On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced plans to establish a “fast-track” review process for the Committee on Foreign Investment in the United States (CFIUS). This initiative implements a key...more
On February 21, 2025, President Trump issued the America First Investment Policy Memorandum, which emphasizes the U.S. commitment to a strong, open investment environment while reshaping the U.S. government’s policy towards...more
The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more
2/24/2025
/ Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Due Diligence ,
Executive Orders ,
Final Rules ,
Food and Drug Administration (FDA) ,
Foreign Entities ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Personal Data ,
Sensitive Personal Information
The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more
2/20/2025
/ Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Executive Orders ,
Final Rules ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
Regulatory Requirements ,
Sensitive Personal Information
On January 16, 2025, the Bureau of Industry and Security (BIS) published the Final Rule, prohibiting the import of “vehicle connectivity system” (VCS) hardware (including connected vehicles integrating that hardware) and the...more
2/14/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
Final Rules ,
NPRM ,
Russia ,
Supply Chain ,
Trade Policy ,
U.S. Commerce Department
On November 15, 2024, the U.S. Department of the Treasury published the final rule implementing President Biden’s August 9, 2023 Executive Order on outbound investment, which addresses concerns related to China’s advancement...more
11/25/2024
/ Artificial Intelligence ,
China ,
Compliance ,
Debt Financing ,
Derivatives ,
Export Controls ,
Final Rules ,
Investment ,
Investors ,
Limited Partnerships ,
Notice of Proposed Rulemaking (NOPR) ,
Passive Investments ,
Popular ,
Semiconductors ,
Technology Sector ,
Venture Capital
The Department of Justice’s (DOJ) proposed rule implements President Biden’s Executive Order (EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of...more
11/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biometric Information ,
CFIUS ,
China ,
Department of Justice (DOJ) ,
Due Diligence ,
Geolocation ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Penalties ,
Proposed Rules ,
Recordkeeping Requirements ,
Russia ,
Sensitive Personal Information ,
Telecommunications
U.S. export controls on space-related items were last significantly revised in 2014. Since then, the industry has continued to evolve towards a wider range of public-private partnerships and purely commercial activities,...more
11/4/2024
/ Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Interim Final Rules (IFR) ,
ITAR ,
National Security ,
Outer Space ,
Proposed Legislation ,
Software ,
Technology Sector ,
USML
The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...more
10/24/2024
/ Acquisitions ,
CFIUS ,
Cryptocurrency ,
Enforcement Actions ,
Foreign Investment ,
Jurisdiction ,
Mergers ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Real Estate Transactions ,
Risk Mitigation
On September 26, 2024, the Office of Information Communications Technology Services (OICTS) within the Bureau of Industry and Security of the U.S. Department of Commerce published a long-awaited proposed rule to regulate the...more
The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more
7/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Debt Financing ,
Economic Sanctions ,
Export Controls ,
Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
SDN List ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more
While media reporting has predominantly focused on the provisions in the emergency foreign aid package that President Biden signed into law on April 24, 2024 that provides funding for Ukraine, Israel and Taiwan, House Foreign...more
5/1/2024
/ Department of Justice (DOJ) ,
Drug Trafficking ,
Economic Sanctions ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Sanction Violations ,
Statute of Limitations ,
TWEA
Key Points - On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS’s enforcement authorities....more
On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Foreign Adversaries ,
National Security ,
Satellites ,
Software ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
Key Points - On January 31, 2024, the Department of Defense (DoD) released an update to its list of “Chinese military companies” that are “operating directly or indirectly in the United States” in accordance with the...more
2/7/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Executive Branch ,
Military Contracts ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Proposed Legislation ,
Regulatory Requirements ,
SDN List ,
Trade Restrictions
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
On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report for 2022. Overall, the statistics indicate that CFIUS is taking more time to finish its review...more
The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more
On May 5, the U.S. Department of the Treasury issued a notice of proposed rulemaking to add eight military installations to the list of sites around which the Committee on Foreign Investment in the U.S. has jurisdiction to...more
On May 5, 2023, the Department of the Treasury issued a notice of proposed rulemaking to add eight military installations to the list of sites around which CFIUS has jurisdiction to review real estate transactions. This is...more
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
Key Points -
On February 10, 2023, CFIUS formally determined that the United Kingdom and New Zealand have established and are effectively utilizing robust processes to screen foreign investments for national security...more
Key Points -
EO 14083 provides updated guidance to CFIUS regarding its consideration of U.S. national security risk factors and is aimed at confronting evolving and emerging threats to U.S. technological leadership, U.S....more
Key Points -
According to CFIUS’s recently-released Annual Report for 2021, the total number of CFIUS filings increased significantly year-on-year, with transactions involving Chinese investors more than doubling compared...more