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Akin Intelligence - October 2023

Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing...more

President Biden Signs Executive Order on Outbound Investment

Key Points - On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more

Akin Intelligence - August 2023

Welcome back to Akin Intelligence: Hot AI Summer Edition! This month’s newsletter reflects the ongoing and increasing global activity around artificial intelligence (AI), including more proposed AI legislation and court...more

Tri-Seal Compliance Note: Voluntary Self-Disclosure of Potential Violations

On July 26, 2023, the departments of Commerce, Justice and the Treasury issued their second ever to date “Tri-Seal Compliance Note” (the “Note”). It describes expectations for the voluntary disclosure of sanctions, export,...more

Akin Intelligence - July 2023

Welcome to the July edition of Akin Intelligence. In this month’s AI news, the U.S. Senate receives member-only briefings on AI, U.S. states continue to debate and legislate on AI issues, the U.S. prepares new AI-related...more

Akin Intelligence - June 2023

Welcome back to Akin Intelligence! May featured major congressional hearings and state action in the United States, calls from industry and lawmakers for artificial intelligence (AI) regulation, and significant...more

Biden Administration Plans for Outbound Investment Regulation Coming into Focus

The Departments of the Treasury and Commerce recently provided reports to Congress describing plans under consideration to regulate outbound investment, as required by the 2023 Consolidated Appropriations Act. Key highlights...more

Russia, China, Semiconductors and Reimagining National Security: US Export Controls 2022 Year in Review

The volume and impact of changes to United States export control regulations in 2022 were unprecedented, and we expect 2023 will likely bring additional changes. This alert provides a summary of key changes, themes and...more

BIS Has New Authorities to Impose Controls over Activities of US Persons in Support of Foreign Military, Security, or Intelligence...

Key Points - The Export Control Reform Act of 2018 has been amended to give BIS the authority to regulate services and other activities of U.S. persons, wherever located, when in support of foreign “military, security, or...more

BIS Imposes New Controls to Limit the Development and Production of Advanced Computing and Semiconductor Capabilities in China

The Commerce Department’s Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to impose a series of significant new export controls designed to limit the development and production in...more

BIS Announces Significant Changes to How It Administers Unverified and Entity Lists

Key Points - BIS amended the EAR to add a new criterion for placing a party on the Entity List: a sustained lack of cooperation by the host government to schedule and facilitate the completion of an end-use check of an...more

U.S. Government Imposes Expansive, Novel and Plurilateral Export Controls Against Russia and Belarus

Key Points - As part of highly coordinated U.S. government and allied and partner country responses to Russia’s further invasion of Ukraine, and Belarus’ enabling of it, BIS imposed on February 24, 2022, and March 2,...more

US Government Clarifies, Reorganizes and Renames Descriptions of How Foreign-Produced Items Outside the United States Are Subject...

Key Points - The U.S. Department of Commerce has reorganized and clarified the regulations describing when foreign-produced items outside the United States are and are not subject to the licensing and other obligations of...more

The Hong Kong Court Refuses to Stay ‘Keepwell’ Claims

In a noteworthy decision handed down on 17 December 2021 (“Decision”), the High Court of Hong Kong recognised the Mainland China bankruptcy administrator (“Administrator”) of Peking University Founder Group Limited (PKU) and...more

The New PRC Personal Information Protection Law

On August 20, 2021, the 30th session of the Standing Committee of the 13th National People’s Congress (NPC) adopted China’s new PRC Personal Information Protection Law (PIPL), which will take effect on November 1, 2021. The...more

New Mainland China Official Government Opinion on the Off-campus Tutoring Education Sector—Implications for VIE Structures in This...

Last month we alerted our clients to the expected impact of the Implementation Rules for the Law for Promoting Private Education (“Education Sector Implementation Rules”), which signaled a continued focus by the authorities...more

The First Test Case of the Cross-Border Arrangement Between Hong Kong and Mainland China on Insolvency and Restructuring Matters

In the groundbreaking recent decision in Re Samson Paper Company Limited (in Creditors’ Voluntary Liquidation) [2021] HKCFI 2151 (“Samson”), the Hong Kong Companies Court (the “Hong Kong court”) has for the first time issued...more

Impact of the New China Data Security Law for International Investors and Businesses

Recent developments in the tech sector in China, including government directives concerning heightened regulatory scrutiny of tech companies listed or looking to list in the US or on exchanges in other overseas jurisdictions,...more

The New PRC Anti-Foreign Sanctions Law

On June 10, 2021, the 29th session of the Standing Committee of the 13th National People’s Congress ("NPC") adopted China’s new Anti-Foreign Sanctions Law,1which took immediate effect. The new law provides legal grounds for...more

New Mainland China Implementation Rules for the Law for Promoting Private Education – Implications for Investments into VIE...

On May 14, 2021, the People’s Republic of China (PRC) State Council announced the Implementation Rules for the Law for Promoting Private Education (“Education Sector Implementation Rules”). These measures—which contain...more

The New Cross-Border Arrangement Between Hong Kong and Mainland China on Insolvency and Restructuring Matters – A Comparison with...

On May 14, 2021, the Department of Justice of the government of the Hong Kong Special Administrative Region announced that the Secretary for Justice of Hong Kong and the Vice-president of the Supreme People’s Court (the...more

China Fintech – the Beginning of a New Regulatory Era?

This alert outlines the recent potentially seismic shifts in the Fintech regulatory landscape affecting the regulation and commercial business model of China’s online micro-lending company ("MLC") sector – a part of the...more

Recognition of Hong Kong Insolvency Proceedings in Mainland China – A Test Case in the Making?

In Re Ando Credit Limited [2020] HKCFI 2775 (“Re Ando”), the Hong Kong Companies Court recently appointed provisional liquidators over a Hong Kong company, Ando Credit Limited, in novel circumstances with potentially...more

Nvidia/Mellanox: China’s Close Scrutiny of Semiconductor Deals Continues

- On April 16, 2020, the Chinese competition authority finally announced its conditional approval of Nvidia’s $6.9 billion acquisition of Mellanox. - The Chinese SAMR approved the acquisition after a yearlong investigation...more

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