News & Analysis as of

National Security Foreign Adversaries Information and Communication Technology (ICT)

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Security Concerns Prompt Multiple Supply Chain Initiatives

Takeaways - As a national and economic security initiative, the Biden administration is developing policies to protect several critical supply chains. The Commerce Department is expected to take further measures to...more

Hogan Lovells

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

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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

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

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

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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

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

Goodwin

Commerce Department Moves to Protect the Supply Chain for Information and Communications Technology and Services

Goodwin on

On January 19, 2021, the U.S. Department of Commerce published an interim final rule (the “ICTS Rule”) under former President Trump’s Information and Communications Technology and Services Executive Order issued in May 2019....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

Husch Blackwell LLP

Commerce Department Extends Comment Period For Foreign Adversary ICTS Rule

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As we discussed in a recent client alert, the U.S. Department of Commerce recently issued a proposed rule (the “Proposed Rule”) which intends to give the U.S. Secretary of Commerce the authority to block, unwind or modify...more

Sheppard Mullin Richter & Hampton LLP

Where’d You Get Your Tech? New Rules May Allow the U.S. Government to Unwind Your Latest IT Purchase

On November 26, 2019, the U.S. Department of Commerce issued a proposed rule that could change how you procure IT goods and services. The rule would allow the Commerce Department to review your company’s purchase of...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

Alston & Bird

Proposed Rule on ICTS Supply Chain Leaves More Questions Than Answers for Industry

Alston & Bird on

Our International Trade & Regulatory Group explores the Commerce Department’s proposed rule for safeguarding the country’s information and communications technology supply chain and finds it lacking in guidance for U.S....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

White & Case LLP

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

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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

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

Miller Canfield

New Executive Order Will Impact Ability of U.S. Companies to Use Certain Technologies Deemed a Security Risk

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President Donald J. Trump signed and issued an Executive Order (EO) on May 15, 2019, declaring a national emergency with respect to threats against U.S. information and communications technology or services (I&C Technologies)...more

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