On June 9, 2021, President Biden signed an Executive Order (“EO”) revoking Trump’s orders on TikTok and WeChat. In their stead, President Biden’s EO subjects software applications controlled or owned by “foreign adversaries” (i.e., China, Cuba, Iran, North Korea, Russia, and Nicolas Maduro) to a review process led by the Commerce Department to evaluate whether an app presents U.S. national security concerns. This EO fits within the broader confrontation between the United States and China when it comes to emerging technologies, sensitive personal data, and the threats we see from cyberattacks that exploit vulnerabilities in U.S. IT systems.
Continue Reading Beyond TikTok and WeChat: How Biden’s New EO Could Impact Foreign-Owned Apps

Last week, on June 3, 2021, President Biden issued an Executive Order (“E.O.”) prohibiting U.S. investments in designated Chinese companies deemed to undermine “the security or democratic values of the United States and [its] allies” (see here). The E.O. is the most recent in a long list of foreign policy actions seeking to put pressure on China using economic tools to curtail China’s surveillance and intelligence activities against the United States. The E.O. amends and supersedes Trump’s Executive Order 13959 (“E.O. 13959”), as amended by Executive Order 13974 (“E.O. 13974”), which similarly prohibited U.S. persons from engaging in certain transactions with companies placed on the Defense Department’s Chinese Communist Military Companies (“CCMC”) list. The E.O. contains a new list, the “Chinese-Military Industrial Companies” (“CMIC”), that replaces the CCMC for purposes of prohibiting certain transactions by U.S. persons. The new CMIC list includes many of the previously-designated companies on the CCMC list, including, for example, Huawei and Hikvision. While previous prohibitions on these companies focused on export restrictions, the U.S. government is tightening the avenues for U.S. companies to safely conduct business with many Chinese behemoths. For U.S. companies that deal regularly with China, it would make sense to think more broadly about those business relationships as companies develop their strategic plans.
Continue Reading President Biden Issues a New…ish Ban on Certain Chinese Investments

A new framework for foreign direct investments in the United Kingdom

Takeaways

  • The United Kingdom Government has adopted a CFIUS-style National Security and Investment Act (“the Act”).
  • The new law takes effect in later in 2021, but UK Government may look back at deals from November 2020 onward.
  • The Act is considered one of the most far-reaching systems in the world, carrying civil and criminal penalties for a failure to notify.
  • A notifiable acquisition completed without the approval of the Secretary of State is void (of no legal effect).
  • The UK Government has stated that it will work closely with investors to help ease the market into the new framework of investment rules.


Continue Reading CFIUK Comes to Life: The National Security and Investment Act 2021

In August 2020, we wrote a blog post about the adoption by the European Commission (“Commission”) of a White Paper on Foreign Subsidies. On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies distorting the internal market after an extensive consultation process with stakeholders. This post updates our previous entry and considers the implications of the newly proposed regulation.
Continue Reading The European Commission Adopts a Proposal for a Regulation on Foreign Subsidies Distorting the Internal Market

On May 10, 2021, the EU adopted its new, revised version of Regulation (EC) No 428/2009 (the “Regulation”).  It is widely acknowledged to be the first major reform to the structure of the EU’s export control regime since 2009.

The text of the Regulation was approved by the European Parliament on March 26, 2021. In November 2020, the Council and European Parliament representatives reached a provisional political agreement on the Regulation. The reform of EU export controls had initially been proposed by the European Commission in September 2016.
Continue Reading A New Era of Export Controls Begins in the EU: The Revised EU Dual-Use Export Controls to Promote Human Rights