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On December 23, 2020, the US Department of Commerce s Bureau of Industry and Security ( BIS ) issued a final rule creating a Military End User List ( MEU List ) under the Export Administration Regulations ( EAR ). The final rule also adopted the first tranche of entities added to the MEU List, identifying more than 100 Chinese and Russian entities as Military End Users ( MEUs ).
1 A BIS license is required for certain exports, reexports, and transfers when a party has knowledge that an MEU is a party to the transaction (e.g., as purchaser, intermediate consignee, ultimate consignee, or end user). In a separate action, BIS also removed Hong Kong as a separate destination under the EAR, largely subjecting Hong Kong to the same requirements and restrictions as China.
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In today’s world, companies in various industries are increasingly running into issues that have national security implications. Research universities and other academic institutions can face issues involving national security risks as well. As a result, whereas protecting national security was once a matter reserved for the federal government, today, both private and public companies and institutions can play vital roles, and these entities must implement adequate security controls to mitigate threats and prevent intrusions.
Understanding the National Security Risks in the Business and Academic Settings
Traditionally, protecting national security largely centered around protecting the nation’s borders. If threats could not come in, then they could not cause harm. While border security remains a fundamental concern today (and this is an area in which businesses and universities can play a part), the ongoing technolog
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Covid has wreaked havoc on deal numbers and the economy generally, but one light at the end of the tunnel we are all hopefully approaching quickly is that buyers with significant cash reserves will start to buy companies and assets that need to sell as a result of those economic troubles. Some of those buyers will be non-US individuals or entities coming to America to hunt for opportunities, and accordingly a good number of US in-house lawyers who have spent their entire careers doing purely domestic transactions will need to get up to speed on the “international” aspects of the sale of a company or assets that have always been purely domestic.
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In the fourth quarter of 2020, the major CFIUS development was the significant revision of one of CFIUS’s two mandatory filing programs. Specifically, on 15 September 15 2020, the Department of Treasury (the Treasury) issued a Final Rule revising CFIUS’s critical technologies mandatory filing program and making certain other clarifying amendments to the other mandatory filing program.
In the fourth quarter of 2020, the major CFIUS development was the significant revision of one of CFIUS’s two mandatory filing programs. Specifically, on 15 September 15 2020, the Department of Treasury (the Treasury) issued a Final Rule revising CFIUS’s critical technologies mandatory filing program and making certain other clarifying amendments to the other mandatory filing program. The most significant changes in the Final Rule can be summarized as follows:
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Jeff Horne is currently the CSO at Ordr where he is responsible for security direction both within Ordr products and internal security. Prior to Order, he was the VP of Information Security for Optiv where he was responsible for all Security Operations, Governance Risk and Compliance, Endpoint, Internal Incident Response, Physical Security, and Employee Security Awareness groups. Before Optiv, Horne was the Senior Director of Information Security for SpaceX where he was responsible for the overall security strategy of SpaceX. Horne is well known for his insight in interviews for numerous news channels and publications, speaking roles at various security conferences, as well as authoring several vulnerability disclosures and patents.