News & Analysis as of September 12, 2025

Foreign Investment

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The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds. less -

What Defense Contractors Should Know About Expanded FOCI Scrutiny

Torres Trade Law, PLLC on 9/10/2025

Section 847 of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 marks a pivotal evolution in how the Department of Defense (DoD) approaches the risks of foreign ownership, control, or influence (FOCI) across...more

U.S. Policies on China to Watch in 2024

Brownstein Hyatt Farber Schreck on 1/8/2024

As the first session of the 118th Congress comes to a close, Congress unveiled a vast array of policy recommendations and legislation furthering their focus on U.S.-China strategic competition. Throughout the year, China...more

Recent Developments on U.S. Ban on American Investment in Chinese Military Companies

Miller Canfield on 2/18/2021

This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters. OFAC's Frequent Asked Questions -...more

Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military

Dorsey & Whitney LLP on 11/20/2020

On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more

President Trump Bans American Investment in Chinese Military Companies

Miller Canfield on 11/18/2020

On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more

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

Akin Gump Strauss Hauer & Feld LLP on 9/12/2018

• 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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