News & Analysis as of

Information and Communication Technology (ICT) Executive Orders

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

Lowenstein Sandler LLP

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

Ford Motor Company Agrees to $365M Settlement for Attempted Tariff Engineering Ford has agreed to settle the long-standing dispute over the tariff classification of vans imported from 2009 to 2013. At the time, Customs and...more

Wiley Rein LLP

Commerce Considers Regulating Connected Vehicles to Protect Against Foreign Adversaries

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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

King & Spalding

Departments of Commerce and Homeland Security Release Report on Information and Communications Technology Supply Chain

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EVALUATES INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY AND PROPOSES RECOMMENDATIONS FOR INCREASED DOMESTIC PRODUCTION - This is the third in a series of client alerts regarding intensive assessments of six key supply...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

Hogan Lovells

Commerce amends its IFR on Securing the ICTS Supply Chain to address “connected software”

Hogan Lovells on

On November 26, 2021, the Department of Commerce published a proposed rule to amend its Interim Final Rule on Securing the Information and Communications Technology and Services Supply Chain. The proposed rule adds a...more

Husch Blackwell LLP

BIS to Host Virtual Forum on Risks in ICT Supply Chain

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As previously reported, in February 2021, President Biden issued Executive Order 14017 (“EO 14017”), which instructed various government agencies to review the current supply chain risks for critical sectors and subsectors of...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

Pillsbury Winthrop Shaw Pittman LLP

Cybersecurity Executive Order Will Impact Government Contractors

President Biden’s new Executive Order to improve cybersecurity involves a particular focus on federal government and contractor systems. President Biden’s Executive Order directs sweeping changes to cybersecurity...more

Husch Blackwell LLP

Commerce Subpoenas Chinese Companies As ICTS Rules Take Effect

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Secretary of Commerce Gina M. Raimondo recently announced that the Department of Commerce (“Commerce”) had served subpoenas on multiple Chinese companies that provide information and communications technology and services...more

ArentFox Schiff

Commerce Department Signals Tough Approach on China Under Controversial Trump Tech Supply Chain EO

ArentFox Schiff on

The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China. The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more

ArentFox Schiff

President Biden Orders 100-Day Review of America’s Supply Chains for Semiconductors, Batteries, Critical Minerals and APIs

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Changes are afoot for key industry sectors with complicated global supply chains. “As this pandemic has made clear, we can never again be in a position where we have to rely on a foreign country that doesn’t share our...more

King & Spalding

President Biden Orders Comprehensive Supply Chain Review

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Articulates Administration Policy And Reaffirms Need For “Strong, Resilient Supply Chains” For “Critical And Essential Goods And Materials” - On February 24, 2021, President Joseph R. Biden Jr. signed an Executive Order on...more

Morgan Lewis

Overview and Implications of the Interim Final Rule Implementing Executive Order 13873

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Executive Order 13873 focused on securing the information and communications technology and services supply chain against transactions involving “foreign adversaries.” Companies in the information and communications...more

ArentFox Schiff

‘Foreign Adversaries’ In Tech Supply Chain May Be Under the Microscope

ArentFox Schiff on

The Information and Communications Technology and Services (ICTS) Rule, if implemented by the Biden Administration, would significantly impact companies that have an international nexus in a number of different sectors,...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

ArentFox Schiff

Trump Administration Bars Investments by US Persons in Communist Chinese Military Companies

ArentFox Schiff on

In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments. On November 12, 2020,...more

Holland & Knight LLP

Proposed ICTS Supply Chain Review Regime Raises Procedural Concerns

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The U.S. Department of Commerce (Commerce) has proposed a rule implementing the terms of President Donald Trump's Executive Order 13873 (the EO) on securing the United States' information and communications technology and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Takes Steps To Thwart Use of Information and Communications Technology and Services Associated With Foreign...

On November 27, 2019, the U.S. Department of Commerce (Commerce) published a proposed rule that would establish a new and especially broad power for the U.S. government to review and potentially block or unwind transactions...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

K&L Gates LLP

Commerce Proposes Process to Evaluate Transactions Involving Information and Communications Technology and Services for National...

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On November 27, 2019, the Department of Commerce (“Commerce”) issued a proposed rule implementing Executive Order (“EO”) 13873, “Securing the Information and Communications Technology and Services Supply Chain,” issued on May...more

White & Case LLP

Department of Commerce Invites Comments on Proposed Rule Targeting Information and Communications Technology Transactions

White & Case LLP on

On November 27, 2019, the US Department of Commerce (Commerce) issued a notice of proposed rulemaking on the implementation of Executive Order 13873 (the EO), "Securing the Information and Communications Technology and...more

ArentFox Schiff

US Administration Tests the Water on New Unheard-of Government Review of International Technology Transactions

ArentFox Schiff on

Under this new evaluation process, Commerce can prohibit companies from engaging in a wide variety of transactions and order them to cease using the information technology or telecommunication system in question even if it is...more

WilmerHale

Commerce Department Proposes Rule to Review Broad Range of ICTS Transactions

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On November 26, the US Department of Commerce issued a long-awaited proposed rule (Proposed Rule) implementing new restrictions designed to protect the US information and communications technology and services (ICTS) supply...more

Dechert LLP

Proposed Rule Grants Broad Authority to Block Information and Communications Technology Services Transactions

Dechert LLP on

On November 27, the U.S. Department of Commerce issued a proposed rule and request for comment relating to its implementation of the May 15, 2019 Executive Order (“EO”) 13873, “Securing the Information and Communications...more

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