News & Analysis as of

Technology Sector Advanced Notice of Proposed Rulemaking (ANPRM) U.S. Commerce Department

Troutman Pepper Locke

Drone Alert! BIS Seeks Comments From Industry on How to Secure the Unmanned Aircraft Systems Supply Chain

Troutman Pepper Locke on

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) on January 3, 2025, seeking public input to inform the potential development of a rule to secure...more

Fenwick & West LLP

Commerce Department Issues Notice of Proposed Rulemaking on Foreign Unmanned Aerial Systems

Fenwick & West LLP on

The United States Department of Commerce issued an advance notice of proposed rulemaking under its “information and communications technology and services” (ICTS) regulations on Friday to solicit comments from U.S. industry...more

Holland & Knight LLP

BIS Proposes Rule to Secure Connected Vehicle Supply Chains from Foreign Adversary Threats: Rule Will Create New Compliance...

Holland & Knight LLP on

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

Latham & Watkins LLP on

The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Sheppard Mullin Richter & Hampton LLP

Department of Commerce Initiates Investigation into Chinese-Made “Connected Vehicles”: Potential Prohibitions on Certain...

On February 29, 2024, the Biden administration issued a statement addressing the national security risks to the U.S. auto industry directing the Department of Commerce to conduct an investigation into Chinese made “connected...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Seeks Comment on Restrictions on ‘Connected Vehicle’ Components From ‘Foreign Adversaries’

The U.S. Department of Commerce is soliciting comment on possible restrictions on “connected vehicle” components obtained from “foreign adversaries.” On March 1, 2024, the department’s Bureau of Industry and Security (BIS)...more

Fox Rothschild LLP

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

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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

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

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A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

A&O Shearman

Treasury Proposes New Regulatory Regime For Certain Outbound Investments

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After over a year of anticipation, on August 9, 2023, President Biden issued an Executive Order (“EO”) outlining a new regulatory regime for outbound investments from the United States. The EO targets certain U.S. investments...more

Dorsey & Whitney LLP

Executive Order 14105 on Outbound Investment in China and Proposed Rule

Dorsey & Whitney LLP on

On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

Fenwick & West LLP on

On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...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

A&O Shearman

Biden Administration Moves to Restrict Outbound Investment to China

A&O Shearman on

On August 9, 2023, the Biden Administration issued a long-awaited Executive Order (the EO) that is intended to address the potential national security threats posed by outbound investment from the United States to certain...more

Torres Trade Law, PLLC

President Biden Issues Executive Order Addressing Outbound Investments

Torres Trade Law, PLLC on

On August 9, 2023, President Biden issued an Executive Order (“E.O.”) on outbound investment regulation. This long-anticipated action marks the first time the U.S. government has sought to regulate investments made abroad by...more

Dorsey & Whitney LLP

BIS Considers Export Controls on Neurotechnology and Adds New Controls on Genetic Sequencing Software and Intrusion Software

Dorsey & Whitney LLP on

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has said it is contemplating new export controls on certain neurotechnology items and has adopted new controls on genetic sequencing software and...more

Husch Blackwell LLP

BIS Seeks Comments On Identifying “Foundational Technologies”

Husch Blackwell LLP on

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding the identification and review of controls for certain “foundational...more

White & Case LLP

Bureau of Industry and Security Issues First "Emerging Technology" Control on Artificial Intelligence-Based Geospatial Imagery...

White & Case LLP on

On January 6, 2020, the US Department of Commerce's Bureau of Industry and Security (BIS) issued the first "emerging technology" rule to control artificial intelligence-based software specially designed to automate the...more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

ArentFox Schiff on

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Jones Day

The Emerging List of "Emerging and Foundational Technologies"

Jones Day on

The Situation: On November 14, 2018, the U.S. Department of Commerce ("Commerce")'s Bureau of Industry and Security ("BIS") issued an advanced notice of proposed rulemaking ("Notice") that seeks public comments for defining...more

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