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National Security Committee on Foreign Investment in the United States National Defense Authorization Act

Lowenstein Sandler LLP

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

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Small Yard and High Fence’: US National Security Restrictions Will Further Impact US-China Trade and Investment Activity in 2024

The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Pillsbury Winthrop Shaw Pittman LLP

Recent Updates on Foreign Investment Restrictions and Export Controls Governing Semiconductors, Quantum Computing and Artificial...

Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...more

Womble Bond Dickinson

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

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In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more

Wiley Rein LLP

CFIUS Releases 2022 Annual Report as Congress Considers Expanding CFIUS Jurisdiction

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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

Akin Gump Strauss Hauer & Feld LLP

President Biden Signs Executive Order on Outbound Investment

Key Points - On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more

Foley Hoag LLP

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

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On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

Sheppard Mullin Richter & Hampton LLP

Will We Ring in the New Year with Outbound Investment Restrictions?

As we close out a wild year for international trade regulation, after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops...more

Paul Hastings LLP

Despite Setbacks, Strong Support Remains for “Outbound CFIUS” Legislation

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Efforts by a bipartisan group of U.S. lawmakers to establish a national security screening mechanism for investment in “countries of concern” (including the People’s Republic of China) were dealt a significant blow recently,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Congress Reportedly Advances Broad Proposal for Outbound Screening of US Investments in Identified Countries of Concern, Including...

Bipartisan, bicameral support is mounting for legislation that would create a mandatory outbound investment screening regime to review U.S. investments in China and other countries identified by Congress as countries of...more

Holland & Knight LLP

GSA Mandates Disclosure of Foreign Ownership/Financing of High-Security Leased Spaces

Holland & Knight LLP on

The General Services Administration (GSA) amended the General Services Administration Acquisition Regulations (GSAR) via an interim rule (Rule) – effective June 30, 2021 – to incorporate disclosure obligations of foreign...more

King & Spalding

Biden Administration Issues 100-Day Supply Chain Report

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Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging - On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more

Wiley Rein LLP

GAO Highlights Key Tech Security Efforts—and Gaps—at DOD, Confirming Major Government Role

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This month, the Government Accountability Office (GAO) published a report assessing the Department of Defense’s (DOD) approach to identifying and securing critical technologies. While DOD has been operating programs to...more

Sullivan & Worcester

Identify and Report “Control” Investors: The Corporate Transparency Act of 2020

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We write to advise you of important legislation just enacted in the United States and proposed legislation in the United Kingdom. The National Defense Authorization Act for Fiscal Year 2021 (NDAA) was recently passed by...more

Wiley Rein LLP

Looking Ahead: Federal Procurement Under The Biden Administration

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When the Biden Administration begins, the government contracting community may be wondering whether the change in administration and party in the White House will lead to significant changes to federal procurement. Although...more

King & Spalding

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

King & Spalding on

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

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

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After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...more

Faegre Drinker Biddle & Reath LLP

How the Latest CFIUS Regulations Will Impact U.S. and Non-U.S. Companies and Investors

The U.S. Treasury Department recently signaled that it is close to finalizing new regulations that will apply to investments by non-U.S. investors in U.S. companies, assets, and real estate subject to review under the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

Baker Donelson

BIS Requests Comments on "Emerging" Technologies for CFIUS and Export Control Reforms

Baker Donelson on

The Committee on Foreign Investment in the United States (CFIUS) reform legislation, titled the Foreign Investment Risk Review Modernization Act (FIRRMA), was signed into law in August 2018 as a part of the National Defense...more

Dechert LLP

New Government Regulation of Emerging Technology

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The U.S. Government has instituted a major new initiative to regulate emerging technology, potentially including artificial intelligence, biotechnology, robotics, data analytics and many other types of emerging technology,...more

Snell & Wilmer

CFIUS Expansion Brings Federal Review to Real Estate

Snell & Wilmer on

On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more

WilmerHale

Treasury Requires Mandatory Filings for Foreign Investments in Specified US Businesses

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On October 10, 2018, the US Department of the Treasury launched a significant pilot program to implement part of the Foreign Investment Risk Review Modernization Act (FIRRMA) while final rules are being crafted. The pilot...more

BCLP

CFIUS Pilot Program Requires Mandatory Filings for Certain Transactions Involving “Critical Technologies”

BCLP on

On October 10, 2018, CFIUS published what may be only its first set of interim rules implementing specific provisions of the Foreign Risk Review Modernization Act (FIRRMA). These rules: (1) create a pilot program both...more

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