On November 11, 2020, the UK government announced a new NSI regime. Under the new regime, certain direct foreign investments in the UK will require mandatory notification to, and prior approval by, the Department for Business, Energy & Industrial Strategy (BEIS) before completion.… Continue Reading
On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … Continue Reading
On August 6, 2020, President Donald Trump signed two Executive Orders (EOs) targeting the TikTok and WeChat applications and their parent companies. Specifically, President Trump invoked the International Emergency Economic Powers Act (IEEPA) and other related statutes, as well as the national emergency he previously declared under these laws in Executive Order 13873 (Securing the … Continue Reading
On Tuesday, August 11, U.S. Customs and Border Protection (“CBP”) is scheduled to publish a notice in the Federal Register that could end the ability of manufacturers based in the Hong Kong Special Administrative Region (“Hong Kong”) of the People’s Republic of China (“China”) to avoid the tariffs imposed on Chinese products by the Trump … Continue Reading
The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration has published an interim final rule implementing section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232, the 2019 NDAA).¹ ² This interim final rule is effective August 13, 2020 and interested … Continue Reading
Notable Developments The United States House of Representatives and Senate have released text of their versions of the FY2021 National Defense Authorization Act (H.R. 6395 and S. 4049, respectively). The Huawei-related provisions are summarized below. House Huawei provisions: Sense of Congress affirming Section 889 of the FY19 NDAA, which concerns federal procurement of Huawei equipment, … Continue Reading
Here is your opportunity to be part of the biggest trade compliance conference of the year from the comfort and safety of wherever you might be. Streaming live from Washington DC and London on July 23 and 24, Content Enablers has convened a select panel of high-level government and industry policy leaders – featuring Matt … Continue Reading
On June 18, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register, a new interim final rule that amends the Export Administration Regulations (EAR) (15 CFR Parts 730-774) by excluding from the additional licensing requirements imposed by the designations of Huawei organization on the Entity List releases … Continue Reading
New rules went into effect on February 13, 2020, that implemented the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), expanding the authority of the Committee on Foreign Investment in the United States (CFIUS), the US agency that reviews foreign investments in the US for potential national security concerns. The new rules include CFIUS … Continue Reading
On Friday, May 29, President Trump announced several actions related to China and Hong Kong. The President’s delivered remarks and what was left unsaid were equally instructive. While we are still waiting on details for some of these actions, below is an overview of the President’s announcement.… Continue Reading
On May 26, 2020, the US Department of Commerce Bureau of Industry and Security (BIS) announced that it would accept comments from the public on the Section 232 exclusion process, including regarding factors considered by agency officials when rendering decisions on exclusion petitions, the efficiency and transparency of the current process, and potential revisions to … Continue Reading
The security of the bulk-power system has long been an issue of deep concern in the US. On May 1, 2020, President Trump issued an Executive Order (EO) on Securing the United States Bulk-Power System. The EO created uncertainty and peril for US power companies.… Continue Reading
On 29 April 2020, the French Treasury announced additional emergency measures undertaken to strengthen its national foreign direct investment (FDI) screening mechanism.… Continue Reading
On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) by removing License Exception Civil End Users (CIV) (§ 740.5), which authorized the unlicensed export, reexport, and transfer (in-country) of … Continue Reading
The EU’s trade commissioner had urged member states to ramp up screening levels of foreign direct investment (FDI) in order to prevent predatory takeovers of key businesses during the coronavirus pandemic.… Continue Reading
Countries around the world continue to enact policies aimed at mitigating the spread of COVID-19 that both recognize the importance of trade to their respective economies, but also seek to address domestic demand for key goods – especially medical supplies – related to the crisis. Similarly, some recent government policies around the world have shifted … Continue Reading
On March 25, 2020, the European Commission published a Guidance addressed to Member States on the application of foreign direct investment (FDI) Screening Regulation 2019/452 in the EU and restrictions on free movement of capital from third countries. The Guidance relates to the Coronavirus Disease 2019 (COVID-19) pandemic. … Continue Reading
Protection of the Defense Industrial Base (DIB) from the growing panoply of cybersecurity threats has been a consistent point of emphasis for senior Department of Defense (DOD) officials during the Trump Administration. The DOD took a significant step toward addressing that concern on January 31, 2020 with the release of Version 1.0 of the Cybersecurity … Continue Reading
Discussed in this post: Decree n°2019-1590 of 31 December 2019 relating to foreign investments in France Order of December 31, 2019 relating to foreign investments in France… Continue Reading
