Perspectives on National Security

On October 30, 2023, President Biden issued an expansive Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), aiming to establish standards for AI technology to address related potential benefits and risks.

Every year, thousands of applications are filed with the Federal Communications Commission (FCC) by defense contractors and equipment manufacturers seeking approval for experimental wireless operations in support of National Security objectives.

Every year, thousands of applications are filed with the Federal Communications Commission (FCC) by defense contractors and equipment manufacturers seeking approval for experimental wireless operations in support of National Security objectives.

Just in case you were starting to get comfortable with last year’s massive raft of regulations on the advanced computing, supercomputer, and semiconductor industries in China, the US Department of Commerce, Bureau of Industry and Security (BIS) has dropped another 400-something pages.

During the G7 meeting in Japan on May 19, 2023, the US Department of Commerce’s Bureau of Industry and Security (BIS) published two new rules aimed at further restricting Russia’s ability to obtain items needed to support its war efforts against Ukraine.

On Friday, February 24, 2023, on the one-year anniversary of Russia’s further invasion into Ukraine, President Biden, the Office of the US Trade Representative (USTR) and the US Department of Commerce, Bureau of Industry and Security (BIS) imposed duties relating to Russia.

On Friday, February 24, the one-year anniversary of Russia’s further invasion into Ukraine, President Biden, the Office of Foreign Assets Control (OFAC), the US Department of State, and the US Department of Commerce, Bureau of Industry and Security (BIS) imposed new sanctions.

Americans woke up on Wednesday, November 9, immediately realizing something was different. On their televisions and other devices, they only saw commercials for products, vacation spots, and reality shows.

On October 28, 2022, the US Department of Commerce, Bureau of Industry (BIS) issued FAQs on the new semiconductor regulations. The FAQs are short and relatively clear (thank you!) even if they were released on a Friday afternoon.

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.

Knowing who owns legal entities is essential to stopping terrorism, money laundering, and other sophisticated criminal enterprises. For entities formed in the United States there has never been a requirement to disclose ownership. But that’s about to change.

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.

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.  

Former US Senator and ArentFox Schiff Counsel, Doug Jones, will deliver a keynote at Democracy’s Last Line of Defense for The National Judicial College.

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. 

Directors owe fiduciary duties to the company. To make informed decisions and satisfy those fiduciary duties, directors generally have broad access to the company’s books and records, with a few exceptions.

Headlines that Matter for Companies and Executives in Regulated Industries

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.

Join ArentFox Schiff’s Matthew Tuchband and Marwa Hassoun as they discuss new Russian sanctions and export controls.

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.