Deep Dive into FIRRMA, ECRA & Emerging and Critical Technologies

Mar 25, 2019 1:30pm - 5:00pm



Melissa L. Duffy
Dechert LLP (Washington, DC)

What is it about?

This timely workshop will provide an update on Export Control Reform. Join your expert leaders for an summary of the important industry changes including:


Legislative Overview

  • National Defense Authorization Act for Fiscal Year 2019
  • It reformed the Committee on Foreign Investment in the United States (“CFIUS”), provided for review of investments in U.S. businesses involved in critical technologies related to specific industries, and
    established the basis for new export controls on emerging and foundational technologies
  • Foreign Investment Risk Review Modernization Act (“FIRRMA”)
  • Export Control Reform Act of 2018 (“ECRA”)


Deep Dive into FIRRMA

  • Major points – expanded CFIUS jurisdiction, procedural changes to existing rules, and unresolved issues to be address in coming year
  • CFIUS Pilot Program – what new types of transactions are covered, the mechanics of how it works
  • What’s next?


Deep Dive into ECRA

  • Major points – replaced statutory authority for the Export Administration Regulations, updated penalties, emerging and foundational technologies
  • Commerce Department rulemaking for emerging and foundational technologies – where the process stands, survey of industry comments, potentially impacted technologies, how the government is evaluating new control criteria
  • What’s next?


Intersection of FIRRMA and ECRA, and Strategies for Managing Regulatory Risks

  • Increased regulation of foreign investments and collaboration involving certain industries, emerging and foundational technologies, and countries of concern
  • How to evaluate new technology projects and deals for risk
  • How to engage the regulators
  • Deal protections and planning for the unknown