On September 15, 2022, President Biden issued an executive order (the “Order”) to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States (“CFIUS”) uses to evaluate whether a foreign investment provides a risk to US national security. The Order1 is the first executive order to
Timothy J. Keeler
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US Commerce Issues Rules for Review of ICTS Transactions for National Security Threats
On January 19, 2021, the US Department of Commerce (“Commerce”) issued a long-awaited interim final rule (“Interim Final Rule”),1 which would enable Commerce to prohibit or otherwise restrict transactions involving the information and communication technology and services (“ICTS”) supply chain, including both hardware and software, that have a nexus to certain designated “foreign adversaries,”…
Technology, Investment and Security: The Modernization of CFIUS – What Does it Mean for the Global Investor?
By Timothy J. Keeler, Mickey Leibner & Mark Uhrynuk on
On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act, or FIRRMA, legislation designed to enhance US national security and protect US technological achievements and superiority.
FIRRMA contains a number of provisions that modify the scope and responsibilities of the Committee on Foreign Investment in the United States, or…
Trans-Pacific Partnership Takes On E-Commerce, Cybersecurity and Encryption
By Rajesh De & Timothy J. Keeler on
The Trans-Pacific Partnership trade agreement (TPP) was signed on February 4, 2016. The TPP concerns a wide range of issues and has been negotiated over several years by the United States and 11 Pacific Rim trading partners (collectively, the Parties). Signing the agreement is not ratification. Rather, it triggers the process by which the TPP…