National Security Counsel
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The “Foreign Adversary Communications Transparency Act” (FACT Act), introduced by Congresswoman Elise Stefanik (R-NY), would require the Federal Communications Commission (FCC) to publish a list of every entity that both holds an FCC license or authorization.
On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and supercomputer industries.
Well, the Bureau of Industry and Security (BIS) waited until the summer was over, but timing may be the best part of the new export controls on Russia and Belarus (the “Rule”). Understanding the new Rule and how the old regulations have been amended is a bear.
The Secure and Trusted Communications Networks Act requires the Commission to publish and maintain a list of communications equipment and services that pose an unacceptable risk to national security or the security and safety of US persons The FCC added equipment and services from three entities.
Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have given rise to significant legislative developments this year.
US Government agencies have announced concurrent reviews of the Section 301 and Section 232 tariffs, which may result in changes to the current tariff rates and product lists in the coming months. At the end of this report is a chart specifying the periods and deadlines this spring and summer.
On May 8, 2022 (aka Mother’s Day), the Biden Administration announced yet another series of export controls and sanctions measures intended to ratchet up the costs on Russia’s economy and limit its ability to continue its war in Ukraine.
On Friday, April 8, 2022, the US Government added two more weapons to its artillery of actions against Russia and Belarus.
On Wednesday, April 6, 2022, the U.S. Government, in concert with the G7 and European Union, took significant additional sanctions actions against Russia “to impose severe and immediate economic costs on the Putin regime for its atrocities in Ukraine, including in Bucha.”
Last week, the House Permanent Select Committee on Intelligence (HPSCI) and the Senate Select Committee on Intelligence (SSCI) each held a hearing on the US Intelligence Community’s (IC) 2022 Annual Threat Assessment, a mandatory annual report prepared by the various US intelligence agencies.
On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian Federation Aggression.
In a coordinated effort, on March 2, 2022, the White House announced another round of broad trade controls and sanctions against Russia and now Belarus in response to Russia’s military invasion of Ukraine.
On February 25 and 28, 2022, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued its fifth and sixth actions against Russia.
Our National Security team has an overview of the new US export controls on Russia and the new US sanctions on Russia and Belarus.
Inter-Agency Spectrum Coordination Initiative will assist frequency requests of defense contractors in support of military priorities
Responding to the Russian announcement recognizing the independence of the so-called Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR) regions of Ukraine, President Biden signed Executive Order 14065 (the EO) on February 21, 2022, which went into effect immediately.
An overhaul of the Harmonized Tariff Schedule of the United States (HTSUS) will occur in early 2022 to align with the World Customs Organization (WCO) Harmonized Commodity Description and Coding System (HS) updates scheduled to take effect on January 1, 2022.
On November 17, 2021, the Department of Defense (DoD) published an advanced notice of proposed rulemaking in connection with announced changes to the Cybersecurity Maturity Model Certification (CMMC) for the defense industrial base, styled “CMMC 2.0.”
The Department of Justice recently announced a new initiative that aims to hold government contractors accountable when they fail to meet required cybersecurity standards.
On October 7, 2021, Governor Newsom signed the Silenced No More Act (SB-331), which expands existing restrictions on the use of non-disclosure agreements (NDAs) in settlement agreements based on claims of workplace discrimination, harassment, or retaliation.
On October 13, 2021, the EEOC once again issued updated FAQs concerning the application of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act, among others, to issues arising out of the COVID-19 pandemic.
In late September, the Biden Administration took a variety of actions to address the ongoing global semiconductor shortage and the various supply chain disruptions caused by the COVID-19 pandemic.
On September 2, 2021, OFAC published an update to their October 2020 Ransomware Advisory. We reported on the original Ransomware Advisory in our alert on October 8, 2020, OFAC’s New Ransomware Advisory.
On September 7, 2021, three former U.S. Intelligence Community and military personnel (Defendants) entered into a Deferred Prosecution Agreement (DPA) with the U.S. Attorney’s Office for the District of Columbia and the U.S. Department of Justice, National Security Division.
Certain foreign entrepreneurs can now enter the US under the re-launched International Entrepreneur Rule to pursue and build new business opportunities in the United States.