Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 DECEMBER 2018

Initiative To Designate "Emerging And Foundational Technologies" – Export Control And CFIUS Implications For Technology Companies

Orrick
Explore more from Orrick

The U.S. government has launched its initiative to identify and impose export controls on "emerging and foundational technologies" essential to the national security of the United States.

United StatesInternational Law
Harry Clark
Harry Clark
W. Clark McFadden II
W. Clark McFadden II
Elizabeth Zane
Elizabeth Zane
Evgeniya Shakina
Evgeniya Shakina
Greg Hume
Greg Hume
Author LinkedIn connections

Key Points

  • The U.S. government has launched its initiative to identify and impose export controls on "emerging and foundational technologies" essential to the national security of the United States.
  • The U.S. government has not yet expanded export controls, but it has requested comments on how best to identify emerging technologies that warrant export controls.
  • This initiative could affect technology companies in two ways:

    • New export controls could limit or prevent exports of designated equipment, software and technical information to China and elsewhere.
    • Items that are designated emerging or foundational technology will generally be deemed "critical technology" under the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). Consequently, parties to a foreign investment in a U.S. company that develops or designs emerging or foundational technology may be required to notify the transaction to the Committee on Foreign Investment

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Trump Administration Waives New Russia Sanctions And Tariffs Under Graham Act

President Trump issued an executive order implementing the Graham Act, which establishes substantial new tariffs on Russian goods and countries purchasing Russian energy, but simultaneously waives their application. The order creates a monitoring framework that leaves open the possibility of future enforcement while maintaining existing Russia sanctions regimes.
GlobalInternational Law
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Article

U.S.-China Trade Truce Extended Two Months: BIS Affiliates Rule Suspension Follows

The U.S.-China trade truce has been extended through January 10, 2027, pushing back the effective date of the Bureau of Industry and Security's Affiliates Rule. While the suspension delays immediate compliance obligations, the rule remains in place and companies should use this additional time to prepare their compliance programs before the suspension potentially expires.
GlobalInternational Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

The Lindsey Graham Sanctions Act: What Businesses Need To Know About The New Tariffs

President Trump signed the Lindsey O. Graham Sanctioning Russia and Iran Act into law on September 18, 2026, establishing mandatory tariffs of up to 500% on Russian goods and up to 100% on goods from countries that continue to buy Russian energy. The Act targets major importers like China, India, and Turkey, with limited relief mechanisms including natural gas exceptions, presidential waivers, and a 270-day winddown period for entities divesting from Russian operations.
GlobalInternational Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Updates On Export Controls Impacting AI & Advanced Computing

The U.S. Department of Commerce's Bureau of Industry and Security issued guidance on May 31, 2026, clarifying licensing requirements for advanced computing items and AI technologies. The guidance maintains export restrictions for entities in certain countries while providing limited relief for data center operators, though questions remain about future regulatory direction. Companies must now strengthen their compliance programs and supply-chain due diligence as BIS continues to prioritize national security
GlobalInternational Law
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP