Topic Archives: National Security

January 17, 2020 – National 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, 2019 – National 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, 2019 – National 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, 2019 – National 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, 2019 – National 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, 2019 – National 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, 2019 – Federal 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 ...›

Federal Procurement
May 22, 2018 – M&A, National Security

MoFo Associate Charles Capito Moderating ABA PCLS M&A Committee Panel

On June 6, 2018, Morrison & Foerster Government Contracts Associate Charles Capito is moderating an ABA Section of Public Contract Law panel discussion titled “FOCI and CFIUS Issues in Government Contracts M&A.” Panelists include Jay Fraude, General Counsel, Defense Security Service; Damara Chambers, Of Counsel, Covington & Burling; and Farhad Jalinous, Partner, White & Case. ...›

Federal Procurement
April 17, 2018 – Domestic Preferences, Export Controls & Sanctions, Federal Procurement, National Security, Schedule Contracting

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance.  The orders, signed March 8, 2018, impose a 25 percent tariff on imported steel and a 10 percent tariff on imported aluminum, with exemptions for imports ...›