News & Analysis as of

Semiconductors Advanced Notice of Proposed Rulemaking (ANPRM)

Pillsbury Winthrop Shaw Pittman LLP

The Treasury Department Finalizes U.S. Outbound Investment Rules

The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk. The regulations have broad...more

Goodwin

Twenty Questions: Outbound Investment Security Program Targets China’s Semiconductor, Quantum Computing, and AI Industries

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On October 28, 2024, the US Department of the Treasury issued final regulations governing certain outbound investments in the semiconductor, quantum computing, and artificial intelligence (AI) sectors of the People’s Republic...more

Wiley Rein LLP

Treasury Issues Draft Regulations for Outbound Investment Security Program; Comments Due August 4

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An August 4 deadline is fast approaching for comments to the U.S. Department of the Treasury’s Notice of Proposed Rulemaking (NPRM) that was issued June 21. The NPRM will restrict, for national security purposes, specific...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Issues Proposed Regulations Prohibiting Certain US Investment in Chinese Technology Companies

The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more

Mintz - Antitrust Viewpoints

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments. The proposed rule seeks to “prevent countries of concern...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

Sheppard Mullin Richter & Hampton LLP

FAR Council Releases Rulemaking on Prohibitions for Semiconductors

On May 3, 2024, the FAR Council published an advanced notice of proposed rulemaking (the “Advanced Notice”) seeking to implement Section 5949 of the James M. Inohfe National Defense Authorization Act for Fiscal Year 2023...more

McCarter & English Blog: Government Contracts...

Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

If you happen to be a government contractor and are contemplating additions to your Summer reading list, consider adding the FAR Council’s May 3, 2024 advanced notice of proposed rulemaking (“ANPR”) to the mix. The ANPR,...more

Bass, Berry & Sims PLC

FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors

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On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive...more

Morrison & Foerster LLP

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 9

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Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more

Morrison & Foerster LLP

Outbound Investment Review Program – Themes from Industry Comments

Morrison & Foerster LLP on

As discussed in our September 2023 Lawfare article, the Biden administration’s first-of-its-kind outbound investment review program seeks to limit outbound investments by U.S. investors in Chinese developers of certain...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

Hogan Lovells

Aerospace & Defense Insights I Biden Administration executive order on outbound investment screening

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Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more

Proskauer Rose LLP

Executive Order Curbs China-Bound Tech Investment as Treasury Unveils New Rules

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On August 9, 2023, President Biden signed Executive Order 14105 addressing investments by U.S. persons in certain identified national security technologies in “Countries of Concern,” initially naming The People’s Republic of...more

Snell & Wilmer

Decoupling: A Closer Look at the Executive Order on U.S. Outbound Investments Into the Chinese Technology Sector

Snell & Wilmer on

The much anticipated Executive Order (the “E.O.”) on outbound investments directed at the Chinese technology sector was finally released on August 9, 2023. Citing the “unusual and extraordinary threat to national security”...more

Buchalter

U.S. Government Announces Ban on U.S. investments in China High Tech Sectors

Buchalter on

On August 14, 2023, pursuant to a Presidential executive order issued several days earlier, the U.S. Department of the Treasury released an Advance Notice of Proposed Rulemaking (the Proposed Rulemaking) announcing a ban on...more

Vinson & Elkins LLP

Outbound Investments Beware: President Biden Issues Executive Order Regarding U.S. Investments in China

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The U.S. Government has long made clear its desire to restrict certain outbound U.S. investments, but it was unclear whether a restriction would come through executive or legislative action. Last week, we received an answer —...more

White & Case LLP

President Biden Orders Establishment of New Program to Restrict US Outbound Investment in Certain Tech Sectors in China

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On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more

Seward & Kissel LLP

United States Issues New Executive Order that Begins Rulemaking Process to Impose Regulations on Certain Outbound Investments in...

Seward & Kissel LLP on

On August 9, 2023, President Biden issued Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern.” The Executive Order targets certain U.S....more

Husch Blackwell LLP

Biden Administration Issues Executive Order to Restrict U.S. Investment in Chinese Technology Sectors

Husch Blackwell LLP on

Last week, President Biden issued an Executive Order outlining the long-anticipated proposed restrictions on outbound U.S. investments in entities located in China or otherwise subject to China’s jurisdiction. The Executive...more

Jenner & Block

Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

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On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the...more

Goodwin

Charlie Brown Finally Kicks the Football: US Outbound Investment Program Will Target China’s Semiconductor, Quantum Computing, and...

Goodwin on

After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more

Wiley Rein LLP

Biden Administration Issues Executive Order and Proposals Targeting Outbound Investment in China

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After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

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Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

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