On July 28, 2025, the National Security Division of the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced parallel criminal and civil-administrative export...more
8/6/2025
/ Bureau of Industry and Security (BIS) ,
China ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Guilty Pleas ,
National Security ,
Popular ,
Semiconductors
On July 23, 2025, the White House unveiled “Winning the AI Race: America’s AI Action Plan,” which provides for federal policy actions the Trump Administration intends to take related to Artificial Intelligence (AI). The...more
7/25/2025
/ Artificial Intelligence ,
China ,
Enforcement ,
Export Controls ,
Foreign Direct Product Rule ,
Infrastructure ,
International Trade ,
National Security ,
Regulatory Requirements ,
Semiconductors ,
Trump Administration ,
U.S. Commerce Department
On July 11, 2025, the Trump administration published an order forcing Suirui International Co., Limited—a Hong Kong company that is majority owned by Suirui Group Co., Ltd., a People’s Republic of China company—to unwind its...more
7/16/2025
/ Acquisitions ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Divestiture ,
Foreign Corporations ,
Foreign Investment ,
Hong Kong ,
Investment ,
National Security ,
Trump Administration
Section 232 investigations determine whether the targeted U.S. imports threaten to impair U.S. national security. At the conclusion of a Section 232 investigation (which can last for up to 270 days), the President must...more
4/22/2025
/ Bureau of Industry and Security (BIS) ,
Executive Orders ,
Government Investigations ,
Imports ,
National Security ,
Pharmaceutical Industry ,
Section 232 ,
Semiconductors ,
Tariffs ,
Trump Administration ,
U.S. Commerce Department
The Commerce Department’s Bureau of Industry and Security (BIS) has released a pair of long-awaited rules that impose additional export controls on advanced computing integrated circuits (ICs) and artificial intelligence (AI)...more
The United States Department of Commerce issued an advance notice of proposed rulemaking under its “information and communications technology and services” (ICTS) regulations on Friday to solicit comments from U.S. industry...more
On November 15, the U.S. Department of the Treasury published final regulations to implement its long-awaited “Outbound Investment” Security Program, which the Biden Administration originally introduced in August 2023 under...more
12/2/2024
/ Biden Administration ,
China ,
Corporate Counsel ,
Covered Person ,
Covered Transactions ,
Cyber Policies ,
Due Diligence ,
Effective Date ,
Executive Orders ,
Foreign Investment ,
Investors ,
Military End Use ,
National Intelligence Agencies ,
National Security ,
New Regulations ,
Outbound Transactions ,
Popular ,
Prohibited Transactions ,
Semiconductors ,
Surveillance ,
Technology Sector ,
U.S. Treasury
The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more
7/30/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Computing ,
Data Centers ,
Export Controls ,
Exports ,
Final Rules ,
Innovative Technology ,
Interim Final Rules (IFR) ,
National Security ,
Proposed Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Technology ,
U.S. Commerce Department
Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more
5/22/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cloud Computing ,
Compliance ,
Department of Justice (DOJ) ,
Due Diligence ,
Export Controls ,
Exports ,
Hardware ,
IaaS ,
Know Your Customers ,
Military End Use ,
National Security ,
Popular ,
Proposed Legislation ,
Proposed Rules ,
Semiconductors ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Technology Sector
On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On July 26, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) and the U.S. Department of Justice (DOJ) released joint...more
7/31/2023
/ Anti-Money Laundering ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Disclosure ,
Disclosure Requirements ,
Enforcement ,
Export Controls ,
FinCEN ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblowers
As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security...more
5/30/2023
/ Attestation Requirements ,
Biden Administration ,
Cybersecurity ,
Deadlines ,
Executive Orders ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
OMB ,
Public Comment ,
Software ,
Software Developers ,
Supply Chain
The U.S. Department of State (State Department) and U.S. Department of Commerce (Commerce Department), have recently previewed, proposed or finalized changes to relevant trade controls. These new regulatory updates include...more
1/18/2023
/ Amended Regulation ,
Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
ITAR ,
National Security ,
Popular ,
Proposed Rules ,
Regulatory Agenda ,
U.S. Commerce Department ,
US Department of State
The U.S. government’s national security and economic priorities around encouraging and adopting innovation is on full display in the soon-to-be-finalized Fiscal Year 2023 National Defense Authorization Act (NDAA). In this...more
12/16/2022
/ Artificial Intelligence ,
Biden Administration ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Data Management ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Innovation ,
Life Sciences ,
National Security ,
NDAA ,
Popular ,
Regulatory Agenda ,
Technology Sector ,
Trade Relations
On September 29, 2022, Congress passed the SBIR and STTR Extension Act of 2022, renewing the U.S. Small Business Administration’s (SBA) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)...more
10/4/2022
/ CFIUS ,
Cybersecurity ,
Due Diligence ,
Foreign Ownership ,
GAO ,
National Security ,
OSTP ,
Patents ,
Performance Standards ,
Pilot Programs ,
Risk Management ,
SBA ,
SBIRs ,
STTR ,
Transparency
CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments -
On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more
9/22/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Export Controls ,
Foreign Investment ,
National Security ,
Popular ,
Supply Chain ,
Technology Sector
On September 9, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS or Commerce) published a rule, sought by tech and telecom companies, and industry organizations, authorizing the release of certain...more
9/12/2022
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
National Security ,
New Rules ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department