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CFIUS Formalizes Its Enforcement and Penalty Process

USA - October 27 2022 On October 20, 2022, the Committee on Foreign Investment in the U.S. (CFIUS) adopted long-awaited CFIUS Enforcement and Penalty Guidelines (the…

Caroline E Brown, Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro, Nimrah Najeeb

New U.S. Restrictions on Transfers to China for Semiconductor and Advanced Computing Uses

China, USA - October 14 2022 Two new rules announced by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) strive to severely inhibit China’s progress in…

Kelsey Clinton, Maria Alejandra (Jana) del-Cerro, Jeremy Iloulian, Chandler S. Leonard, Jeffrey L. Snyder

Biden Administration Announces Presidential Directive on Sharpening Foreign Investment Screening by CFIUS

USA - September 16 2022 On September 15, 2022, the Biden Administration issued a new Executive Order (“EO”) and accompanying Fact Sheet, designed to sharpen the current U.S…

Caroline E Brown, Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro, Jeremy Iloulian, Nimrah Najeeb

Administration Makes Good on Promise to Increase Domestic Content Requirements under the Buy American Act

USA - March 11 2022 On March 7, 2022, the FAR Council published a Final Rule implementing further revisions to the Buy American Act (BAA), as contemplated by President…

Adelicia R. Cliffe, William B. O'Reilly

Software License Alone Does Not Provide CDA Jurisdiction at CBCA

USA - January 26 2022 In Avue Technologies Corp. v. HHS & GSA, CBCA 6360, 6627 (January 14, 2022), the Civilian Board of Contract Appeals dismissed an appeal alleging…

Jonathan M. Baker, Christopher D. Garcia, John E. McCarthy Jr., Stephen J. McBrady, John Nakoneczny, Nicole Owren-Wiest