ACC NCR Global Issues Forum and Gibson Dunn: Practical Guidance On Managing New Foreign Investment Review Requirements and Export Controls on Emerging Technologies

On August 13, 2018, President Trump signed into law the most sweeping changes to the U.S. export control regime in decades.  Among other things, the Export Control Reform Act of 2018 (ECRA) modernizes the United States’ primary authority for export controls on dual-use items (items with both civil and military applications) by requiring the President to identify and establish both new export and foreign investment controls on “emerging” and “foundational” technologies that are essential to national security.  

The U.S. Department of Commerce has now begun the process of drafting regulations to identify particular “emerging” technologies and to develop corresponding licensing requirements for any transfers of these technologies with U.S. allies and adversaries.  In addition to new export licensing requirements, any technologies identified will also be subject to foreign investment review by the Committee on Foreign Investment in the United States (CFIUS).  Whether and how the United States implements these new controls will profoundly shape when, where, and how emerging technologies like artificial intelligence might ultimately develop.  Our panelists will bring you up to speed on these developments and share some practical insight on how to best prepare for new controls.