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National Defense Authorization Act › National Security › U.S. Commerce Department

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
Wiley Rein LLP

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

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Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

The Volkov Law Group

BIS Publishes Proposed Revisions to EAR Addressing U.S. Person Support for “Foreign Security” and Military End Users

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On July 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two (2) new rules in the Federal Register that significantly expand the scope of existing “U.S. Person” prohibitions...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Foley Hoag LLP

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

Foley Hoag LLP on

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

Holland & Knight LLP

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

Holland & Knight LLP on

President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

WilmerHale

United States Adopts Wide-Ranging China Restrictions

WilmerHale on

End-of-Year Sanctions Target Chinese Supply Chains and AI, Quantum Computing, and Biotechnology - Several US executive branch agencies and the US Congress have adopted wide-ranging end-of-year sanctions, export control and...more

King & Spalding

Biden Administration Issues 100-Day Supply Chain Report

King & Spalding on

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

Miller Canfield

U.S. Department of Commerce Publishes Military End User List for Restricting Exports to China and Russia

Miller Canfield on

On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more

Orrick, Herrington & Sutcliffe LLP

New Syria, North Korea and Other Sanctions Provisions Enacted as Parts of the National Defense Authorization Act for Fiscal Year...

Orrick, Herrington & Sutcliffe LLP on

On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Davis Wright Tremaine LLP

U.S. Salvo at Chinese Telecom Manufacturer Huawei Could Cause Collateral Damage to American Companies

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On May 15, 2019, in a one-two punch, the White House and the U.S. Department of Commerce (DOC) took actions that effectively could ban Huawei Technologies Co. Ltd., 68 of its non-U.S. affiliates, and other unnamed Chinese...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Davis Wright Tremaine LLP

Congress Enacts the Export Controls Act of 2018, Extending Controls to Emerging and Foundational Technologies

Davis Wright Tremaine LLP on

As part of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2019, Public Law No: 115-232, Congress enacted the Export Controls Act of 2018 (“ECA”)....more

Akin Gump Strauss Hauer & Feld LLP

The Export Control Reform Act and Possible New Controls on Emerging and Foundational Technologies

Akin Gump Strauss Hauer & Feld LLP on

• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more

Mintz

President Signs Legislation Reforming CFIUS & Export Controls

Mintz on

Congress has continued its 57-year tradition of passing an annual defense authorization bill with the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 finalized by Congress on August 1 and signed...more

Dorsey & Whitney LLP

Greater Scrutiny on Foreign Inbound Investments: Update on the Foreign Investment Risk Review Modernization Act of 2018

Dorsey & Whitney LLP on

After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more

Latham & Watkins LLP

New Law Governing Foreign Direct Investment in the United States Brings Significant Changes to CFIUS Review

Latham & Watkins LLP on

New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review. Key Points: ..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more

Eversheds Sutherland (US) LLP

The Foreign Investment Risk Review Modernization Act of 2018—stepping up national security reviews of foreign acquisitions

Eversheds Sutherland (US) LLP on

Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the President signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more

Akin Gump Strauss Hauer & Feld LLP

The CFIUS Reform Legislation—FIRRMA—Will Become Law on August 13, 2018

Akin Gump Strauss Hauer & Feld LLP on

CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more

Baker Donelson

Senate Passes Defense Authorization Bill, Including Penalties on China's ZTE and New Authority for CFIUS

Baker Donelson on

On June 18, the U.S. Senate voted 85-10 to approve the annual National Defense Authorization Act (NDAA), authorizing a total of $716 billion in Fiscal Year 2019 (FY 2019) for national defense. The NDAA authorizes a base...more

Dechert LLP

Senate Passes Substantial Changes to CFIUS and Votes to Re-Impose Sanctions on ZTE

Dechert LLP on

While the rules regarding CFIUS review have remained largely unchanged over the past decade, CFIUS has operated under a new paradigm in recent years. After the U.S. government blocked just two transactions from its inception...more

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