Effective May 1, 2020, the Committee on Foreign Investment in the United States (CFIUS) will begin assessing filing fees on voluntary written notices filed under 31 C.F.R. Parts 800 and 802.1 The rule impacts investors in a...more
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and one proposed rule that amend the Export Administration Regulations (EAR), with the goal of limiting the...more
5/1/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
National Security ,
Russia ,
Technology ,
U.S. Commerce Department ,
Venezuela
The Committee on Foreign Investment in the United States (CFIUS) published a proposed rule on March 9, 2020, that would establish a fee for parties filing a voluntary notice of certain transactions for review by CFIUS. In...more
After a few years of debating and making into law, the Committee on Foreign Investment in the U.S. (CFIUS) regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect on Feb. 13,...more
2/14/2020
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Comment Period ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
Interim Rule ,
Jurisdiction ,
NAICS ,
National Security ,
New Regulations ,
Principal Place of Business ,
Real Estate Transactions ,
Regulatory Authority ,
Regulatory History
The U.S. Department of Commerce (Commerce) announced in a Nov. 18, 2019, press release that it will extend the Temporary General License (TGL) for Huawei Technologies Co. Ltd. for an additional 90 days. In a notice effective...more
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) amended the rules governing the Committee on Foreign Investment in the United States (CFIUS) to provide the Committee with the authority to review minority...more
10/16/2019
/ Airports ,
CFIUS ,
Comment Period ,
Commercial Real Estate Market ,
Covered Transactions ,
Critical Infrastructure Sectors ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Ground Leases ,
Popular ,
Ports ,
Proposed Regulation ,
Public Property ,
Real Estate Investments ,
Tribal Governments ,
U.S. Treasury
• President Donald Trump saying at the recent G20 Summit in Japan that American companies could keep selling products to Huawei Technologies Co. Ltd. (Huawei) was another installment in the drama surrounding the Chinese tech...more
7/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Sanction Violations ,
Technology Sector ,
Telecommunications ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
• The U.S. Trade Representative (USTR), pursuant to Section 131 of the Trade Act of 1974, has requested the U.S. International Trade Commission (Commission) to obtain public comment pertaining to the possibility of a...more
2/27/2019
/ Agricultural Sector ,
Bilateral Agreements ,
Comment Period ,
Duty Free ,
EU ,
Government Shutdown ,
Imports ,
International Trade Commission (ITC) ,
Public Comment ,
Public Hearing ,
Rulemaking Process ,
Time Extensions ,
Trade Act of 1974 ,
Trade Agreements ,
Trade Relations ,
UK ,
UK Brexit ,
USTR
• The White House has issued a new Executive Order designed to promote the use of American-made products in all infrastructure projects receiving federal funding, another step in the Trump Administration's Buy American...more
2/7/2019
/ Aluminum Sales ,
Berry Amendment ,
Buy American Act ,
Construction Industry ,
Construction Project ,
Executive Orders ,
Federal Contractors ,
Federal Funding ,
Infrastructure Financing ,
Manufacturers ,
Steel Industry ,
Supply Chain ,
Trade Agreements Act ,
Trump Administration
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
2/1/2019
/ Arbitration ,
CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Disclosure Requirements ,
Federal Pilot Programs ,
FEHA ,
Financial Industry Regulatory Authority (FINRA) ,
FIRRMA ,
Foreign Investment ,
Forum Selection ,
Intellectual Property Protection ,
International Labor Laws ,
Minimum Wage ,
State Labor Laws ,
USPTO ,
Wage and Hour ,
Woman Board Members
• If a U.S. company provided services to a foreign person, or purchased services from a foreign person, during fiscal year 2017, it must complete the BE-120 survey on Transactions in Selected Services and Intellectual...more
• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more
8/17/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Land Developers ,
National Security ,
NDAA ,
Personal Data ,
Real Estate Transactions ,
Trade Policy ,
Trump Administration
• The Information Security Oversight Office (ISOO) has issued a Final Rule to its 32 C.F.R. Part 2004 National Industrial Security Program (NISP) Directive, which is the overarching policy for federal agencies involved in...more
7/6/2018
/ CFIUS ,
Data Security ,
Defense Contracts ,
Defense Security Service (DSS) ,
Department of Homeland Security (DHS) ,
Eligibility ,
Federal Contractors ,
Final Rules ,
FOCI ,
Information Security ,
National Security ,
New Rules ,
NISPOM ,
ODNI ,
Security Clearance
Amended definitions under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) became effective today, Sept. 1, 2016. Although there are no significant changes to the scope or...more
9/2/2016
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Persons ,
ITAR ,
Research and Development ,
Technology ,
USML
Pursuant to the International Traffic in Arms Regulations (ITAR), the U.S. Department of State Directorate of Defense Trade Controls (DDTC) has issued a revised Statement of Registration (DS-2032) form and now allows it to be...more