On October 20, 2022, the Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines)....more
10/24/2022
/ CFIUS ,
China ,
Compliance ,
Defense Production Act ,
Enforcement Actions ,
Failure-to-File ,
Foreign Investment ,
Motion for Reconsideration ,
Negligence ,
Self-Disclosure Requirements ,
Third-Party ,
TikTok
On September 15, 2022, President Biden signed an executive order (EO) that reaffirms longstanding U.S. open investment policy and elaborates and expands on the existing list of statutory factors that the Committee on Foreign...more
9/20/2022
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cyber Threats ,
Executive Orders ,
Foreign Investment ,
Foreign Nationals ,
Manufacturers ,
National Security ,
Sensitive Business Information ,
Supply Chain ,
Technology
On March 22, 2022, U.S. Secretary of Commerce Gina Raimondo signaled the Biden Administration’s willingness to agree to outbound investment screening legislation incorporated in the America COMPETES Act and also indicated...more
On February 21, 2022, President Joe Biden issued an Executive Order (EO) in response to Russian President Vladimir Putin’s ongoing “efforts to undermine the sovereignty and territorial integrity of Ukraine.” Referencing a...more
2/23/2022
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Foreign Policy ,
General Licenses ,
Joe Biden ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
SDN List ,
Ukraine
On February 4, 2022, the House of Representatives passed the America COMPETES Act of 2022, which is the House’s long-awaited counterpart to the U.S. Innovation and Competition Act (USICA) that passed the Senate with...more
2/7/2022
/ America Competes Act ,
American Manufacturing Competitiveness Act ,
CFIUS ,
Covered Transactions ,
Innovation Act ,
National Security ,
Offshoring ,
Secretary of Commerce ,
Secretary of Defense ,
Supply Chain ,
USTR ,
Written Notice
The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently announced several actions pertaining to its mandate under the Foreign...more
On November 15, 2021, the U.S. Department of the Treasury (Treasury) published a proposed rule that would modify the definitions of “excepted foreign state” and “excepted real estate foreign state” in its regulations...more
Please join us in a discussion on the importance of M&A due diligence, where we will cover:
- Cybersecurity and ransomware;
- Corporate M&A activity;
- Bureau of Industry and Security (BIS), export controls, and...more
10/19/2021
/ Acquisitions ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Continuing Legal Education ,
Cybersecurity ,
Due Diligence ,
Export Controls ,
FOCI ,
Foreign Investment ,
Foreign Ownership ,
Mergers ,
National Security ,
Ransomware ,
Webinars
On September 30, 2021, at its Open Commission Meeting, the Federal Communications Commission (FCC or Commission) issued a Second Report and Order (Order) adopting a set of standardized national security and law enforcement...more
10/4/2021
/ Broadcasting ,
Cable Television Providers ,
CFIUS ,
Critical Infrastructure Sectors ,
FCC ,
Foreign Investment ,
National Security ,
Ownership Interest ,
Questionnaires ,
Regulatory Standards ,
Telecommunications
The Committee on Foreign Investment in the United States (CFIUS or the Committee) released a public version of its annual report to Congress for the calendar year 2020. The report covers transactions filed with the Committee...more
On June 15, 2021, the Committee on Foreign Investment in the United States (CFIUS) issued an interim order preventing the Chinese private equity firm Wise Road Capital LTD (Wise Road) from acquiring Magnachip Semiconductor...more
On June 9, 2021, the Biden Administration issued an executive order (EO) entitled “Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries.” This EO revoked three prior Trump Administration EOs aimed...more
The webinar will review how the Biden Administration is taking the reins on the Committee on Foreign Investment in the United States (CFIUS) process, Team Telecom, and other national security regimes....more
Senators Bob Menendez (D-NJ) and Jim Risch (R-ID) recently introduced bipartisan legislation that would further expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS or the Committee) to...more
On March 29, 2021, the U.S. Department of Commerce (Commerce or the Department) issued an advance notice of proposed rulemaking (ANPRM) regarding new licensing procedures for Commerce’s January 2021 interim final rule for...more
The Federal Communications Commission (FCC or Commission) has set the deadlines for commenting on the International Bureau’s Public Notice seeking comment on a set of standard national security and law enforcement questions...more
The District of Columbia has put its new pay-to-play law on hold because of insufficient funding to implement the law. Passed by the City Council in 2018, the law would ban political contributions by “covered contractors” –...more
On January 14, 2021, the U.S. Department of Commerce (Department) released an interim final rule to implement President Trump’s 2019 Executive Order (EO) on “Securing the Information and Communications Technology and Services...more
WHAT: The U.S. Department of Defense (DOD) has established a new voluntary program designed to match critical technology companies with vetted sources of private capital. WHEN: On December 1, 2020, DOD issued a Request for...more
On January 5, 2021, President Trump signed an executive order (EO) prohibiting U.S. persons from engaging in transactions with eight “connected software applications” developed or controlled by Chinese companies. The...more
On December 30, 2020, the Federal Communications Commission’s (FCC or Commission) International Bureau published a Public Notice seeking comment on a set of standardized national security and law enforcement questions...more
On Thursday, October 15, 2020, the White House released a national strategy to ensure that the United States remains a global leader in developing critical and emerging technologies (C&ET). The document lays out high-level...more
10/26/2020
/ 5G Network ,
Artificial Intelligence ,
CFIUS ,
Competition ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Foreign Investment ,
Foreign Policy ,
National Security ,
Regulatory Agenda ,
STEM ,
Trump Administration
On September 30, 2020, the Federal Communications Commission (FCC or Commission) unanimously approved its initial modernization of the inter-agency working group previously referred to as “Team Telecom” (the Committee). This...more