2 dagar sedan · Industry groups are calling for the Commerce Department to provide more details on how it will determine which foreign transactions made by information and communications technology and services companies are subject to review as part of a supply chain interim final rule issued near the end of the Trump administration.
Declaration of the Committee of Ministers on human rights and the rule of law in Recognising that information and communication technologies (ICTs) are a
[2] The interim final rule empowers the Commerce Department to conduct CFIUS-like reviews of transactions involving the acquisition, importation, transfer, installation, dealing in, or use of On January 19, 2021, the US Department of Commerce (“Commerce”) issued a long-awaited interim final rule (“Interim Final Rule”), 1 which would enable Commerce to prohibit or otherwise restrict transactions involving the information and communication technology and services (“ICTS”) supply chain, including both hardware and software, that have a nexus to certain designated “foreign adversaries,” including China, for purposes of protecting national security. Building on a May 2019 Executive Order issued under the International Emergency Economic Powers Act ("IEEPA"), the U.S. Department of Commerce ("Commerce") recently issued an interim final rule ("IFR") establishing an interagency review mechanism through which Commerce can identify and potentially prohibit ICTS transactions that pose an "undue or unacceptable risk" to national security. This mechanism provides the U.S. government with an additional tool to scrutinize and limit inbound Rule to implement provisions of Executive Order 13873, “ Executive Order on Securing the Information and Communications Technology and Services Supply Chain” (May 15, 2019) (the “ICTS Order”). Unless suspended by the Biden A dministration, the Rule wil l go into effect 60 days from the publication, on March 20, 2021.
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The ICTS Rule, which became effective March 22, 2021, is designed to address national security threats by prohibiting certain transactions involving 2021-04-09 2021-03-24 The Interim Final Rule defines “ICTS Transactions” to include “any acquisition, importation, transfer, installation, dealing in, or use of any [ICTS], including ongoing activities, such as managed 2021-03-23 On January 19, 2021, the US Department of Commerce (“Commerce”) issued a long-awaited interim final rule (“Interim Final Rule”), 1 which would enable Commerce to prohibit or otherwise restrict transactions involving the information and communication technology and services (“ICTS”) supply chain, including both hardware and software, that have a nexus to certain designated 2021-01-19 2021-01-21 2021-01-21 2021-03-22 The ICTS Rules define an “ICTS transaction” as “any acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs, or the platforming or data hosting of applications for consumer download.” 2019-12-04 On January 14, 2021, the U.S. Department of Commerce (“Commerce”) announced that it had issued an interim final rule (the “Rule”) to implement President Trump’s Information and Communications Technology and Services (“ICTS”) Executive Order of May 2019, which was aimed at threats posed to U.S. national security and the U.S. digital economy by the involvement of certain non-U.S. technology … The ICTS Rule follows the publication of the November 27, 2019, proposed rule, which we reported on in our December 2, 2019 alert. The review process set forth in the ICTS Rule is principally designed to ferret out ICTS transactions that pose a threat to US national security. the ICTS Rule on U.S. national security and economic interests. Because the ICTS sector is integrated into many aspects of the economy, the ICTS Rule could have a wide-ranging effect on U.S. industry.
Some business and trade groups contend the rule is overbroad, lacks transparency, and that compliance will be costly for U.S. companies.
10 Jan 2020 The Proposed Rule authorizes the Department of Commerce to prohibit or unwind any “transaction” involving “ICTS” and a “foreign adversary”
2021-03-23 · A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review and, potentially, modify or block commercial transactions between US and foreign parties for certain information and communications technology and services (ICTS). On January 19, 2021, the US Department of Commerce (“Commerce”) issued a long-awaited interim final rule (“Interim Final Rule”), 1 which would enable Commerce to prohibit or otherwise restrict transactions involving the information and communication technology and services (“ICTS”) supply chain, including both hardware and software, that have a nexus to certain designated 2021-01-19 · This rule clarifies that if, after review of an ICTS Transaction and consultation with the appropriate agency heads, the Secretary determines that such ICTS Transaction meets the criteria in section 7.103(c) of the rule, the Secretary shall then issue an initial written determination explaining the finding and whether the Secretary has determined to prohibit or propose mitigation measures to Given the continued push by the Biden Administration to implement the ICTS Rule and the issuance of subpoenas that indicate an intent to use and enforce authority under EO 13873 and the ICTS Rule, companies active in the ICTS industry should assess their potential risk with respect to any existing or pending business involving parties from “foreign adversary” countries.
The ICTS supply chain must be secure to protect our national security, including the economic strength that is an essential element of our national security. However, the ICTS supply chain has become increasingly vulnerable to exploitation and is an attractive target for espionage, sabotage, and foreign interference activity.
