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Foreign Adversaries Committee on Foreign Investment in the United States

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - August 2024

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The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

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The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

Morrison & Foerster LLP

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

Morrison & Foerster LLP

CFIUS Updates: New Rules to Sharpen Process and Enforcement Authorities

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) unveiled updates to its regulations that sharpen CFIUS’s processes and enforcement authorities. Together with remarks by U.S. government...more

Wiley Rein LLP

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

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Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more

Wiley Rein LLP

House Select Committee on the CCP Releases Report Proposing Changes to CFIUS

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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

Haynsworth Sinkler Boyd, P.A.

Proposed Bill Could Increase CFIUS Jurisdiction, Further Restrict FDI

A trend in international investment is continuing. Legislators want the Committee on Foreign Investment in the United States (CFIUS) to be more strict on Foreign Direct Investment (FDI) in a way that could affect Greenfield...more

Maynard Nexsen

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

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Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we...more

Bradley Arant Boult Cummings LLP

Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews

President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more

Morgan Lewis

Could Sensitive Personal Data Become Export Controlled?

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Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

ArentFox Schiff

US Threat Assessment: China and Russia Remain Priority, While Emerging Technology and Global Health Security Gain in Importance

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Last week, the House Permanent Select Committee on Intelligence (HPSCI) and the Senate Select Committee on Intelligence (SSCI) each held a hearing on the US Intelligence Community’s (IC) 2022 Annual Threat Assessment, a...more

Morrison & Foerster LLP

Information and Communications Technology and Services Supply Chain Developments

On November 26, 2021, the U.S. Department of Commerce (“Commerce”) published a Proposed Rule that expanded on a prior rule implementing provisions of Executive Order 13873 on Securing the Information and Communications...more

Jackson Walker

Texas and Federal Government Seek to Protect U.S. Infrastructure From Disruption by Foreign Adversaries

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The Lone Star Infrastructure Protection Act (LIPA), a new Texas law that went into effect June 2021, prohibits Texas businesses and governments from contracting with entities owned or controlled by individuals from China,...more

Holland & Knight LLP

Biden Signs Executive Order to Protect Personal Data from Foreign Adversaries

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The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more

Wiley Rein LLP

Commerce Calls for Public Input on Licensing Procedures for ICTS Transactions Involving “Foreign Adversaries”

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On March 29, 2021, the U.S. Department of Commerce (Commerce or the Department) issued an advance notice of proposed rulemaking (ANPRM) regarding new licensing procedures for Commerce’s January 2021 interim final rule for...more

Jones Day

Commerce Department Rule Authorizes Review of ICTS Transactions Involving "Foreign Adversaries"

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The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more

White and Williams LLP

Department of Commerce Issues New Interim Final Rule on Securing the Information and Communications Technology and Services Supply...

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n late January 2021, the U.S. Department of Commerce issued an Interim Final Rule (Interim Rule) that would empower the Department to prohibit, mitigate and unwind certain categories of transactions with certain foreign...more

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Reviewing Comments on Interim Final ICTS Rule

Key Points - On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

Husch Blackwell LLP

Commerce Publishes Interim Final Rule Addressing “Foreign Adversaries” In ICTS Supply Chain

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On January 19, 2021, the U.S. Department of Commerce (Commerce) published a long-awaited interim final rule to address the use of goods or services sourced from “foreign adversaries” in the U.S. supply chain for information...more

Pillsbury - Global Trade & Sanctions Law

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

Husch Blackwell LLP

Commerce Department Publishes Interim Final ICTS "Foreign Adversary" Rules

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Key Point: New rules will impact the use of equipment and digital services sourced from China and other “foreign adversaries” in a wide variety of transactions and activities that potentially pose a risk to U.S. national...more

Snell & Wilmer

New Commerce Rule Injects Uncertainty Into Foreign Transactions Involving Information and Communications Technology

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On January 14, 2021, the U.S. Department of Commerce issued an interim final rule to address national security, economic security, and public health and safety concerns related to Information and Communications Technology and...more

Lowenstein Sandler LLP

Hypersonics Race Raises National Security Concerns For U.S. Businesses

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U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more

ArentFox Schiff

National Security Podcast: US Government Zeros in on China

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Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more

King & Spalding

Executive Order Restricts Foreign Supply to U.S. Bulk-Power System

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On May 1, 2020, President Donald J. Trump signed Executive Order 13920 declaring a national emergency regarding threats posed to the U.S. bulk-power system by electrical equipment supplied by “foreign adversaries.” (BPS EO)...more

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