National Security and International Trade Update – Page 2 – Key developments at the intersection of security and commerce.

Trump Administration Directs CFIUS to Tighten Restrictions on Investment From Certain Countries While Easing National Security Reviews of Investments From Allies and Partners

Mar 04 2025

By: Guillermo S. Christensen, Steven F. Hill, Brian J. Hopkins, Dave R. Allman, Nate B. Bolin, and Jeffrey Orenstein

On 21 February 2025, President Donald J. Trump issued the America First Investment Policy, directing the Committee on Foreign Investment in the United States (CFIUS) to adjust its approach to foreign investments. This policy aims to facilitate investments from allied nations while imposing stricter reviews on investments from adversarial countries, particularly China.

EU Sanctions—Article 8a “Best Efforts” Explained

Feb 04 2025

By: Michael E. Ruck and Petr Bartoš

On 24 June 2024, the European Union (EU) implemented its 14th package of sanctions against Russia to combat its continued aggression against Ukraine. A notable addition was made to Article 8a of Council Regulation (EU) No 833/2014, which introduced the requirement that EU operators “undertake their best efforts to ensure that any legal person, entity or body established outside the Union that they own or control does not participate in activities that undermine the restrictive measures provided for in [the] Regulation.” A similar clause has also been included in the Belarus sanctions framework.

New Executive Order Bolsters the Nation’s Cyber Defenses

Jan 17 2025

By: Sheila Armstrong, Corey Bieber, Guillermo Christensen, Brian Hopkins, and J.D. Koesters

In a significant move to bolster the United States’ cybersecurity framework, President Biden issued an executive order (EO) on 16 January 2025 titled “Strengthening and Promoting Innovation in the Nation’s Cybersecurity” days before leaving the White House. This comprehensive directive outlines measures designed to enhance the security of federal systems, improve transparency in third-party software supply chains, and leverage emerging technologies to fortify cyber defenses.

New US Sanctions Target Russia’s Energy Sector

Jan 13 2025

By: Nate Bolin, Jeffrey Orenstein, Myeong Park, and Brian Hopkins

On 10 January 2025, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a package of new sanctions targeting Russia’s energy sector. In an effort to curtail Russia’s oil revenue and ability to evade US sanctions, OFAC issued: (1) a Determination authorizing sanctions on parties operating in Russia’s energy sector; (2) a Determination banning US petroleum services to Russia; and (3) blocking sanctions against oil and gas majors, vessels in the so-called “shadow fleet,” certain traders of Russian oil, Russian maritime insurers, and Russian oilfield service providers.

Preparing for New Trump Tariffs: 10 Approaches

Jan 13 2025

By: Jeffrey Orenstein, Karla Cure, and Brian Hopkins

Here are 10 ways to avoid, mitigate, or delay the costs of new tariffs that President-elect Trump has promised for countries like China, Canada, and Mexico:

Final Rule on Outbound Investments: Implications for Limited Partner Investments

Dec 09 2024

By: Steven F. Hill, Nathaniel B. Bolin, and Myeong S. Park

Introduction

On 28 October 2024, the US Treasury Department issued a Final Rule implementing the Outbound Investment Program (OIP) under Executive Order 14105, which safeguards US national security by limiting investments by US persons in key technologies in “countries of concern,” specifically China including Hong Kong and Macau. Effective 2 January 2025, the OIP targets outbound investments in Semiconductors and Microelectronics, Quantum Information Technologies, and Artificial Intelligence by prohibiting certain transactions and permitting other transactions subject to a notification requirement (together, “covered transactions”).

Trump Signals First-Day Tariff Hikes Targeting China, Canada, and Mexico

Nov 26 2024

By: Nate Bolin, Dave Allman, and Brian Hopkins

On 25 November, President-Elect Donald Trump announced plans to impose substantial tariffs on goods from China, Mexico, and Canada through executive action, signaling a return to his aggressive trade policies. If implemented, these measures could have significant implications for businesses reliant on international supply chains.

Top Tips for Sanctions Compliance and Preventing Sanctions Evasion

Nov 18 2024

By: Michael Ruck, Petr Bartoš, and Helen Phizackerley

On 24 September 2024, the G7 released updated guidance on the prevention of evasion of export controls and sanctions imposed on Russia.

This blog provides an overview of the guidance and the firm’s top tips for sanctions compliance and preventing sanctions evasion:

UK Office of Trade Sanctions Implementation New Enforcement Powers and Increased Reporting Obligations

Nov 18 2024

By: Michael Ruck, Petr Bartoš, Rosie Naylor, and Helen Phizackerley

The new Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (the Regulations), came into force on 10 October 2024.

Under the Regulations, the Office of Trade Sanctions Implementation (OTSI) will have new powers to investigate alleged breaches of trade sanctions and to take enforcement action in relation to:

AI National Security Memorandum Scopes Key Priorities

Nov 18 2024

By: Corey Bieber, Guillermo Christensen, Brian Hopkins

On 24 October 2024, the Biden Administration issued a National Security Memorandum on Advancing the United States’ Leadership in Artificial Intelligence; Harnessing Artificial Intelligence to Fulfill National Security Objectives; and Fostering the Safety, Security, and Trustworthiness of Artificial Intelligence (NSM), underscoring the United States’ commitment to leading globally in the responsible development, application, and regulation of artificial intelligence (AI). The Administration’s 30 October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence led to the creation of the NSM, which was a key deliverable.