Topic Archives: National Security

July 20, 2020National Security

Sharp Edges in Export Controls: The Risk Areas for Government Contractors (Morrison & Foerster’s Remote Learning Series Session #4)

Please join us for the fourth session in our monthly series covering the latest in government contracting, explaining the “why” and “how” of a particular legal problem, and lessons available from recent case decisions that inform how to navigate it. Register here.  In this session, Charles Capito and Aki Bayz will provide an overview of ...›

Federal Procurement
July 15, 2020National Security

Interim Rule Issued to Implement 2019 NDAA Prohibition on the Use of Covered Telecommunication and Video Surveillance Equipment or Services Produced by Certain Chinese Companies

On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act (“NDAA”). The Interim Rule prohibits federal agencies from awarding contracts to or renewing contracts with companies that use telecommunications or surveillance equipment or ...›

January 17, 2020National Security

Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced

The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). As we discussed in previous alerts in this series, the regulations provide long-awaited answers to questions about how Treasury and the other ...›

November 21, 2019National Security

Foreign Investment 2020 (Part 4): Who’s In, Who’s Out, and Why It Matters

This is the fourth in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). One of the most anticipated changes in FIRRMA is the concept of a “white list” of ...›

October 15, 2019National Security

Foreign Investment 2020 (Part 3): CFIUS Spotlight on “TID” U.S. Businesses

This is the third in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA directed the U.S. Department of the Treasury (“Treasury”), as the chair of CFIUS, to issue ...›

October 1, 2019National Security

Foreign Investment 2020 (Part 2): Proposed Regulations Would Expand CFIUS Review of Real Estate Transactions

This is the second in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). One of FIRRMA’s many noteworthy changes was to expand the types of ...›

Federal Procurement
September 25, 2019National Security

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations

After more than a year of anticipation, the U.S. Department of the Treasury has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations follow an initial round of FIRRMA-implementing regulations issued in October 2018, which most notably included the Committee on Foreign Investment in the United States (CFIUS) ...›

Federal Procurement
August 12, 2019National Security

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) implementing the first phase of Section 889 of the FY2019 National Defense ...›

Federal Procurement
January 8, 2019Federal Procurement, National Security

Senate Bill Demonstrates Continued Interest in the Federal Acquisition Supply Chain

For years, United States security agencies have recognized a threat to government information technology systems posed by contractor supply chains. The Government has struggled, however, to balance national security assessments of a contractor’s supply chain (which may include classified or otherwise sensitive information) against policies that favor transparency and competition. In many cases, a potential ...›