News & Analysis as of

Technology Sector Committee on Foreign Investment in the United States Export Controls

A&O Shearman

Sanctions and export controls expand further - Update

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In October, the U.S. Commerce Department unveiled new rules to tighten further a sweeping set of export controls first introduced a year previously, reducing the types of semiconductor manufacturing equipment and advanced...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

A&O Shearman

Sanctions and export controls expand further

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In 2023, the biggest question on clients’ minds was the ramping up of U.S. export controls targeting semiconductors and advanced computing. In October, the U.S. Commerce Department unveiled new rules to tighten further a...more

Sheppard Mullin Richter & Hampton LLP

Protective Packaging: The EU’s Economic Security Package Changes the Landscape in Global Technology Controls

The EU plans to step up controls on its home grown technology. That is the short version. The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...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

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...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

A&O Shearman

2022 CFIUS Annual Report Announces Record Filings, More Investigations, More Mitigation, But No Fines

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Last week, the Committee on Foreign Investment in the United States (CFIUS) released its 2022 Annual Report to Congress. CFIUS reported a record 440 filings in 2022. Although this reflects only a small increase from the 436...more

Womble Bond Dickinson

Proposed Synthesis Controls Highlight Dual Impact of Section 1758 on U.S. Exports and Foreign Direct Investment

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Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments - Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...more

Hogan Lovells

Disruptive Technology Strike Force to enforce U.S. laws protecting advanced technologies

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On February 16, 2023, the Department of Justice (DOJ) and the Department of Commerce (Commerce) announced the creation of a joint Disruptive Technology Strike Force (Strike Force). The Strike Force will be co-led by the...more

Hogan Lovells

JPM2023 Trendspotting: evaluating CFIUS risks in the biotech sector

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As the industry readies itself for the January 2023 pilgrimage to the J.P. Morgan Healthcare Conference (JPM) and Biotech Showcase in San Francisco, our market-leading life sciences and health care industry team has prepared...more

Wilson Sonsini Goodrich & Rosati

CFIUS Guidelines: Betwixt and Between

On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued its first-ever set of “Enforcement and Penalty Guidelines.” The Guidelines introduce for CFIUS participants a new...more

Hogan Lovells

U.S. Government seeks to restrict biotechnology cooperation with China

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The United States government is increasingly scrutinizing U.S. industry’s reliance on China for biotechnology research and development and manufacturing, and is taking steps to expand export control requirements on China that...more

Fenwick & West LLP

BIS Significantly Restricts Chinese Access to Advanced Computing and Semiconductor Manufacturing Items

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On October 7, 2022, the US Department of Commerce Bureau of Industry and Security (BIS) released two rules implementing new export controls on advanced computing and semiconductor manufacturing items in addition to new...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

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The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Morgan Lewis

National Security–Related Considerations When Investing in US Companies

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There are many international and Asia-based investors looking to invest in companies in the US for both strategic and commercial reasons, and in return they offer attractive sources of funding. Often, financial investments...more

Fenwick & West LLP

Biden Administration Releases Unprecedented CFIUS Executive Order and Expected to Impose Export Controls Around Semiconductors:...

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CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments - On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more

American Conference Institute (ACI)

[Event] 8th National Conference on CFIUS - April 26th - 27th, Washington, DC

The Country's Premier Gathering of Government, Outside Counsel, Advisors, and In-House Executives - ACI’s 8th National Conference on CFIUS is back in person on April 26 – 27! Widely regarded as the premier event for the...more

Lowenstein Sandler LLP

Startups Need a Grasp of U.S. Trade Controls

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Export control requirements, economic sanctions, foreign ownership rules, import restrictions — cross-border trade continues to get more complex. Do you know there are trade laws that restrict who you can do business...more

American Conference Institute (ACI)

[Virtual Conference] U.S.-China Trade Controls - September 20th, 10:00 am - 5:15 pm EDT

Industry's Annual Forum on MEU and MIEU Rules, New Legislation, Data Transfers and Emerging Technology Rules - ACI’s 3rd Virtual U.S.-China Trade Controls Conference will take place September 20, 2021, in a virtual format....more

American Conference Institute (ACI)

[Webinar] Complimentary Webinar on U.S.-China Export & Cyber Controls - June 30th, 1:00 pm - 2:00 pm EDT

With six months into the Biden Administration, American Conference Institute invites you to join one-hour Complimentary Webinar on U.S.-China Export & Cyber Controls, which will take place on June 30th at 1:00pm EDT. The...more

Williams Mullen

Avalanche of Recent Export Requirements for China, Russia and Other Countries

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There’s been a non-stop bombardment of recent export amendments involving China and other “countries of concern” within the last six months.  The main driver behind these has been the U.S. Government’s concern about the...more

American Conference Institute (ACI)

[Virtual Event] U.S. Export & Reexport Compliance For Canadian Operations - January 26th - 27th, 9:00 am - 5:00 pm EST

For a whole decade, ACI’s U.S. Export & Reexport Compliance for Canadian Operations conference continues to stand apart as the only practical, comprehensive event of its kind for the export compliance community in Canada. ...more

Goodwin

Commerce Department Proposes New Export Controls On Gene-Editing Software That Will Also Expand The Scope Of Mandatory CFIUS...

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On Friday, November 6, 2020, the Commerce Department’s Bureau of Industry & Security (BIS) issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding newly-proposed controls on certain software for...more

Pillsbury - Global Trade & Sanctions Law

U.S. Commerce Department Implements Multilateral Controls on Six Emerging Technologies

On October 5, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule that imposes new multilateral controls on six “emerging technologies,” agreed during the December 2019 plenary meeting...more

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