CFIUS AND EXPORT CONTROLS

Export Control Classification: Examining the Scope of Critical Technology and How it Affects Mandatory Filing

April 27, 2022 2:15pm

Matthew S. Borman
Deputy Assistant Secretary of Commerce for Export Administration
U.S. Department of Commerce

Nicholas Klein
Partner
DLA Piper

Waqas Shahid
Senior Managing Director, Corporate Regulatory Compliance; Program & Project Management
Ankura

This session will delve into the Export Control Reform Act of 2018 (ECRA), its interplay with FIRRMA and how presidential authority to regulate and enforce export controls is now being implemented.

  • Practical impact of expanding the mandatory declaration process
  • Unpacking the evolving interplay of export controls and foreign investment reviews
  • Evaluating whether or not your company has critical technology
  • Discussing how presidential authority is being coordinating with the Secretaries of Commerce, Defense, Energy and State to identify “emerging and foundational technologies” that are essential to national security, but are not deemed “critical technologies” subject to CFIUS review
  • Emerging implications for exporters operating in sectors that are identified as involving foundational or emerging technologies