News & Analysis as of

National Security Information and Communication Technology (ICT) U.S. Commerce Department

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

Wiley Rein LLP on

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

Bradley Arant Boult Cummings LLP

The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information...

Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now....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”

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

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

Foley & Lardner LLP

Commerce Seeks Comment on ICTS Licensing and Pre-Clearance Process

Foley & Lardner LLP on

The Department of Commerce’s ICTS rule prohibiting certain information and communications services and technology transactions went into effect earlier this week. In January, the Department committed to implement a licensing...more

Husch Blackwell LLP

Commerce Subpoenas Chinese Companies As ICTS Rules Take Effect

Husch Blackwell LLP on

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

Jones Day

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

Jones Day on

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

Husch Blackwell LLP

Commerce Department Publishes Interim Final ICTS "Foreign Adversary" Rules

Husch Blackwell LLP on

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

Holland & Knight LLP

Proposed ICTS Supply Chain Review Regime Raises Procedural Concerns

Holland & Knight LLP on

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

Husch Blackwell LLP

Commerce Department Extends Comment Period For Foreign Adversary ICTS Rule

Husch Blackwell LLP on

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

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...

K&L Gates LLP on

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

WilmerHale on

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

Miller Canfield

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

Miller Canfield on

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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