Vinson & Elkins hired Damara Chambers, previously at Covington & Burling, as a partner and co-leader of the firm's national security practice, Vinson & Elkins said in a news release. "Chambers focuses her practice on national security reviews conducted by [the Committee on Foreign Investment in the United States] and other agencies, including the Defense Security Service and the Department of Energy in connection with the mitigation of foreign ownership, control or influence (FOCI), and the State Department in connection with reviews pursuant to the International Traffic in Arms Regulations," the firm said.
China’s progress toward its satellite ambitions show the need for stricter export controls, stronger collaboration on those controls with U.S. allies, and more staffing and funding for U.S. enforcement agencies, panelists said during a meeting on U.S. space-related export controls. The discussion, part of a series of panels hosted by the U.S.-China Economic and Security Review Commission on April 25, was billed as a conversation on China’s military-civil fusion. Lorand Laskai, a researcher at the Georgetown Center for Security and Emerging Technology, presented a dire outlook for the state of U.S.-China commercial space competition, saying China poses a major threat to U.S. export controls.
The Department of Justice is drawing closer to completing regulations for the Foreign Investment Risk Review Modernization Act of 2018, Deputy Assistant Attorney General Adam Hickey said, and is “working closely” with the Treasury Department to develop regulations for the “expanded authority” it grants the Committee on Foreign Investment in the United States (CFIUS). Speaking at the National Conference on CFIUS and Team Telecom on April 24, Hickey presented FIRRMA and CFIUS as making the U.S. a more “attractive” alternative for investment than China while criticizing that country’s “foreign ownership restrictions, joint venture requirements” and “vague” approval processes that allow the Chinese government to “pressure [U.S. companies] to transfer their technology as a condition of market access.”
A Republican and a Democratic representative are urging the House Appropriations Subcommittee on Financial Services to fully fund the Committee on Foreign Investment in the United States (CFIUS) in the wake of the president's 2019 budget request. Reps. Denny Heck, D-Wash., and Mike Gallagher, R-Wis., were planning to send a letter to the subcommittee about the critical role played by CFIUS, which was reformed in 2018 when Congress passed the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA expanded the jurisdiction of CFIUS when the committee reviews transactions by foreign entities in the U.S. to determine their effect on national security, according to the Treasury Department. Among many changes, FIRRMA expanded which transactions CFIUS can review and allowed it to undertake lengthier investigations. In their letter, the representatives stressed the importance of granting “dedicated funds” to CFIUS, as the Treasury recommended in its budget request. “Lack of resources would impair how effectively CFIUS can enforce mitigation agreements and its ability to maintain awareness of relevant non-notified transactions,” the letter says.
The Commerce Department's Bureau of Industry and Security would like to increase its funding by about $4 million for export administration (EA), the agency said in its Fiscal Year 2020 budget justification. That new money would be split between "Identifying and Reviewing Emerging Technologies" and "Addressing Increased Foreign Investment Reviews," it said. BIS is asking for funding for 21 new personnel, the agency said.
Hogan Lovells hired Anne Salladin, previously special counsel at Stroock & Stroock, as a partner in the firm's international trade practice, it said in a news release. "Salladin will advise clients on issues relating to international business and national security, particularly as they relate to the Committee on Foreign Investment in the United States (CFIUS)," Hogan Lovells said. Salladin was senior counsel in the Treasury Department's Office of Assistant General Counsel for International Affairs, "which provides legal advice to the Secretary of the Treasury as Chairperson of CFIUS," before joining the private sector, the law firm said.
The European Union is implementing new criteria for screening foreign investment in the EU that includes effects on critical technologies and dual-use items defined in EU export control regulations, it said in a notice issued March 21. The regulation mirrors U.S. Committee on Foreign Investment in the United States (CFIUS) requirements currently being implemented that relate to “emerging technologies” as defined in Bureau of Industry and Security export control regulations. Specific technologies named in the new EU regulation include artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies.