On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced that it declined to charge private equity firm White Deer Management LLC (“White Deer”) and its affiliates after the company...more
6/25/2025
/ CEOs ,
CFIUS ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Due Diligence ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
Foreign Agents Registration Act (FARA) ,
National Security ,
Private Equity ,
Safe Harbors ,
Voluntary Disclosure
Since the mid-1990s, the Executive Branch has sought to target foreign terrorist organizations, and those individuals and organizations supporting them, in order to degrade their funding and support. Organizations and...more
5/20/2025
/ CFIUS ,
Criminal Prosecution ,
Economic Sanctions ,
Enforcement Actions ,
Financial Crimes ,
Government Agencies ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Terrorism Funding ,
White Collar Crimes
On April 30, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced its second-ever public declination under its updated corporate voluntary self-disclosure (VSD) policy when it declined to charge...more
Ahead of the 2025 NATO Summit, hosts Lokke Moerel and Alex van der Wolk speak with top experts and policymakers about hybrid threats, strategic defense, and the shifting digital battlefield....more
On February 21, 2025, President Trump published a National Security Presidential Memorandum outlining his administration’s views on foreign investment and substantial changes to current regulatory regimes. The...more
2/26/2025
/ America First Trade Policy ,
Artificial Intelligence ,
CFIUS ,
China ,
Compliance ,
Economic Sanctions ,
Export Controls ,
Foreign Agents Registration Act (FARA) ,
Foreign Investment ,
Foreign Policy ,
National Security ,
Regulatory Requirements ,
Russia ,
Trump Administration
On January 13, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule (IFR) that expands controls on advanced computing integrated circuits (ICs or chips) and model weights...more
2/5/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Data Centers ,
Data Security ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Interim Final Rules (IFR) ,
National Security ,
Popular ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Trump Administration
The Department of Commerce (Commerce) Office of Information and Communications Technology and Services (OICTS) has broad authority—born out of executive action during the first Trump administration—to identify and mitigate...more
1/8/2025
/ China ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Drones ,
Final Rules ,
Foreign Adversaries ,
Information Technology ,
National Security ,
Proposed Rules ,
Regulatory Agenda ,
Risk Management ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
Unmanned Aircraft Systems
For the first time in nearly 30 years, the U.S. Department of Justice (DOJ) proposes to materially revise the Foreign Agents Registration Act (FARA). On December 19, 2024, DOJ issued a Notice of Proposed Rulemaking (NPRM)...more
1/2/2025
/ Department of Justice (DOJ) ,
Disclosure Requirements ,
Foreign Agents ,
Foreign Agents Registration Act (FARA) ,
Foreign Governments ,
Foreign Investment ,
Foreign Nationals ,
Foreign-Owned Corporations ,
Information Governance ,
National Security ,
Non-Commercial Use ,
Nonprofits ,
NPRM ,
Public Interest ,
Regulatory Requirements ,
Social Media ,
Substantial Interest Test ,
Tourism
On December 6, 2024, the U.S. Department of Justice (DOJ) provided insights into Foreign Agents Registration Act (FARA) regulatory changes and focus areas for 2025. Speaking at the American Conference Institute’s National...more
On November 18, 2024, the U.S. Department of Justice (DOJ) Foreign Agents Registration Act (FARA) Unit published an advisory opinion that appears to severely narrow the statute’s most important exemptions. In the opinion, the...more
Following years of development, on October 28, 2024, the U.S. Department of the Treasury published a final rule establishing its outbound investment security program (Final Rule). The new regime prohibits certain outbound...more
10/31/2024
/ Artificial Intelligence ,
China ,
Executive Authority ,
Final Rules ,
Foreign Investment ,
Foreign Persons ,
Information Technology ,
Lawful Permanent Residents ,
National Security ,
Semiconductors ,
U.S. Treasury
The Department of Commerce, Bureau of Industry and Security (BIS) just announced two developments impacting the Artificial Intelligence (AI) and advanced technologies sectors. Specifically, BIS imposed the first export...more
On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2023. In a year that featured lower deal volume, CFIUS...more
On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more
7/16/2024
/ CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
FCC ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Information Systems Security Program (ISSP) ,
National Security ,
Risk Assessment ,
Russia ,
Software ,
U.S. Commerce Department
Last week the D.C. Circuit released its long-anticipated opinion in the Attorney General v. Wynn, holding that the Department of Justice (“DOJ”) could not compel Steve Wynn to retroactively register under the Foreign Agents...more
On May 22, 2024, the Department of Justice’s (DOJ) National Security Division (NSD) announced its first-ever prosecution declination under its corporate voluntary self-disclosure (VSD) policy for sanctions and export controls...more
On May 13, 2024, President Biden issued an Executive Order requiring MineOne Partners Limited and its affiliates (together, “MineOne”) to divest their interest in real property located less than one mile from Francis E....more
On April 24, 2024, President Biden signed into law a long-debated $98 billion foreign aid and national security legislative package (the “Act”) providing funds for Israel, Taiwan, and Ukraine, and authorizing new sanctions...more
4/30/2024
/ Corporate Counsel ,
Cybersecurity ,
Department of Justice (DOJ) ,
Drug Trafficking ,
Economic Sanctions ,
Foreign Aid ,
Hamas ,
Harmonization Rules ,
Human Rights ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
Joe Biden ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Taiwan ,
Terrorist Acts ,
U.S. Treasury ,
Ukraine
On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) unveiled updates to its regulations that sharpen CFIUS’s processes and enforcement authorities. Together with remarks by U.S. government...more
2023 was another record year for U.S. sanctions and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Most prominently, OFAC continued to impose significant additional sanctions on Russia in...more
3/4/2024
/ China ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Decentralized Finance (DeFi) ,
Drug Trafficking ,
Economic Sanctions ,
Enforcement Actions ,
Hamas ,
Human Rights ,
National Security ,
NDAA ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Terrorist Acts ,
U.S. Treasury ,
Ukraine ,
US State Departments ,
Venezuela ,
Virtual Currency
On January 29, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a proposed rule to prevent foreign actors from using U.S. cloud computing services for malicious cyber activities. The proposal...more
2/14/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cyber Crimes ,
Cybersecurity ,
Foreign Jurisdictions ,
Foreign Subsidiaries ,
IaaS ,
Know Your Customers ,
National Security ,
Popular ,
Proposed Rules ,
U.S. Commerce Department
Singapore has joined the trend of countries exercising greater oversight over investments in domestic entities in strategically important sectors. The Significant Investments Review Act (the “Bill”), introduced on November 3,...more
The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
IaaS ,
National Security ,
NIST ,
Office of Science ,
OMB ,
Risk Management ,
Secretary of Commerce ,
Semiconductors ,
Technology ,
Technology Sector ,
Transparency
On August 9, 2023, President Biden issued a long-anticipated executive order (EO) to address investments by U.S. persons in companies that engage with certain categories of technology and products located in the People’s...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Executive Orders ,
Foreign Investment ,
Intelligence Services ,
Joe Biden ,
Microchip Technology ,
National Security ,
PRC ,
Screening Procedures ,
Semiconductors ,
Technology Sector
On July 11, 2023, the UK’s Foreign Influence Registration Scheme (“FIRS”) became law. As part of the National Security Act 2023, FIRS requires registration of arrangements intended to influence UK politics at the direction of...more