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
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has published proposed amendments to the Export Administration Regulations (EAR) that would significantly expand the scope of the export controls over...more
Given the heightened terrorism threat level, comparable to that of 9/11, and the recent assassination attempt on former President Trump, it’s crucial for corporate security to prioritize comprehensive preparedness for all...more
Former government employee Sue Mi Terry has been arrested and indicted in New York for acting as an unregistered foreign agent of South Korea. Damian Williams, U.S. Attorney for the Southern District of New York, released the...more
Quick Hits Schrems II Recap Most people are now familiar with the Schrems II requirements to “know your transfers” and to protect personal data when such information is subject to processing (including remote access to...more
Companies and their executives can reduce Department of Justice (DoJ), OFAC, and Commerce Department risks (and liability) by understanding and respecting the relationship between economic sanctions, voluntary...more
In 2021, Congress enacted the Corporate Transparency Act (the “CTA”) to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other...more
We continue to track developments affecting government contractor cybersecurity and supply chains, as the federal government churns out proposals and rules. Wiley’s supply chain, cyber, government contracts, and national...more
On December 7, 2023, House and Senate Armed Services committee leaders unveiled their conference report for the fiscal year (FY) 2024 must-pass defense authorization bill, which contains a number of artificial intelligence...more
On Sunday evening, CBS's 60 Minutes aired a segment featuring “The Five Eyes” and the critical issue of state-sponsored intellectual property ("IP") and trade secret theft. While geopolitics and national security issues might...more
As Artificial Intelligence (AI) grows in popularity, discussion of its potential uses and risks is everywhere. The Department of Defense (DoD) is no exception and has been considering how AI development can be helpful or...more
On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021. Congress passed the CTA to...more
The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) issued proposed regulations (Proposed Regulations) on Dec. 15, 2022, governing the disclosure, access and safeguarding of beneficial...more
On October 7, 2022, President Biden signed Executive Order (EO) 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,” which provides a new framework for legal data transfers between the European...more
Over the past few days, PilieroMazza received a number of inquiries related to our recent posting entitled DOD Releases New List of Section 889 Banned Entities. In that post, we discussed how DOD recently released a new list...more
On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more
Yet another international data transfer update recently materialized. On October 7, President Biden signed an executive order directing the steps to implement a new data privacy framework. This would apply to the flow of...more
There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more
The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more
The White House has issued its Executive Order on Enhancing Safeguards for United States Signal Intelligence Activities (“EO”), which provides additional due process protections to the use of surveillance mechanisms by U.S....more
On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more
On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence...more
In October 2020, we wrote about a memorandum issued by the Director of National Intelligence (DNI), John Ratcliffe, that waived the requirement that Department of Defense (DOD) contractors comply with Part B of Section 889 of...more
On June 13, legislators released a new proposed version of the National Critical Capabilities Defense Act, which would establish an outbound investment review mechanism to protect U.S. technologies against adversaries like...more
On June 29, 2022 through July 1, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) held its 35th Annual Update Conference on Export Controls and Policy (Update) in Washington, D.C. This important...more