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Mar 10, 2025 | 
lexology.com | L. Atkinson |John Carlin |Roberto González |David Kessler |Samuel Kleiner |Nathan Mitchell | +2 more
On February 21, 2025, President Trump issued a national security presidential memorandum (“NSPM”) outlining the America First Investment Policy.[1] The NSPM predominantly focuses on the United States’ two primary national-security regulatory programs for investors: (i) the recently implemented U.S. Outbound Investment Security Program (“OISP”)[2] and (ii) the Committee on Foreign Investment in the United States (“CFIUS”).
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Feb 28, 2025 | 
lexology.com | L. Atkinson |John Carlin |Roberto González |Elizabeth Hanft |David Kessler |Mark F. Mendelsohn | +2 more
In his first month in office, President Trump has issued a series of executive orders and presidential memoranda that have significantly raised certain tariffs and signal that there are significant tariff developments to come.
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Oct 15, 2024 | 
lexology.com | L. Atkinson |Jessica Carey |John Carlin |Roberto González |Brad S. Karp |Loretta Lynch | +7 more
On October 9, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued guidance to financial institutions on “best practices” for compliance with the Export Administration Regulations (“EAR”), including General Prohibition 10.[1] The Guidance appears to mark the first time that BIS has formally indicated that U.S. and non-U.S. financial institutions could be the subject of enforcement actions by BIS for violating the export control regulations directly.
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Oct 2, 2024 | 
lexology.com | L. Atkinson |Jessica Carey |John Carlin |Roberto González |Brad S. Karp |Loretta Lynch | +7 more
The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) recently issued new regulations that will have significant impacts on the compliance obligations of persons subject to U.S. jurisdiction, and particularly financial institutions. First, OFAC issued a Final Rule that describes the types of non-public “tailored actions” it can take.
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Sep 19, 2024 | 
lexology.com | H. Christopher Boehning |Jessica Carey |John Carlin |Andrew J. Ehrlich |Roberto González |Brad S. Karp | +7 more
On August 28, 2024, the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a rule (the “Final Rule”) imposing new anti-money laundering/countering the financing of terrorism (“AML/CFT”) standards on certain investment advisers (“Covered Investment Advisers”).[1] The Final Rule finalizes a draft that FinCEN proposed in its February 2024 Notice of Proposed Rulemaking (“NPRM”), with certain changes as discussed below.[2] Although the Final Rule does not take...
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Aug 7, 2024 | 
lexology.com | L. Atkinson |H. Christopher Boehning |Walter Brown |Jessica Carey |John Carlin |Roberto Finzi | +13 more
On August 1, 2024, the U.S. Department of Justice’s Criminal Division (“DOJ” or “Department”) launched a new Corporate Whistleblower Awards Pilot Program (the “Whistleblower Pilot Program” or the “Pilot Program”).[1]Under the Pilot Program, eligible whistleblowers who provide the Criminal Division with original and truthful information about certain types of corporate misconduct are eligible to receive a portion of a criminal or civil forfeiture exceeding $1 million.
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Jul 11, 2024 | 
lexology.com | L. Atkinson |Jessica Carey |John Carlin |Harris B Freidus |Salvatore Gogliormella |Samuel Kleiner | +3 more
On July 8, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) with respect to certain transactions by foreign persons involving real estate near certain U.S. military installations.[1] A Treasury official stated that update “vastly expands the reach of CFIUS' real estate jurisdiction.”[2] Background In 2018, Congress passed the Foreign...
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Mar 12, 2024 | 
lexology.com | L. Atkinson |Jessica Carey |John Carlin |David C. Fein |Michael E. Gertzman |Roberto González | +10 more
On March 6, the Department of Commerce’s Bureau of Industry and Security (“BIS”), the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), and the Department of Justice (“DOJ”) issued their most recent ”tri-seal” compliance note (the “Compliance Note” or “the Note”).[1]The Compliance Note highlights that U.S. sanctions and export controls apply to non-U.S. persons, both companies and individuals, in a variety of circumstances.
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Mar 7, 2024 | 
lexology.com | L. Atkinson |Jessica Carey |John Carlin |Roberto González |Peter Carey |Richard Elliott | +4 more
In mid-February, the White House Office of Science and Technology Policy (“OSTP”)[1] released a revised list of critical and emerging technologies (“CETs”) that it calls “potentially significant to U.S. national security” (the “CET List”).[2] The CET List does not cause immediate changes to the regulatory regimes administered by U.S. national security agencies, but it does provide notice concerning the types of emerging technologies that are likely to draw attention from these agencies.
