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Proposed Rule Would Require Government Contractors to Disclose Climate-Related Risks

Today, the Biden-Harris Administration released the Federal Supplier Climate Risks and Resilience Proposed Rule (also known as the Gas Emissions and Climate-Related Financial Risk Proposed Rule), which would require contractors of the federal government to disclose their climate-related risks. Of particular note: Under the proposed rule: Federal contractors receiving more than $50 million in annual contracts … Continue Reading

BIS Implements New Chinese Supercomputer and Semiconductor Manufacturing Export Controls

On Thursday, October 13, 2022, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register an Interim Final Rule, 87 Fed. Reg. 62186, amending the Export Administration Regulations (EAR) (15 CFR parts 730-774) to impose new export controls on Chinese advanced computing integrated circuits (ICs), computer commodities containing such … Continue Reading

Executive Order on CFIUS Review Factors Provides Insights into Heightened CFIUS Risks Faced by Specific Activities

On September 15, 2022, President Biden signed an Executive Order 14083 (the “Order”), titled “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” (87 Fed. Reg. 57369). The Order does not expand the Committee on Foreign Investment in the United States’ (“CFIUS” or the “Committee”) authority … Continue Reading

BIS Updates Policy Regarding Enforcement of Antiboycott Rules 

On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register (87 Fed. Reg. 60890) a final rule updating its guidance regarding BIS’s penalty determinations in the settlement of administrative enforcement cases involving violations of the antiboycott provisions of the Export Administration Regulations (EAR). The final rule … Continue Reading

Upcoming/New CFIUS Filing: Yuhan Optoelectronic Technology Co., Ltd. and Applied Optoelectronics, Inc.

Status:  Upcoming/New Filing Acquirer: Yuhan Optoelectronic Technology (Shanghai) Co., Ltd. (China) Acquired: Manufacturing facilities located in the People’s Republic of China and certain assets related to the transceiver business and multi-channel optical sub-assembly products of Applied Optoelectronics, Inc. (United States) Value: $150 million Industry Tags: Telecommunications; Electronics Design & Manufacturing… Continue Reading

Cybersecurity Compliance on U.S. Government Contracts and Subcontracts

Digital GavelThe U.S. Department of Justice announced late last year that it would utilize the False Claims Act, the U.S. government’s primary civil tool to redress false claims for federal funds and property, to bring actions against U.S. government contractors and subcontractors who do not meet the cybersecurity requirements of a particular contract or grant.  DOJ … Continue Reading

BIS Proposes Designating Automated Peptide Synthesizers as a Section 1758 Technology 

On September 13, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register (87 FR 55930) an Advance Notice of Proposed Rulemaking (ANPRM) and request for comments regarding certain instruments for the automated synthesis of peptides (automated peptide synthesizers). This proposed rule seeks to identify such automated peptide synthesizers … Continue Reading

Recent Regulatory Developments: Expanding Control Exemption for Standard-Setting to All on Entity List—Analysis 

Under an interim rule published in the Federal Register on Friday, September 9, 2022, the Commerce Department’s Bureau of Industry & Security (BIS) is loosening restrictions on the sharing of specific technology with blacklisted firms, to maintain the United States’ lead in setting international standards. Under that rule, no license will be required to export certain … Continue Reading

BIS Issues Rule on Export Controls for Semiconductor and Gas Turbine Technologies

On August 12, 2022, the US Department of Commerce’s Bureau of Industry and Security issued an interim final rule establishing new export controls on four technologies that support the production of advanced semiconductors and gas turbines. The agency has determined Gallium Oxide and diamond, Electronic Computer-Aided Design (ECAD) software specially designed for the development of … Continue Reading

A New Look at US Sanctions and Practical Guidelines for Compliance (Encore presentation on the West Coast) – September 29, 2022

Join us in person at the Embassy Suites Santa Clara – Silicon Valley on September 29 to hear from this select panel of high-level government and industry policy leaders who will explore emerging sanctions and embargoes compliance trends in 2022 and beyond to include: BIS/OFAC Panel on Advancing U.S. Foreign Policy and National Security through … Continue Reading

A New Look at US Sanctions and Practical Guidelines for Compliance – September 26, 2022

Join us in person at the Schar School of Policy and Government at the George Mason University Arlington Campus on September 26 to hear from this select panel of high-level government and industry policy leaders who will explore emerging sanctions and embargoes compliance trends in 2022 and beyond to include: BIS/OFAC Panel on Advancing U.S. … Continue Reading

US Export Controls Workshops in the UK – June 27-29, 2022

For the past 14 years, we have jointly hosted a successful annual workshop series on US export controls regulations with EGADD. In celebration of its 15th anniversary, this June’s workshop will also be organized in close partnership with BAE Systems, a major, multinational company that has considerable practical experience in dealing with the challenges arising … Continue Reading

US ITAR Export Control Workshop in the UK – September 20-22, 2021

For the past 13 years, we have jointly hosted a successful annual workshop series on US export controls regulations with EGADD. In celebration of its 14th anniversary, this September’s workshop will take place immediately after DSEI 2021. This year’s event will also be organized in close partnership with BAE Systems, a major, multinational company that … Continue Reading

Talk to the Experts: Multi-country M&A Is Getting More Complex: Evolving FDI Regimes Across the UK, France, Germany, Italy and the US

International M&A practitioners are used to dealing with CFIUS for any transaction involving assets in the US. The Europeans M&A practitioners are, however, catching up, and many multijurisdictional deals will now face clearance in a number of countries. The latest addition to the list, the UK National Security and Investment Bill, is broad in scope … Continue Reading

New Restrictions on Military-Intelligence End Use and End User

On January 15, 2021, the US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule imposing new restrictions requiring licenses for certain transactions involving “military-intelligence end uses” or “military-intelligence end users” in China, Russia, Venezuela or a country listed in Country Group E:1 or E:2. It is important to note … Continue Reading

Transatlantic Trade Week in Rewind (Week of February 1, 2021)

In the week of February 1, 2021, here are key developments in transatlantic trade: The EU’s COVID-19 vaccine export control mechanism is unable to escape ongoing criticism and a proposal was raised that would invoke Article 16 of the Northern Ireland Protocol, increasing UK-EU tension Lawmakers in the US attempt to move the “American Rescue … Continue Reading

US Government Contractors Beware: Evolving Buy American Requirements Signal Complex Future Legal Landscape

** UPDATE: On February 5, 2020, the FAR Council “corrected” the effective date of the Final Rule from January 21, 2021, to January 19, 2021. This alert has been updated accordingly. ** Recent modifications to regulations and federal government acquisition policies portend big change for contractors across the US, and their suppliers around the world. … Continue Reading
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