This past month, the U.S. Senate debated a provision in the Innovation and Competition Act that would require the Committee on Foreign Investment in the United States (CFIUS) to review any proposed gifts and contracts of $1...more
6/15/2021
/ CFIUS ,
China ,
Export Controls ,
Foreign Investment ,
Higher Education Act ,
Information Technology ,
Information Technology Outsourcing ,
National Security ,
Research and Development ,
Technology ,
Universities
A June 3, 2021 Executive Order (see our post here) designated 59 Chinese companies in which U.S. companies are prohibited from buying or selling securities. According to the Biden administration, those companies “threaten the...more
6/11/2021
/ Biden Administration ,
China ,
Compliance ,
Executive Orders ,
Foreign Investment ,
Geopolitical Risks ,
Investment Funds ,
Manufacturers ,
Securities ,
Startups ,
Supply Chain
Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before...more
12/17/2020
/ Asia ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
National Security ,
Recovery Plans ,
Russia ,
Trump Administration ,
UK
On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok.
WeChat -
On September 19, 2020, a California Federal Magistrate Judge issued a...more
9/23/2020
/ China ,
Executive Orders ,
First Amendment ,
International Emergency Economic Powers Act (IEEPA) ,
Mobile Apps ,
Online Platforms ,
Preliminary Injunctions ,
Social Media ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more
On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more
9/3/2020
/ 3D Printing ,
Artificial Intelligence ,
CFIUS ,
China ,
Drones ,
Export Administration Regulations (EAR) ,
Export Controls ,
MInistry of Commerce ,
MOFCOM ,
National Security ,
Personal Data ,
Software ,
Technology ,
Technology Sector ,
TikTok
What is the next move in the China-U.S. trade war? Where does the U.S. currently stand, what changes in exports have been implemented since the beginning of the trade war, and how might the war impact the growth of the...more
Robotic exoskeletons may augment human strength, endurance, and mobility. The latest CFIUS action has all the makings of a Terminator movie.
This month, the Committee on Foreign Investment in the United States (“CFIUS”)...more
On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S....more
Is your company in a high-risk zone? Does it have the following risk characteristics?
? Your company imports more than $10 million of goods.
? You are mid-market: between $50 million and $2 billion in annual turnover.
?...more
With round after round of tariffs on Chinese goods, announcements, removals, exclusions, delays, increases and, of course, tweets regarding all of the above, it can be easy to get lost on where, exactly, things stand with...more
The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all...more
12/19/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
With round after round of tariffs on Chinese goods, announcements, removals, exclusions, delays, increases and, of course, tweets regarding all of the above, it can be easy to get lost on where, exactly, things stand with...more
9/4/2019
/ China ,
Comment Period ,
Exclusions ,
Imports ,
Public Comment ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
Trade Wars ,
US Trade Policies ,
USTR
On July 1, 2019, only few days after Japanese Prime Minister Shinzo Abe opened the G20 summit with a speech endorsing an open global economy, the Japanese government announced that it will impose tighter controls on...more
On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
I spent last week in Seoul talking to clients about the latest changes to U.S. trade and sanctions policy (as South Korea is one of Iran’s largest trading partners, it is understandable that some concerns have arisen there in...more
6/8/2018
/ Business Opportunities ,
China ,
Cross-Border Transactions ,
Economic Sanctions ,
Foreign Investment ,
Foreign Relations ,
Infrastructure ,
North Korea ,
SDN List ,
South Korea ,
Trade Policy ,
Trump Administration
Chinese investment in the United States plummeted in 2017 and is likely to continue to fall. According to the Wall Street Journal, Chinese foreign direct investment in the United States declined 36% last year, from $46.2...more
• CFIUS takes an unprecedented step to fend off a potential foreign acquisition
• The threat that China will eclipse the U.S. in telecommunications infrastructure and technology is central to U.S. national security
•...more
3/9/2018
/ 5G Network ,
Advisory Opinions ,
Board of Directors ,
Broadcom ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Mergers ,
National Security ,
Qualcomm ,
Smartphones ,
Stockholders' Meetings ,
Takeover Bids ,
Technology Sector ,
Telecommunications ,
US Trade Policies
The U.S. Congress is currently considering legislation that would tap the brakes on foreign direct investment in the United States, particularly on investments in sensitive industries like artificial intelligence, robotics,...more
1/11/2018
/ Artificial Intelligence ,
CFIUS ,
China ,
FIRRMA ,
Foreign Direct Investment ,
Investors ,
Legislative Agendas ,
Robotics ,
Secretary of the Treasury ,
Semiconductors ,
Startups ,
Technology Sector
‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more
12/14/2017
/ CFIUS ,
China ,
Cybersecurity ,
Data Security ,
Foreign Direct Investment ,
Foreign Investment ,
Joint Venture ,
National Security ,
Personal Data ,
Popular ,
Proposed Legislation ,
Real Estate Transactions
On Monday, August 14, President Trump signed an executive memorandum directing U.S. Trade Representative Robert Lighthizer to consider a “Section 301” investigation against China....more
On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of...more
CFIUS has the power to unwind your M&A deal. That power will likely expand. That is the headline.
The Committee on Foreign Investment in the United States (CFIUS) reviews acquisitions by foreign parties of “critical...more
On August 30, 2015, the Washington Post broke a story that the Obama administration is developing a package of economic sanctions that will target Chinese companies and individuals who have benefitted from cybertheft. The new...more
9/18/2015
/ China ,
Compliance ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Espionage ,
Cybertheft ,
Data Breach ,
Foreign Corporations ,
Hackers ,
National Security Agency (NSA) ,
Nuclear Power ,
Obama Administration ,
Sanctions ,
Search Engines ,
Source Code ,
Visas
For years, a significant number of Foreign Corrupt Practices Act (FCPA) enforcement actions have focused on or involved the People’s Republic of China (PRC), Chinese subsidiaries, or Chinese officials. It is hard to avoid...more