Addie Cliffe

Latest Articles

Administration Moves to Complete FIRRMA Implementation by the February 13, 2020 Statutory Deadline

By Alan W. H. Gourley, Addie Cliffe & Robert Holleyman

September 18, 2019

The Department of the Treasury has released the long-awaited proposed rules that would complete implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 that expanded the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review investments by foreign persons. One proposed rule will revise and restate the general CFIUS regulations, 31 C.F.R. Part 800, while the second proposed rule will provide a separate process, 31 C.F.R. Part…

International Trade Law

Under the Wire: FAR Council Announces Interim Rule to Implement NDAA Procurement Ban on Huawei and Other Chinese Telecommunications Equipment

By Addie Cliffe, Alan W. H. Gourley, Paul Freeman, Kate M. Growley, CIPP/G, CIPP/US & Michael G. Gruden, CIPP/G

August 13, 2019

On August 13, 2019, the FAR Council will publish in the Federal Register an interim rule, FAR Subpart 4.21, effective immediately, which implements a portion of section 889 of the FY 2019 National Defense Authorization Act, specifically, the ban on government procurement of any equipment, system or service that uses covered telecommunications equipment or services from certain Chinese companies. The interim rule defines covered telecommunications equipment and services to include any telecommunications equipment or…

International Trade Law

New Executive Order on IT Supply Chain Takes Aim at Huawei and Others, Poses Significant Implications for Government Contract Supply Chains

By Paul Freeman, Addie Cliffe, Peter J. Eyre, Kate M. Growley, CIPP/G, CIPP/US & Evan D. Wolff

May 16, 2019

On May 15, 2019, President Trump executed a new Executive Order (EO) likely to inject increased levels of scrutiny and uncertainty throughout the vast and interconnected web of government contract supply chains. The new EO, entitled “Securing the Information and Communications Technology and Services Supply Chain,” comes during a period of escalating trade tensions with China and following a breakdown of trade talks earlier in the week. The EO sets the stage for restricting…

International Trade Law

European Commission announces new framework for foreign direct investment screening

By Robert Holleyman, Addie Cliffe & Evan Yu

November 21, 2018

On Tuesday, November 20, the European Commission announced a political agreement with EU member states on a new framework for foreign direct investment (FDI) screening. The legal text for the framework still needs to be finalized and released. The announcement can be found here. According to the Commission, the new framework will provide a mechanism for the Commission and EU member states to request information and raise concerns related to FDI screening, without restricting…

International Trade Law

Identifying and Defining “Emerging Technologies” Subject to Control for Export and Foreign Investment

By Alan W. H. Gourley, Addie Cliffe & Jana del-Cerro

November 19, 2018

On November 19, 2018, the Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) seeking comments on implementation of Section 1758 of the Export Control Reform Act of 2018. This section requires Commerce, in consultation with DoD and other CFIUS member agencies, to define “emerging technologies” sufficiently significant to U.S. national security interests to impose some level of export controls over the technology and potentially to trigger mandatory declarations of…

International Trade Law

Treasury CFIUS Pilot Program Overlaps with Made in China 2025 Sectors

By Robert Holleyman, Alan W. H. Gourley, Addie Cliffe, Evan Yu & Jing Jing Zhang

November 8, 2018

On October 10, Treasury announced interim regulations to implement certain provisions of the Foreign Investment Review Modernization Act (FIRRMA), which President Trump signed into law on August 13, 2018. As part of that announcement, Treasury will initiate a pilot program imposing mandatory declarations on transactions involving certain sensitive sectors. That pilot program is due to go into effect on November 10, 2018 and will cover 27 “pilot program industries.” One of the questions for analysis…

International Trade Law

U.S. National Security Review of Foreign Investment: Revisions to CFIUS Legislation Signed Into Law

By Addie Cliffe, Alan W. H. Gourley, Philip B. Rosen & Jana del-Cerro

August 21, 2018

On August 13, 2018, the President signed the National Defense Authorization Act for Fiscal Year 2019 which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) updating national security reviews performed by the Committee on Foreign Investment in the United States (CFIUS). Some FIRRMA provisions are effective immediately, but the effective date of others requires formal rulemaking to be completed within the next 18 months. Included in the provisions effective immediately is a…

International Trade Law

Plugging the “Gaps” on Transfers of U.S. Sensitive Emerging Technology: Dual-Use Export Control Statutory Authority Becomes Law

By Alan W. H. Gourley, Addie Cliffe, Jana del-Cerro & Chris Monahan

August 16, 2018

The Export Control Reform Act of 2018, included within the National Defense Authorization Act (NDAA) for Fiscal Year 2019, became law on August 13, 2018, and provides “modern” and permanent statutory authority for the U.S. Export Administration regulations (EAR), which control the export, re-export, and transfer of U.S. origin “dual-use” items. As a result of the effort to strengthen control over foreign investment in the United States (contained in a companion statute within the NDAA),…

International Trade Law

Great Again – Making it in the USA Just Got Easier

By Alan W. H. Gourley, Addie Cliffe & Lorraine M. Campos

July 19, 2018

On July 16, 2018, the Court of Federal Claims released a far-reaching decision in Acetris Health, LLC v. United States, concluding that a drug could qualify as a “U.S.-made end product” under the Trade Agreements clause, FAR 52.225-5, despite a Customs and Border Protection (CBP) ruling under the Trade Agreements Act (TAA), that the drug had not been “substantially transformed” in the United States, the usual test for whether a product from a…

International Trade Law

“America First” Moves to Export Controls: New Bill Introduced in House

By Alan W. H. Gourley, Addie Cliffe & Jana del-Cerro

March 13, 2018

On February 15, 2018, Representative Ed Royce, Chairman of the House Foreign Affairs Committee, introduced new legislation intended to “modernize U.S. export control regulations of dual-use items.” In spite of its title, the Export Control Reform Act of 2018 (H.R. 5040) does little to further the original goals of the Export Control Reform initiative and appears more squarely focused on using the Export Administration Regulations to prevent U.S. adversaries — principally the PRC — from…

Addie Cliffe

Administration Moves to Complete FIRRMA Implementation by the February 13, 2020 Statutory Deadline

Under the Wire: FAR Council Announces Interim Rule to Implement NDAA Procurement Ban on Huawei and Other Chinese Telecommunications Equipment

New Executive Order on IT Supply Chain Takes Aim at Huawei and Others, Poses Significant Implications for Government Contract Supply Chains

European Commission announces new framework for foreign direct investment screening

Identifying and Defining “Emerging Technologies” Subject to Control for Export and Foreign Investment

Treasury CFIUS Pilot Program Overlaps with Made in China 2025 Sectors

U.S. National Security Review of Foreign Investment: Revisions to CFIUS Legislation Signed Into Law

Plugging the “Gaps” on Transfers of U.S. Sensitive Emerging Technology: Dual-Use Export Control Statutory Authority Becomes Law

Great Again – Making it in the USA Just Got Easier

“America First” Moves to Export Controls: New Bill Introduced in House

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