U.S. Commerce Department Proposes Expansion of Information and Communications Technology and Services Review Process
On November 26, 2021, the U.S. Department of Commerce (Commerce) issued a notice of proposed rulemaking (Proposed Rule) implementing Executive Order 14034 on Protecting Americans’ Sensitive Data from Foreign Adversaries (EO 14034). The Proposed Rule would bring “connected software applications” into the scope of Commerce’s authority to review certain transactions … Read More
The U.S. Innovation and Competition Act: Senate Passes Sweeping $250 Billion Bill to Bolster Scientific Innovation and Compete With China
On Tuesday, June 8, 2021, the U.S. Senate adopted by a 68-32 vote S. 1260, the United States Innovation and Competition Act, a nearly 2,400-page, $250 billion bill designed to boost U.S. semiconductor production, scientific research, development of artificial intelligence, and space exploration in the face of growing economic, technological, … Read More
U.S. Commerce Department Issues Interim Regulations Establishing Review Process for Information and Communications Technology and Services Supply Chains
On January 19, 2021, the U.S. Department of Commerce (Commerce) issued interim final regulations (interim rules) implementing Executive Order 13873, Executive Order on Securing the Information and Communications Technology Services Supply Chain (EO), which was intended to address alleged threats against information and communications technology and services (ICTS) in the … Read More
FCC Standardizes and Formalizes “Team Telecom” Review
Foreign investment in many entities regulated by the U.S. Federal Communications Commission (FCC) has long been subject to an interagency review process for the consideration of national security, foreign policy, and trade policy issues, referred to as “Team Telecom.” Pursuant to an April 2020 executive order and an October 2020 … Read More
New Rules on CFIUS Mandatory Filings
On September 15, 2020, the U.S. Department of the Treasury published a final rule modifying the types of foreign investments that would trigger a mandatory filing before the Committee on Foreign Investment in the United States (CFIUS). The final rule largely tracks a proposed rule published by CFIUS on May … Read More
BIS Issues Long-Awaited Notice on Controls on Foundational Technologies, Adds New Entities to Entity List
The U.S. Department of Commerce, Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) soliciting comments to identify foundational technologies essential to U.S. national security by October 26, 2020 (the Foundational Technologies ANPRM). The ANPRM is only one step in a multiyear process through which … Read More
Treasury Releases New CFIUS Regulations
On January 13, 2020, the U.S. Department of the Treasury (Treasury) issued final and interim regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which expands the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign investments and mitigate any potential … Read More
Trump Executive Order May Significantly Disrupt Technology Supply Chains
On May 15, 2019, President Donald Trump signed an executive order (EO) declaring a “national emergency” related to certain threats against information and communications technology and services (ICTS) in the United States and authorizing the Department of Commerce to block transactions that involve ICTS with a “foreign adversary.” The EO … Read More