News & Analysis as of

National Security Foreign Adversaries Committee on Foreign Investment in the United States

Wilson Sonsini Goodrich & Rosati

The CFIUS “Fast-Track” Pilot Program: Why You (Probably) Can Ignore This Space

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced that it will create a “fast-track pilot program” for certain foreign investors. The stated goal of the program is to streamline investment reviews by...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

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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

Guidepost Solutions LLC

America First Investment Policy: Navigating the Shift in CFIUS Mitigation

Every new presidential administration brings with it a degree of uncertainty regarding potential shifts in the Committee on Foreign Investment in the United States (CFIUS) process. This is especially true in our current...more

Brownstein Hyatt Farber Schreck

Trump Administration Sets Foreign Investment Goals Under the "America First Investment Policy"

On Feb. 21, 2025, President Trump issued a National Security Presidential Memorandum (NSPM) introducing an “America First Investment Policy,” which sets the stage for a significant realignment of U.S. investment regulations....more

Wiley Rein LLP

President Trump Announces “America First Investment Policy” to Promote Investments from Allies and Enhance Restrictions on China

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On February 21, 2025, President Trump signed a National Security Presidential Memorandum (NSPM) announcing an “America First Investment Policy” focused on promoting foreign investment in the United States from allies and...more

Orrick, Herrington & Sutcliffe LLP

White House to Expand Restrictions on Chinese Investment While Streamlining Investment Reviews for Allies

On February 21, 2025, a Presidential Memorandum, “America First Investment Policy” (the “Memorandum”), announced planned changes to the Committee on Foreign Investment in the United States (“CFIUS”) and outbound investment...more

Akin Gump Strauss Hauer & Feld LLP

America First Investment Policy (Trump EO Tracker)

This memorandum directs the U.S. government to use all necessary legal instruments, including the Committee on Foreign Investment in the United States (CFIUS), to restrict PRC-affiliated persons from investing in U.S....more

Latham & Watkins LLP

White House Issues America First Investment Policy

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The policy memo aims to preserve an open investment environment as well as restrict investment in strategic sectors. Late on Friday, February 21, 2025, the White House released its “America First Investment Policy”...more

Morgan Lewis

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

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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

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - August 2024

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The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

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The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

Morrison & Foerster LLP

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

Morrison & Foerster LLP

CFIUS Updates: New Rules to Sharpen Process and Enforcement Authorities

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) unveiled updates to its regulations that sharpen CFIUS’s processes and enforcement authorities. Together with remarks by U.S. government...more

Haynsworth Sinkler Boyd, P.A.

Proposed Bill Could Increase CFIUS Jurisdiction, Further Restrict FDI

A trend in international investment is continuing. Legislators want the Committee on Foreign Investment in the United States (CFIUS) to be more strict on Foreign Direct Investment (FDI) in a way that could affect Greenfield...more

Bradley Arant Boult Cummings LLP

Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews

President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more

Morgan Lewis

Could Sensitive Personal Data Become Export Controlled?

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Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

Holland & Knight LLP

Biden Signs Executive Order to Protect Personal Data from Foreign Adversaries

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The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more

Jones Day

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

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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

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Reviewing Comments on Interim Final ICTS Rule

Key Points - On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

Pillsbury - Global Trade & Sanctions Law

Commerce Department’s New ICTS Rule Raises Additional Considerations for Cross-Border Transactions

On January 19, 2021, the Commerce Department issued an interim final rule to implement the Executive Order on Securing the Information and Communications Technology and Services Supply Chain (E.O. 13873), which was issued on...more

Husch Blackwell LLP

Commerce Department Publishes Interim Final ICTS "Foreign Adversary" Rules

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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

Snell & Wilmer

New Commerce Rule Injects Uncertainty Into Foreign Transactions Involving Information and Communications Technology

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On January 14, 2021, the U.S. Department of Commerce issued an interim final rule to address national security, economic security, and public health and safety concerns related to Information and Communications Technology and...more

Lowenstein Sandler LLP

Hypersonics Race Raises National Security Concerns For U.S. Businesses

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U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more

ArentFox Schiff

National Security Podcast: US Government Zeros in on China

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Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more

King & Spalding

Executive Order Restricts Foreign Supply to U.S. Bulk-Power System

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On May 1, 2020, President Donald J. Trump signed Executive Order 13920 declaring a national emergency regarding threats posed to the U.S. bulk-power system by electrical equipment supplied by “foreign adversaries.” (BPS EO)...more

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