ,
Export Controls ,
Internet ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sole Proprietorship ,
U.S. Treasury
On May 13, 2024, President Biden took the rare step of issuing a Presidential decision ordering the divestment of Chinese-owned real estate located near the Francis E. Warren Air Force Base (Warren AFB) in Wyoming and the...more
5/17/2024
/ Bitcoin Mining ,
CFIUS ,
China ,
Cryptocurrency ,
Defense Production Act ,
Divestment ,
Investigations ,
Joe Biden ,
National Security ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
*This alert was originally published on May 3, 2024 and updated on May 8, 2024 based on a correction published by BIS that day.
The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed...more
The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule that would add a new license exemption in the International Traffic in Arms Regulations (ITAR) to reduce the licensing...more
The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more
On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more
3/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
National Security ,
OEM ,
U.S. Commerce Department
On January 23, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a new rule to expand and strengthen its existing export control restrictions under the Export Administration Regulations...more
On January 18, 2024, the U.S. Government Accountability Office (GAO) released a public report that found the U.S. Department of Agriculture (USDA) does not share timely data on foreign investments in agricultural land with...more
On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with...more
For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more
12/6/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
General Licenses ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Semiconductors
The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more
After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NDAA ,
Outbound Transactions ,
Semiconductors ,
U.S. Treasury
On May 19, 2023, the Biden Administration, in coordination with leaders of the Group of Seven (G7), announced new sanctions and restrictions on 300 individuals, entities, vessels, and aircraft tied to Russia following the G7...more
5/25/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
U.S. Commerce Department
On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more
5/8/2023
/ Agricultural Sector ,
CFIUS ,
China ,
Department of Defense (DOD) ,
FIRRMA ,
Jurisdiction ,
National Security ,
Proposed Rules ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
On February 24, 2023, the Biden Administration, in coordination with leaders of the Group of Seven (G7), announced a new round of economic measures primarily targeting the Russian Federation on the one-year mark of Russia’s...more
3/2/2023
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Supply Chain ,
Tariffs ,
Ukraine
On February 10, 2023, the Committee on Foreign Investment in the United States (CFIUS or the Committee) announced determinations that the United Kingdom (UK) and New Zealand have met the requisite criteria for remaining...more
On December 29, 2022, President Biden signed into law an omnibus government spending package, which includes explanatory statements regarding outbound investment initiatives. According to media reports and official statements...more
On December 21, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), in consultation with the U.S. Department of State, published two final rules amending its regulations to add or update...more
On December 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it is adding 36 primarily Chinese entities, including Chinese memory chip maker Yangtze Memory Technologies and...more