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ARTICLE · 14 AUGUST 2023

White House Issues Executive Order On Outbound Investment Screening

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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The EO uses a "small yard, high fence" approach to address national security threats posed by certain countries advancing the sensitive technologies listed above.

United StatesInternational Law
Eric McClafferty
Eric McClafferty
Carrie Schroll
Carrie Schroll
Terry Frederic
Terry Frederic
Wyatt Mince
Wyatt Mince

On August 9, 2023, the White House issued Executive Order 14105 ("EO") to address the national security threat posed by outbound investment in certain countries of concern that seek to develop and exploit sensitive or advanced technologies and products critical for military, intelligence, surveillance, or cyber-enabled capabilities. For now, the EO is narrowly focused on China, Hong Kong, and Macau and covers products in the semiconductors and microelectronics, quantum information technologies, and artificial intelligence sectors. The EO does not immediately implement any new restrictions, and instead directs the Treasury Department ("Treasury") to issue implementing regulations within the next year. As the regulations are developed, we will get a better sense of the scope and potential impact on outbound investment activity.

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