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Foreign Investment National Defense Authorization Act Technology Sector

Torres Trade Law, PLLC

U.S. Issues Unprecedented Order Restricting Investment in China

Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Womble Bond Dickinson

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

Womble Bond Dickinson on

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more

Vinson & Elkins LLP

Outbound Investments Beware: President Biden Issues Executive Order Regarding U.S. Investments in China

Vinson & Elkins LLP on

The U.S. Government has long made clear its desire to restrict certain outbound U.S. investments, but it was unclear whether a restriction would come through executive or legislative action. Last week, we received an answer —...more

Akin Gump Strauss Hauer & Feld LLP

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

Foley Hoag LLP

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

Foley Hoag LLP on

On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, July 2023 #2

Senate Adopts Outbound Investment NDAA Provision. On July 25, the Senate approved an amendment to the FY 2024 National Defense Authorization Act (NDAA) filed by Sens. John Cornyn (R-TX) and Bob Casey (D-PA) that would require...more

Morrison & Foerster LLP

Biden Administration Carries Forward Trump Era Executive Order Scrutinizing Imports And Sales Of Certain Communications Technology...

On March 22, 2021, the Department of Commerce (“Commerce”) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became...more

White & Case LLP

Huawei espionage concerns reach UK

White & Case LLP on

The UK 5G debate is emblematic of protectionist sentiments in the technology sector. Huawei and the technology cold war - Huawei Technologies Co., Ltd. is a modern Chinese success story. A pioneer in the telecommunication...more

Baker Donelson

BIS Requests Comments on "Emerging" Technologies for CFIUS and Export Control Reforms

Baker Donelson on

The Committee on Foreign Investment in the United States (CFIUS) reform legislation, titled the Foreign Investment Risk Review Modernization Act (FIRRMA), was signed into law in August 2018 as a part of the National Defense...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tightened Restrictions on Technology Transfer Under the Export Control Reform Act

On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more

Akin Gump Strauss Hauer & Feld LLP

The Export Control Reform Act and Possible New Controls on Emerging and Foundational Technologies

• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more

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