The Commerce Department’s Bureau of Industry and Security has signaled a change to the way it would refer to “emerging and foundational technologies,” noting that “distinctions between those categories are not often readily apparent.” Details and the new term-of-art inside.
The DoD has its own non-notified team prowling for transactions
We asked Tyler McGaughey, who was previously responsible for managing the day-to-day operations of Treasury’s CFIUS team, to give us his “top ten takeaways” from the latest ACI CFIUS conference. Among his insights: The DoD is actively searching for non‑notified transactions.
Commerce Dept. seeks input on supply chain resiliency, security
As we reported last year, the U.S.-EU Trade and Technology Council is working to coordinate approaches to global trade matters, including investment screening. The Bureau of Industry and Security is now seeking input to inform that work. Details, context, contacts, and action items are inside.
Behind the scenes in the ICON-PDSTI dispute; lessons on CFIUS
This week, we sit down with Judith Alison Lee, a parter at Gibson Dunn who represented Shanghai Pudong Science and Technology Investment Co. in their deal with ICON Aircraft. The deal just got the thumbs-up from CFIUS, and Lee takes us backstage, offering lessons along the way.
New BIS controls added for biotech software; could trigger CFIUS filing
Last week, the Bureau of Industry and Security at Commerce published a final rule that included new controls on certain biotech software. Details on the new rule, how it could trigger mandatory CFIUS filings, and what companies should expect, are inside.
Commerce Dept. implements controls on emerging technologies
As anticipated, the Bureau of Industry and Security at Commerce issued its final rule regarding multilateral controls on emerging technologies. The U.S. and other nations had agreed to implement these controls last year. Details, the final rule, contacts and more are inside.
“Foundational technologies” at heart of Commerce Dept. proposal
The Bureau of Industry and Security has published a proposal on the definition of “foundational technology.” The definition will impact CFIUS, as these foundational items also qualify as “critical technologies” under FIRRMA. Details, full text, action items, and contacts are inside.
Defining “TID”: Infrastructure, tech and personal data
Inside, we provide details what types of businesses touch critical technology, infrastructure, or sensitive personal data.