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Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

HaystackID

Biden Poised to Block Nippon Steel’s Acquisition of U.S. Steel, Citing National Security Concerns

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President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more

Arnall Golden Gregory LLP

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury...more

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

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Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Fracturing Data Environment: Executive Order Portends Major Changes to US Data Management

On February 28, 2024, President Biden issued Executive Order 14117 (the EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that would...more

Lowenstein Sandler LLP

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

On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

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Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Snell & Wilmer

The Uncertain World: Nearshoring, Economic Development, and the Next Frontier

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Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more

Morrison & Foerster LLP

M&A in 2023 and Trends for 2024

M&A activity in 2023 was subdued, as dealmakers grappled with geopolitical tensions, inflation, rising interest rates, and increasing regulatory scrutiny, against a backdrop of general economic uncertainty. Challenges in the...more

Hogan Lovells

The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC

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On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to fundamentally reset...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

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

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A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

Oberheiden P.C.

National Security in the Age of Blockchain

Oberheiden P.C. on

Blockchain presents unprecedented challenges around national security. This is true not only for the federal government, but also for businesses in the private sector. From cross-border transactions involving cryptocurrency...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

K&L Gates LLP

United States Imposes Unprecedented Outbound Investment Controls Focused on China

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On 9 August 2023, President Biden issued a long anticipated executive order imposing certain limitations, reporting requirements, and prohibitions on outbound investment from the United States into certain sensitive industry...more

Dechert LLP

The United States Establishes the Foundation for a New Outbound Investment Regime

Dechert LLP on

In brief. On August 9, 2023, President Biden signed a highly anticipated Executive Order (the “Outbound E.O.”) to establish a U.S. outbound investment regime. The U.S. Department of Treasury (“Treasury”) concurrently...more

Sheppard Mullin Richter & Hampton LLP

Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

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On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...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

Morgan Lewis

Current Technology Risks Assessed by US Government Regulatory Tools

Morgan Lewis on

In an effort to protect the national security interest of the United States, the US government continues to develop and refine tools to assess and address the risks posed by technology transferred during and as a result of...more

K2 Integrity

Revisions to China’s Counterespionage Law and Accompanying Raids on Foreign Businesses Heighten Risks for International Investors...

K2 Integrity on

Chinese lawmakers approved revisions to the country’s counterespionage law on 23 April 2023, broadening the definition of spying and banning the transfer of any information related to national security interests (which are...more

Morrison & Foerster LLP

Q1 2023 Update on the UK’s Investment Screening Regime

As the UK’s investment screening regime starts to bed down following over a year of being in effect, we have been tracking the developments in the last quarter relevant to the operation of the regime. It has been a tumultuous...more

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