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Semiconductors National Defense Authorization Act

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

Morgan Lewis

US Government Continues Coordinated Efforts to Place Restrictions on Chinese Semiconductors

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The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...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

Wiley Rein LLP

FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

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WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for...more

Fenwick & West LLP

Opportunities Abound in New National Defense Authorization Act

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The Fiscal Year 2024 National Defense Authorization Act (“FY2024 NDAA”) continues the national security imperative to enhance the country’s scientific and technological developments and to adopt emerging technologies and...more

Akin Gump Strauss Hauer & Feld LLP

Key Provisions in the NDAA for TMT Companies

On December 14, 2023, Congress passed an $874.2-billion defense authorization bill, sending it to the White House for President Biden’s signature. This alert provides a summary of key provisions of the National Defense...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

Pillsbury Winthrop Shaw Pittman LLP

Recent Updates on Foreign Investment Restrictions and Export Controls Governing Semiconductors, Quantum Computing and Artificial...

Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...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

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

Brownstein Hyatt Farber Schreck

Outbound Investment Order Adds New Wrinkle to U.S.-China Trade Dispute

On Aug. 9, 2023, President Biden signed an executive order (EO) that creates a policy to report and, in some cases, restrict outbound investments in national security technologies and products from the United States into...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

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

Akin Gump Strauss Hauer & Feld LLP

Congress Takes a Step Forward on Outbound Investment

The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more

Pillsbury Winthrop Shaw Pittman LLP

All Eyes on China: Upcoming Restrictions on Outbound Investment

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

Hogan Lovells

美国政府对“受关注外国实体”作出定义,影响波及《降低通胀法》项下电动汽车电池

Hogan Lovells on

2023年3月21日(星期二),美国商务部发布一则关于《芯片与科学法》所含护栏条款的拟议规则通知。作为拟议规则的组成部分,美国商务部发布了“受关注外国实体”和由受关注国家“拥有、控制、管辖或指挥”的定义,这两个术语曾出现在过去两年颁发的四部独立制定法中,即:《2021财年国防授权法》、《基础设施投资和就业法》、《芯片与科学法》和《降低通胀法》。根据美国商务部所拟定义,任何实体——包括总部位于美国的实体或注册在美国的实体——如其25%及以上表决权益...more

Hogan Lovells

Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA

Hogan Lovells on

On Tuesday, March 21, 2023, the US Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS and Science Act (CHIPS). As part of the proposed rule Commerce issued a...more

King & Spalding

U.S. Commerce Department Launches First CHIPS for America Funding Opportunity

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Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively - On August 9, 2022, President Joseph R. Biden signed...more

Venable LLP

Section 5949 - Congress's Latest Prohibition on Chinese Technology in Federal Procurement, and What It Means for Government...

Venable LLP on

Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains. To contend with the attendant national security and economic risks (whether real or perceived), Congress...more

Akin Gump Strauss Hauer & Feld LLP

New Prohibition on Federal Purchases of Certain Semiconductor Products and Services

On December 23, 2022, President Biden signed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA) into law. The statute prohibits federal agencies from purchasing covered semiconductor products...more

Eversheds Sutherland (US) LLP

The recently enacted 2023 National Defense Authorization Act adopts federal procurement restrictions for certain covered Chinese...

Amid the 4,000 pages of provisions in the recently enacted Fiscal Year 2023 National Defense Authorization Act (NDAA) are prohibitions and associated requirements relating to the federal procurement of certain Chinese...more

Perkins Coie

The FY 2023 National Defense Authorization Act: Key Provisions Relevant to Defense Contractors

Perkins Coie on

Inflation relief for defense contractors, a ban on procurement of products and services containing certain Chinese semiconductors, and codification of the Federal Risk and Authorization Management Program (FedRAMP) governing...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

Wiley Rein LLP

The NDAA Includes Prohibitions Targeting Semiconductors Similar to Section 889

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WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more

Morrison & Foerster LLP

National Defense Authorization Act Implications for U.S. Sanctions Programs

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After months of negotiations, Congress revealed the compromise version of the National Defense Authorization Act for Fiscal Year 2023 (NDAA) on December 6, 2022. The bill, viewed as a “must-pass” piece of legislation because...more

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