Tag Archives: national security

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

Department of Commerce Takes Action Against Avnet Asia for Involvement in Illegally Transshipping Sensitive U.S. Commodities to China and Iran

On January 29, 2021, Department of Commerce’s Bureau of Industry and Security (BIS) announced an Administrative Settlement of $3.2 million (partially suspended) with Singapore-based Avnet Asia Pte. Ltd. (Avnet Asia), a global distributor of electronic components and related software.… Continue Reading

Trump Flexes Executive Muscle to Address Chinese Military Threat

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

Section 889(a)(1)(B) of the 2019 NDAA: Interim Final Rule Prohibiting Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment

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

Considerations for Post-COVID-19 Trade in the World of New Normal

The corona pandemic, the ongoing Brexit and the emerging dominance of China in global markets are among the issues that pose multifaceted challenges for international trade relations. At a time when new Free Trade Agreements are being negotiated, we would like to examine how international trade can be shaped in the “World of New Normal” … Continue Reading

US Needs to Participate and Lead 5G Standards-setting; Huawei Gets a Pass

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

Join Us on May 28, 2020: The Future of US-UK Trade — Who Will Come Out a Winner?

“We are going to win so much” is a staple soundbite from President Donald Trump, and also representative of his administration’s approach to international negotiations. President Trump favors bilateral trade deals and has been optimistically touting the US as the UK’s first FTA partner after Brexit. From the UK’s perspective, Prime Minister Boris Johnson also … Continue Reading

CFIUS Clearance: Brookfield Infrastructure Partners, Brookfield Asset Management, GIC Pte, and Genesee & Wyoming

Status:  Clearance Acquirer:  Brookfield Infrastructure Partners, L.P. (Bermuda); Brookfield Asset Management Inc. (Canada); GIC Pte. Ltd. (Singapore) Acquired:  Genesee & Wyoming Inc. (US) Value:  Approximately US$8.4 Billion Industry:  Transportation… Continue Reading
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