News & Analysis as of

Foreign Adversaries U.S. Commerce Department Supply Chain

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

Troutman Pepper Locke on

The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Morrison & Foerster LLP

Commerce Rings in New Year with Proposed Rulemaking on Drones

The Department of Commerce (Commerce) Office of Information and Communications Technology and Services (OICTS) has broad authority—born out of executive action during the first Trump administration—to identify and mitigate...more

Morgan Lewis

Securing the ICTS Supply Chain: Commerce Issues Final Rules Pursuant to EO 13873

Morgan Lewis on

The US Department of Commerce (Commerce or DOC) on December 6, 2024 issued a final rule codifying its framework for reviewing Information and Communications Technology and Services (ICTS) transactions under Executive Order...more

Husch Blackwell LLP

Commerce Department Bans Kaspersky Software in First ICTS Prohibition, Signals Increased Risk of Using Certain Foreign Software...

Husch Blackwell LLP on

On June 20, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a Final Determination prohibiting the sale of certain cybersecurity products, anti-virus software, and related services to...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Focuses National Security Scrutiny on 'Connected Vehicle' Supply Chain

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

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - July 2023

Lowenstein Sandler LLP on

On June 16, the U.S. Department of Commerce published a final rule, to be effective July 17, implementing the Protecting Americans’ Sensitive Data From Foreign Adversaries and amending the Securing the Information and...more

Blank Rome LLP

The ICTS Supply Chain Rules: Towards a U.S.-China Tech Decoupling?

Blank Rome LLP on

A July 2022 report relayed the news that the U.S. Department of Commerce (Commerce) is investigating the installation of Huawei equipment into cell towers situated near U.S. military bases and missile silos, based on concerns...more

Morrison & Foerster LLP

Information and Communications Technology and Services Supply Chain Developments

On November 26, 2021, the U.S. Department of Commerce (“Commerce”) published a Proposed Rule that expanded on a prior rule implementing provisions of Executive Order 13873 on Securing the Information and Communications...more

Skadden, Arps, Slate, Meagher & Flom LLP

Security Concerns Prompt Multiple Supply Chain Initiatives

Takeaways - As a national and economic security initiative, the Biden administration is developing policies to protect several critical supply chains. The Commerce Department is expected to take further measures to...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Proposes ICTS Changes for Connected Software Applications

Key Points - On November 26, 2021, the U.S. Department of Commerce issued a notice of proposed rulemaking related to “connected software applications” (“apps”) that aims to expressly incorporate transactions involving...more

Wiley Rein LLP

Wireless Roundup (April 2021)

Wiley Rein LLP on

Key Wireless Deadlines - FCC Requests Comment on Proposals to Address 911 Fee Diversion: Reply comments are due by April 2 on the Federal Communications Commission’s (FCC or Commission) Notice of Proposed Rulemaking to...more

Wiley Rein LLP

Commerce Calls for Public Input on Licensing Procedures for ICTS Transactions Involving “Foreign Adversaries”

Wiley Rein LLP on

On March 29, 2021, the U.S. Department of Commerce (Commerce or the Department) issued an advance notice of proposed rulemaking (ANPRM) regarding new licensing procedures for Commerce’s January 2021 interim final rule for...more

Wilson Sonsini Goodrich & Rosati

Companies That Procure IT Products or Services from China, Russia, and Certain Other "Adversary" Nations May Face New National...

Earlier this year, the Department of Commerce (Commerce) published an interim final rule to address the security of the U.S. supply chain for information technology (the Rule). The Rule, which has now taken effect as of March...more

WilmerHale

New Commerce Rule Covering ICTS Transactions Involving Foreign Parties

WilmerHale on

A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review commercial transactions between US and foreign parties for certain information and communications technology and services...more

ArentFox Schiff

Commerce Department Signals Tough Approach on China Under Controversial Trump Tech Supply Chain EO

ArentFox Schiff on

The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China. The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more

Jones Day

Commerce Department Rule Authorizes Review of ICTS Transactions Involving "Foreign Adversaries"

Jones Day on

The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more

Morgan Lewis

Overview and Implications of the Interim Final Rule Implementing Executive Order 13873

Morgan Lewis on

Executive Order 13873 focused on securing the information and communications technology and services supply chain against transactions involving “foreign adversaries.” Companies in the information and communications...more

Husch Blackwell LLP

Commerce Department Publishes Interim Final ICTS "Foreign Adversary" Rules

Husch Blackwell LLP on

Key Point: New rules will impact the use of equipment and digital services sourced from China and other “foreign adversaries” in a wide variety of transactions and activities that potentially pose a risk to U.S. national...more

Orrick, Herrington & Sutcliffe LLP

Commerce Department Issues Proposed Rule to Secure the Information and Communications Technology and Services Supply Chain

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

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

ArentFox Schiff

US Administration Tests the Water on New Unheard-of Government Review of International Technology Transactions

ArentFox Schiff on

Under this new evaluation process, Commerce can prohibit companies from engaging in a wide variety of transactions and order them to cease using the information technology or telecommunication system in question even if it is...more

Pillsbury - Global Trade & Sanctions Law

Commerce Department Issues New Proposed Rules on Telecommunications Supply Chain

On November 27, 2019, the US Commerce Department published a proposed rule implementing regulations following President Trump’s May 15, 2019 Executive Order 13783 (E.O.) on Securing the Information and Communications...more

Davis Wright Tremaine LLP

Commerce Dept. Proposes Sweeping Supply Chain Rules to Prevent ICTS Attacks by Foreign Adversaries

The U.S. Department of Commerce today published a proposed rule to implement Executive Order 13873, Securing the Information and Communications Technology and Services (ICTS) Supply Chain. ...more

Hogan Lovells

U.S. Commerce Department issues proposed rule to implement executive order on telecom supply chain

Hogan Lovells on

On 26 November 2019 the U.S. Department of Commerce issued a long-awaited proposed rule (or draft regulations) to implement Executive Order 13873, "Securing the Information and Communications Technology and Services Supply...more

White & Case LLP

US Targets Telecommunications Transactions Involving the Information and Communications Technology and Services Supply Chain

White & Case LLP on

On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...more

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