2019-12-02 2 days ago 2021-03-22 The rules for naming will permit one to identify, through an e-mail address, who is a member of which delegation. For example, the e-mail address of Jean Dupont of the Permanent Delegation of France to UNESCO would read: j.dupont.fr@unesco-delegations.org 2021-01-20 · On January 19, 2021, the Commerce Department issued an interim final rule to implement the Executive Order on Securing the Information and Communications Technology and Services Supply Chain (E.O. 13873), which was issued on May 15, 2019. The interim rule comes after the November 2019 proposed rule implementing E.O. 13873. On January 19, 2021, the Department of Commerce published an Interim Final Rule (the “Rule”) setting out a more detailed regulatory structure to implement Executive Order 13873, which authorizes Commerce to prohibit or otherwise regulate transactions involving information and communications technology or services (“ICTS”) with a nexus to “foreign adversaries” that pose an “undue or unacceptable risk” to US national security. According to the rule, Commerce considers an ICTS transaction to be “any acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service, including .
ICTS used in critical infrastructure pursuant to Presidential Directive 21 – Critical Infrastructure Security and Resilience that involves a “clearly specified technology or service” such as financial services, energy
The proposed rule would create a process for evaluating the effect that any acquisition, importation, transfer, installation, dealing in, or use of ICTS that has been designed, developed, manufactured or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, foreign adversaries 3 may have on the national security, foreign policy and economy of the United
2021-03-22 · engagement with the Department of Commerce (“Commerce”) as it develops the rule to implement Executive Order 13873, Securing the Information and Communications Technology and Services Supply Chain via additional comments on the Interim Final Rule (hereinafter the “IFR” or “rule”).
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As Husch Blackwell discussed in a recent client alert, the U.S. Department of Commerce recently issued a proposed rule (the “Proposed Rule”) which intends to give the U.S. Secretary of Commerce the authority to block, unwind or modify information and communications technology or services (“ICTS”) transactions involving “foreign adversaries” if the Commerce Secretary determines that The rule will ensure the resilience of, and trust in, our Nation’s ICTS supply chain, and, for the purposes of this rule, identifies six foreign governments or foreign non-government persons as foreign adversaries: the People’s Republic of China (China), the Russian Federation (Russia), the Islamic Republic of Iran (Iran), the Democratic People’s Republic of Korea (North Korea), the An interim final rule allowing the Commerce Department to block information and communications technologies and services transactions involving “foreign adversaries” could hamper U.S. competitiveness and innovation and fail to protect the ICTS supply chain as intended, industry groups have warned in comments to the rule. 1 Feb 2021 Process to Seek Pre-Approval for Covered ICTS Transactions. The Interim Rule indicates that, by May 19, 2021, the Commerce Department will 12 Feb 2021 The ICTS rule seeks to prevent, among other things, a similar future scenario where communications equipment or other technology products and 4 Mar 2021 On January 19, 2021 the U.S. Department of Commerce ("Commerce") published an interim final rule (IFR) to implement a May 15, 2019 Blair will discuss the interim final rule on Securing the Information and Communications Technology and Services (ICTS) Supply Chain, which is set to be 12 Feb 2021 (ICTS) Rule and Review Process.
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The ICTS Rule, which became effective March 22, 2021, is designed to address national security threats by prohibiting certain transactions involving information and communications technology and
Husch Blackwell is closely monitoring these ICTS rules and will continue to provide updates as developments occur. Under the IFR, Commerce asserts authority to prohibit, unwind, or mitigate risks associated with "covered ICTS transactions" where the ICTS is "designed, developed, manufactured, or supplied" by persons "owned by, controlled by, or subject to the jurisdiction or direction of" designated "foreign adversaries," and where the transaction is determined to pose an "undue or unacceptable risk" to U.S. national security. 2019-12-26 Rather, the rule authorizes the Secretary of Commerce, on a case-by-case-basis, to identify, mitigate, prohibit and/or unwind (i) covered “ICTS Transactions” (ii) that involve “ICTS designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a ‘foreign adversary’” and (iii), which pose an undue or unacceptable risk. The proposed rule would create a process for evaluating the effect that any acquisition, importation, transfer, installation, dealing in, or use of ICTS that has been designed, developed, manufactured or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, foreign adversaries 3 may have on the national security, foreign policy and economy of the United States, and … The rule will ensure the resilience of, and trust in, our Nation’s ICTS supply chain, and, for the purposes of this rule, identifies six foreign governments or foreign non-government persons as foreign adversaries: the People’s Republic of China (China), the Russian Federation (Russia), the Islamic Republic of Iran (Iran), the Democratic People’s Republic of Korea (North Korea), the Republic of Cuba (Cuba), and … 2021-01-29 2021-01-21 About us.