On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order...more
1/2/2025
/ China ,
Critical Infrastructure Sectors ,
Final Rules ,
Foreign Investment ,
Hong Kong ,
Information Technology ,
Intelligence Services ,
Macau ,
National Security ,
Outbound Transactions ,
Semiconductors ,
Surveillance ,
U.S. Treasury
On June 20, the Department of Commerce’s Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority provided by June 2023’s “Protecting Americans’ Sensitive Data from...more
7/15/2024
/ Building Information Modeling (BIM) ,
Bureau of Industry and Security (BIS) ,
Critical Infrastructure Sectors ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Adversaries ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SaaS ,
Sensitive Business Information ,
Software ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
What is a CFIUS filing, when should it be made, and what happens if a party fails to file?
In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more
5/10/2024
/ CFIUS ,
Critical Infrastructure Sectors ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
NPRM ,
Private Equity ,
Proposed Rules ,
Rulemaking Process ,
Technology
Background:
In March 2022, President Joe Biden signed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) into law, ushering in a new era of enhanced cybersecurity measures. This legislation...more
9/12/2023
/ Covered Entities ,
Critical Infrastructure Sectors ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Healthcare ,
Joe Biden ,
National Security ,
NPRM ,
Public Sector
We are continuing to see strong interest in basic facts about CFIUS. One reason is increased CFIUS enforcement of its authorities. Another is news coverage of Chinese investment in U.S. critical technology and companies...more
8/18/2021
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Investment ,
Foreign Nationals ,
Mandatory Declarations ,
National Security ,
Target Company ,
Technology Sector ,
U.S. Treasury
1. Recent Enforcement: Even Companies That Invest in Compliance Pay Penalties-
Since our April enforcement roundup, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department...more
6/3/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
ENERGY STAR Program ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
Exports ,
Geo-Blocking ,
Honeywell International ,
ITAR ,
Moneygram ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
SDN List ,
Software ,
U.S. Commerce Department ,
U.S. Treasury
U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more
10/30/2020
/ CFIUS ,
China ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Defense (DOD) ,
Foreign Acquisitions ,
Foreign Adversaries ,
National Security ,
Pentagon ,
Russia ,
Safe Harbors ,
Supply Chain ,
Technology