In an Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register on Monday, March 29, 2021, Commerce announced that it is soliciting public comment on a licensing process for companies seeking pre-clearance for information and communications technology and services (ICTS) transactions subject to Commerce’s broad new authority to block or unwind such transactions, as implemented in the interim final rule, “Securing the Information and Communications Technology and Services Supply Chain.” That interim final rule, which was published on January 19, 2021, became effective on Monday, March 22, 2021, and broadly defines transactions to include acquisition, importation, transfer, installation, dealing in or use of ICTS. We previously discussed that interim final rule here.
Continue Reading Commerce Publishes ANPRM Seeking Comment on the Licensing Process for ICTS Transactions
CFIUS
Government Contracts: CFIUS Expands Types of Transactions Subject to Pre-Closing Mandatory Declarations


On May 21, 2020, Treasury proposed to change its approach for identifying which foreign investment in a U.S. business will trigger the requirement for mandatory notification to the Committee on Foreign Investment in the U.S. (CFIUS). With respect to covered transactions involving U.S. businesses which produce, design, test, manufacture fabricate or develop those “critical technologies”…
Fastest 5 Minutes The Podcast Gov’t Contractors Can’t Do Without

This week’s episode covers SEC, ASBCA, GSA, and CFIUS news, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
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CFIUS/FOCI Mitigation within DoD
CFIUS/FOCI Mitigation within DoD
Interesting DOD IG Intelligence and Special Program Assessment Report on the CFIUS process/FOCI mitigation as it flows through DoD. Link is above if you’d like to read the report.