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
The U.S. Commerce Department is soliciting comments on a proposed rule to prohibit importing and selling Vehicle Connectivity System hardware and software designed, developed, manufactured, or supplied by persons owned by,...more
10/11/2024
/ Boycotts ,
CFIUS ,
China ,
Connected Cars ,
Customs and Border Protection ,
Economic Sanctions ,
Export Controls ,
Hong Kong ,
Motor Vehicles ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PRC ,
Recordkeeping Requirements ,
Red Flags Rule ,
Russia ,
Software ,
Supply Chain ,
Tariffs ,
U.S. Commerce Department ,
US Department of State ,
USTR
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more
9/20/2024
/ AUKUS ,
Australia ,
Belarus ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Foreign Governments ,
Foreign Investment ,
ITAR ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Technology ,
U.S. Treasury ,
UK ,
US Department of State
The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more
8/14/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Adversaries ,
Foreign Investment ,
International Trade ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Real Estate Transactions ,
Russia ,
Sensitive Business Information
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
On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more
5/9/2024
/ AUKUS ,
CFIUS ,
Copyright Infringement ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
FIRRMA ,
Foreign Investment ,
Immigration and Customs Enforcement (ICE) ,
International Emergency Economic Powers Act (IEEPA) ,
ITAR ,
Made in the USA ,
National Security ,
NDAA ,
Prohibited Transactions ,
Proposed Rules ,
Russia ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State ,
Uyghur Forced Labor Prevention Act (UFLPA)
On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more
3/7/2024
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CAFC ,
CFIUS ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
False Statements ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
International Trade ,
Iran ,
ITAR ,
Labeling ,
Made in the USA ,
Money Laundering ,
National Security ,
National Security Agency (NSA) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Section 301 ,
U.S. Commerce Department ,
US Department of State ,
USTR
TRADE TIP OF THE MONTH: New Companies Have More Time To Report Ownership-
The Treasury Department’s Financial Crimes Enforcement Network issued a final rule in late November to delay the deadline for newly created...more
12/11/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Reporting Requirements ,
U.S. Treasury ,
Virtual Currency
1. BIS Releases Texts of New Chip Export Control Rules-
Updating and expanding on rules issued last year, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released three rules on October 27 targeting...more
11/8/2023
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Controls ,
Firearms ,
Hamas ,
International Trade ,
Israel ,
Joe Biden ,
National Security ,
NIST ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Semiconductors ,
Supply Chain ,
U.S. Commerce Department ,
Venezuela
On Oct. 4, Deputy Attorney General Lisa Monaco (DAG Monaco) announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (the Safe Harbor Policy). At the outset of her...more
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
1. OFAC Imposes Sanctions on Russian Elites Who Were Board Members of Alpha Group-
On Aug. 11, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated four Russian individuals, Petr...more
9/7/2023
/ Boycotts ,
Build America Investment Initiative ,
Bureau of Industry and Security (BIS) ,
Buy America ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corporations ,
Internal Revenue Code (IRC) ,
Lawful Permanent Residents ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Ownership Interest ,
Parent Corporation ,
Popular ,
Russia ,
SDN List ,
SpaceX ,
Suppliers ,
Virtual Currency
On Aug. 9, President Joe Biden signed an Executive Order providing the framework for investment restrictions in China (including Hong Kong and Macau). The President has tapped the Department of the Treasury to oversee a...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Investment ,
Intelligence Services ,
Joe Biden ,
Microchip Technology ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PRC ,
Screening Procedures ,
Section 301 ,
Semiconductors ,
Tariffs ,
Technology Sector ,
USTR
1. BIS, DOJ Technology Strike Force to Investigate Disruptive Technologies On February 16, the Department of Justice (DOJ) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced the creation of...more
3/9/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Buy American Act ,
CFIUS ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Assets ,
Disruptive Technology ,
DOJ Strike Force ,
Export Controls ,
Huawei ,
License Renewals ,
National Security ,
OMB ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. Updates to Russia Sanctions and Export Controls-
In response to the ongoing attack on Ukraine, the U.S. government continues on a weekly basis to increase economic sanctions and export controls on Russia.
...more
4/11/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Court of International Trade ,
Cryptocurrency ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FCC ,
International Trade ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Treasury
1. New Cybersecurity Export Controls From BIS Go Into Effect in January -
The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more
11/3/2021
/ Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Espionage ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Russia ,
Sanctions ,
Section 301 ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies ,
USTR ,
Virtual Currency
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
10/22/2021
/ Blocked Entities ,
CFIUS ,
Compliance ,
Cross-Border ,
Customs and Border Protection ,
Duties ,
Economic Sanctions ,
Embargo ,
Export Controls ,
Foreign Entities ,
Foreign Investment ,
Foreign Ownership ,
Foreign Workers ,
Imports ,
National Security ,
Startups ,
Tariffs ,
Technology Sector ,
Trademark Infringement
How companies should navigate today’s shifting global trade landscape and remain in compliance amid increasing government scrutiny.
What it means for your strategic business planning.
We all know global trade policy...more
8/24/2021
/ Airbus ,
Boeing ,
Buy American Act ,
China ,
Court of International Trade ,
Cross-Border ,
Department of Justice (DOJ) ,
Exports ,
Forced Labor ,
Foreign Investment ,
Imports ,
Joe Biden ,
National Security ,
OECD ,
Supply Chain ,
Technology Sector ,
Trade Policy ,
WTO
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. Biden Administration Trade Posture-
The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more
8/9/2021
/ Airbus ,
Biden Administration ,
Boeing ,
CFIUS ,
China ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Interagency Guidance ,
National Security ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Section 301 ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
WTO
Have you made the classic mistake of assuming that — because your company is a startup, hasn’t gone global or never plans to engage in international transactions — you aren't required to comply with export controls and U.S....more
Despite heightened US-China trade tensions and the COVID-19 pandemic’s disruptive effects on the global economy, mergers and acquisitions continue. The US government’s Committee on Foreign Investment in the United States...more
As trade compliance gains more traction, US regulators have made it clear that having compliance policies in place is critical, regardless of the company size or the industry. The implementation of such compliance programs...more
11/9/2020
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Compliance ,
Cuba ,
Department of Justice (DOJ) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Fines ,
National Security ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Sanction Violations ,
Shipping Cargo
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