The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more
1/21/2020
/ CFIUS ,
Change of Control ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment ,
Investment Funds ,
Jurisdiction ,
National Security ,
New Regulations ,
Personal Data ,
Popular ,
Principal Place of Business ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Sensitive Personal Information
With new Iran-related sanctions, the U.S. government is making good on threats to give third-country companies a choice – participate in the U.S. market or participate in the Iranian market.
...more
1/13/2020
/ Aluminum Sales ,
Blocked Person ,
Critical Infrastructure Sectors ,
Economic Sanctions ,
Executive Orders ,
Foreign Corporations ,
Foreign Policy ,
Foreign Relations ,
Goods or Services ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Steel Industry ,
Trump Administration ,
U.S. Treasury
On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more
1/2/2020
/ Aircraft ,
Aircraft Equipment ,
Aircraft Sales ,
CAATSA ,
Criminal Investigations ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Drug & Alcohol Abuse ,
Drug Trafficking ,
Economic Sanctions ,
Energy Policy ,
Energy Projects ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Persons ,
Foreign Relations ,
Germany ,
Huawei ,
Iran ,
Iran Sanctions ,
National Security ,
Natural Gas ,
NDAA ,
North Korea ,
Oil & Gas ,
Opioid ,
Pain Management ,
Patriot Act ,
Pharmaceutical Industry ,
Pipelines ,
Popular ,
Procurement Guidelines ,
Risk Management ,
Russia ,
Strict Compliance ,
Supply Chain ,
Syria ,
Telecommunications ,
Trump Administration ,
Turkey ,
U.S. Commerce Department ,
United Nations
On December 13, 2019, the National Security Division (“NSD”) of the U.S. Department of Justice (“DOJ”) released a revised enforcement policy (“the Policy”) meant to encourage companies to voluntarily self-disclose potentially...more
12/23/2019
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
FCPA Corporate Enforcement Policy (CEP) ,
FCPA Guidance ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Sanction Violations ,
Self-Disclosure Requirements ,
Voluntary Disclosure
On November 27, 2019, the U.S. Department of Commerce (“Commerce”) published a proposed rule, “Securing the Information and Communication Technology and Services Supply Chain,” that would implement Executive Order 13873 of...more
12/23/2019
/ Comment Period ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Digital Marketplace ,
Factoring Transactions ,
Foreign Adversaries ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
The Committee on Foreign Investment in the United States (CFIUS) has published proposed regulations that, when finalized, will...more
9/30/2019
/ Acquisitions ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
Personal Data ,
Proposed Regulation ,
Real Estate Market ,
Real Estate Transactions ,
Regulatory Agenda ,
Rulemaking Process ,
Technology Sector
The U.S. government has expanded trade sanctions against Huawei Technologies Co. Ltd. ("Huawei") to cover additional Huawei affiliates but also extended and modified a general license that authorizes otherwise forbidden...more
8/30/2019
/ Bureau of Industry and Security (BIS) ,
Cross-Border Transactions ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Telecommunications
In the last three weeks, the Committee for Foreign Investment in the United States (CFIUS) has reportedly informed two Chinese companies that they must sell their stakes in two U.S. companies....more
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") published a notice of proposed rulemaking requesting public comment on the U.S. government's process for identifying "emerging...more
As described in our prior alert, November 5, 2018 marked the full return ("snapback") of U.S. Iran-related sanctions measures lifted or waived pursuant to the Iran nuclear deal (the Joint Comprehensive Plan of Action or...more
11/13/2018
/ Economic Sanctions ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Goods or Services ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
On August 13, 2018, the United States enacted the Export Control Reform Act and the Foreign Investment Risk Review Modernization Act (“FIRRMA”) to...more
Building on prior extensive Russia-related sanctions, the U.S. government has further sanctioned Russia by intensifying controls on exports and reexports to the country. Alone, this step is unlikely to affect major volumes of...more
Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more
8/6/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Control Reform (ECR) ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Foreign Policy ,
Investment Funds ,
Jurisdiction ,
Licenses ,
National Security ,
Pending Legislation ,
Popular ,
Screening Procedures ,
Technology Sector ,
Technology Transfer Agreements ,
Trump Administration
Harry Clark, Ellen Murphy, Matthew Moses and Elizabeth Morgan co-authored an article for Law360 examining an advisory recently issued by the U.S. Department of State that aims to help U.S. businesses manage the risk of...more
In response to the latest U.S. economic sanctions, Russia adopted a law that gives the Russian President a broad authorization to retaliate for foreign sanctions. However, while this law makes a political statement, it does...more
Crucial Points -
Previously Lifted or Waived Sanctions Measures Coming Back Into Effect: On May 8, 2018, the U.S. President terminated U.S. participation in the Iran nuclear agreement. As a result, U.S. Iran-related...more
On April 15, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") imposed a "denial order" against Zhongxing Telecommunications Equipment Corporation ("ZTE Corporation") and ZTE Kangxun...more
On April 6, 2018, the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") expanded U.S. sanctions relating to Russia by "blocking" seven prominent Russian businessmen, 12 companies, 17 senior Russian...more
On April 3, the Office of the United States Trade Representative ("USTR") identified hundreds of Chinese products against which it proposes to impose 25 percent import duties under Sections 301 and 304 of the Trade Act of...more
4/6/2018
/ Aluminum Sales ,
China ,
Imports ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR ,
WTO
President Trump has issued a proclamation providing for additional 25 percent tariffs on imports of certain steel products and 10 percent tariffs on imports of certain aluminum products. The Administration's position is that...more
3/12/2018
/ Aluminum Sales ,
China ,
Global Market ,
Imports ,
Infrastructure ,
Manufacturers ,
National Security ,
Steel Industry ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
US Trade Policies
On January 29, 2018, the U.S. government released a nonclassified part of a report on senior political figures and oligarchs in Russia (the "Report"). The U.S. Department of the Treasury prepared the Report in consultation...more
Further to our three prior alerts (June, September and November 2017), this alert is to update clients and friends on the proceeding under section 201 of the Trade Act of 1974 regarding imports of crystalline solar...more
1/26/2018
/ Clean Energy ,
Energy Sector ,
Energy Storage ,
Imports ,
Photovoltaic ,
Renewable Energy ,
Section 201 ,
Solar Energy ,
Tariffs ,
Trade Relations ,
Trump Administration ,
USITC
On May 23, 2017, the U.S. International Trade Commission ("USITC") initiated a proceeding under section 201 of the Trade Act of 1974 to determine if imports of crystalline solar photovoltaic ("CSPV") cells and modules are...more
Russia-Related Sanctions Codification: The new law codifies sanctions executive orders related to circumstances in Ukraine and Crimea as well as certain cyber-enabled activities, restricting the U.S. President's authority to...more
8/22/2017
/ Crimea ,
Economic Sanctions ,
Executive Authority ,
Firearms ,
Foreign Policy ,
Foreign Relations ,
Iran Sanctions ,
New Legislation ,
North Korea ,
Russia ,
Trump Administration ,
Ukraine
On May 23, 2017, the U.S. International Trade Commission ("USITC") initiated a proceeding under section 201 of the Trade Act of 1974 to determine if imports of crystalline solar photovoltaic ("CSPV") cells and modules are...more