Insights

Washington – February 22, 2019: Crowell & Moring LLP is pleased to announce that its Government Contracts Group has been recognized as one of Law360’s “Practice Groups of the Year” for government contracts. This is the ninth consecutive year that the group has earned this honor.

Washington, D.C. – January 9, 2015: Crowell & Moring LLP is pleased to announce that its Government Contracts Group has been named to Law360's "Practice Groups of the Year" listing for Government Contracts for the fifth straight year. For this listing, Law360 recognizes "firms that came through for their clients in 2014, sealing the big deals and winning the high-stakes suits."

On October 20, 2022, the Committee on Foreign Investment in the U.S. (CFIUS) adopted long-awaited CFIUS Enforcement and Penalty Guidelines (the “Guidelines”) identifying how it will review and consider three categories of non-compliances that may be subject to penalties:

Two new rules announced by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) strive to severely inhibit China’s progress in indigenously producing advanced semiconductors. Although advanced semiconductors are widely used for commercial applications, BIS cited serious concerns regarding China’s use of the technology for WMD and military applications, and enabling human rights violations or abuses. BIS' announcement follows remarks in September by the U.S. National Security Advisor signaling a shift in the U.S. export control strategy from one of maintaining a “relative” advantage over competitors in certain key technologies, to maintaining “as large a lead as possible.” It remains to be seen if U.S. allies key to the semiconductor supply chain will impose similar export restrictions on transfers to China. Following the announcement of the rules, BIS officials have underscored the importance of multilateral adoption of the new currently unilateral controls, describing engagement with allies as a “priority” for BIS.

On September 15, 2022, the Biden Administration issued a new executive order (“EO”) and accompanying fact sheet, designed to sharpen the current U.S. foreign investment screening process as administered by the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). [1] This EO is the first to specifically identify certain additional national security factors for CFIUS to consider when evaluating transactions involving foreign investors. 

The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) recently issued long-promised written guidance on the U.S. Foreign Corrupt Practices Act (FCPA), in a 120-page publication entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “FCPA Guide”). The FCPA, the first of a growing number of statutes throughout the world that prohibit companies from making improper payments to foreign government officials to obtain or retain business, presents a major risk for any government contractors in the international market place. According to DOJ and the SEC, the FCPA Guide aims to “provide helpful information to enterprises of all shapes and sizes – from small businesses doing their first transactions abroad to multi-national corporations with subsidiaries around the world.”

The Legal Services Executive Committee of the US India Business Council are presenting this conference call.