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BIS proposal changes use of “emerging” and “foundational”

BIS proposal changes use of “emerging” and “foundational”

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

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

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

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.

Biden White House updates list of critical and emerging technologies

Biden White House updates list of critical and emerging technologies

Last week, the Biden administration released an updated list of Critical and Emerging Technologies. The list includes 19 areas that are “of particular importance to the national security of the United States.” Details, the full list, its relevance to CFIUS, and more are inside.

Congressional agency wants new approach to emerging technologies

Congressional agency wants new approach to emerging technologies

The U.S.-China Economic and Security Review Commission has published its 2021 report to Congress, and the 44-page document includes recommendations that would impact FIRRMA, CFIUS, export controls, and more. Details and the complete USCC report are inside.

Commerce Dept. implements controls on emerging technologies

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

“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.