Peter Lichtenbaum

January 2015, Corporate Counsel

December 2010, Coping with U.S. Export Controls

December 2011/January 2012, The European Lawyer

March 4, 2011, Georgetown University International Trade Update

December 21, 2020, Covington Alert

On December 18, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released a Final Rule (“the Rule”), effective immediately, adding 77 entities to the BIS Entity List. The majority of these entities are in China, and include, among others, the Semiconductor Manufacturing International Corporation (“SMIC”) and the drone company SZ DJI ...

November 16, 2020, Covington Alert

On Thursday, November 12, 2020, President Trump signed an Executive Order (the “Order”) that, beginning on January 11, 2021, will prohibit U.S. persons from transacting in the publicly traded securities of 31 companies that the Department of Defense has identified as “Communist Chinese military companies.” The requirement for the Department of Defense to create ...

October 14, 2020, Covington Alert

 On October 8, 2020, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced the imposition of comprehensive sanctions against 18 major Iranian banks. As part of the same action, the Treasury Department identified the “financial sector” of the Iranian economy as subject to sanctions under Executive Order No. 13902 (the ...

September 22, 2020, Covington Alert

On September 15, 2020, the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published in the Federal Register a final rule (the “Final Rule”) amending the requirement to file with CFIUS certain transactions involving U.S. businesses that produce, design, test, manufacture, fabricate, or develop one or ...

September 21, 2020, Covington Alert

On September 19, 2020, China’s Ministry of Commerce ("MOFCOM") issued regulations that provide new details on the government’s plans for an “Unreliable Entity List” first proposed in May 2019.

August 20, 2020, Covington Alert

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding its review of certain transactions involving foreign investment during 2019. The current Annual Report was released just two and a half months after the previous Annual Report, covering 2018, demonstrating the Committee has ...

August 20, 2020, Covington Alert

On August 17, 2020, the Commerce Department’s Bureau of Industry and Security (“BIS”) released a Final Rule (the “August 17 Final Rule”) significantly expanding U.S. export controls restrictions on certain non-U.S. items reexported, exported from abroad, or transferred (in-country) in transactions involving Huawei or its affiliates designated on the BIS Entity ...

July 16, 2020, Covington Alert

In our client alert of May 29, 2020, we reported on the initial U.S. government reaction to the announced intention of China’s legislature, the National People’s Congress (“NPC”), to unilaterally impose national security legislation on Hong Kong. As expected, on June 30, the NPC unanimously adopted the “Law of the People’s Republic of China on Safeguarding ...

July 8, 2020, Covington Alert

In recent years and with increased vigor in recent months, stakeholders and governments, including the United States, have focused on labor-related and other human rights issues concerning the treatment of Uyghur and other minority Muslim groups in the Xinjiang region of China. In this post, we provide an overview of some of these developments and considerations ...

June 9, 2020, Global Policy Watch

It has been publicly reported that discussions are underway within the Trump Administration for a coordinated interagency initiative to remove key industrial supply chain dependencies from overseas, especially China, and redouble efforts to secure such supply chains in the United States. While this initiative proceeds alongside ongoing efforts to secure supply ...

June 9, 2020, Covington Alert

It has been publicly reported that discussions are underway within the Trump Administration for a coordinated interagency initiative to remove key industrial supply chain dependencies from overseas, especially China, and redouble efforts to secure such supply chains in the United States. While this initiative proceeds alongside ongoing efforts to secure supply ...

May 29, 2020, Covington Alert

On May 27, Secretary of State Michael Pompeo certified to Congress pursuant to the Hong Kong Human Rights and Democracy Act of 2019 that "Hong Kong does not continue to warrant treatment under United States laws in the same manner as U.S. laws were applied to Hong Kong before July 1997." In a statement, Secretary Pompeo attributed this action to the announced ...

May 21, 2020, Covington Alert

In an effort to curtail access by China’s Huawei Technologies Co., Ltd. to products made using U.S. semiconductor software and technology, the Commerce Department’s Bureau of Industry and Security (“BIS”) on May 15, 2020, released an Interim Final Rule expanding and extending U.S. export controls jurisdiction to certain non-U.S. items when destined for Huawei or ...

May 21, 2020, Covington Alert

On May 21, 2020, the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published in the Federal Register a proposed rule (the “Proposed Rule”) that would amend the requirements to file with CFIUS certain transactions involving U.S. businesses that produce, design, test, manufacture, fabricate, or develop ...

May 19, 2020, Covington Alert

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding foreign acquisitions of, and investments in, U.S. businesses reviewed by CFIUS in 2018. The Committee also released a table reflecting data on the total number of formal reviews (not declarations) in 2019.

April 29, 2020, Covington Alert

The day we have all been expecting has finally come — CFIUS filing fees are going into effect on May 1, 2020. As discussed in our earlier alert, on March 4, 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding CFIUS filing fees, which were authorized under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). ...

April 29, 2020, Covington Alert

On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...

April 8, 2020, Covington Alert

On Saturday, April 4, 2020, the White House released the long-awaited Executive Order (“EO”) formalizing the “Team Telecom” Process, titled the “Executive Order on Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector” (“the Committee”). This EO provides, for the first time, formal ...

April 2, 2020, Covington Alert

The U.S. Department of Commerce (“Commerce”) recently published a new rule which makes it much more likely that the agency will investigate currency undervaluation as a countervailable subsidy. The new rule applies to countervailing duty (“CVD”) investigations or administrative reviews initiated on or after April 6, 2020. Under this new rule, Commerce could ...

April 1, 2020, Covington Alert

The scope and scale of recent events is almost inconceivable. All of us —including the Committee on Foreign Investment in the United States (“CFIUS”) — are sailing in uncharted waters. That said, while we may not have all of the answers, we are able to share some insights from the CFIUS front lines regarding how the challenges presented by the COVID-19 pandemic ...

March 9, 2020, Covington Alert

As we reported this past Friday, on March 6, 2020, President Trump issued only the sixth Executive Order (the “Order”) in history formally prohibiting the acquisition of a U.S. business by a foreign person, pursuant to the authorities that allow the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to review foreign mergers and ...

March 4, 2020, Covington Alert

Filing fees — one of the long awaited (and dreaded) innovations of the 2018 Foreign Investment Risk Review Modernization Act (FIRRMA) that has transformed the Committee on Foreign Investment in the United States (CFIUS) — have finally arrived. For more than 30 years, transactions could be submitted to CFIUS for review without a fee payable to the federal ...

January 15, 2020, Covington Alert

On January 10, 2020, President Trump issued a new Executive Order (“January 10 Executive Order”) that provides authority for the imposition of sanctions with respect to certain additional sectors of Iran’s economy, including Iran’s construction, mining, manufacturing, and textiles sectors. The January 10 Executive Order introduces both property-blocking ...

January 14, 2020, Covington Alert

The institutional transformation of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) that commenced more than two years ago with the introduction in Congress of the Foreign Investment Risk Review Modernization Act (FIRRMA) now is largely complete with the issuance of the highly anticipated final regulations implementing ...

December 9, 2019

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding foreign acquisitions of U.S. businesses reviewed by CFIUS in 2016 and 2017, a combined report covering the final year of the Obama administration and the first of the Trump administration. The report also reflects the crucial ...

November 27, 2019, Covington Alert

The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...

October 10, 2019, Covington Alert

On October 9, the U.S. Department of Commerce issued a Final Rule adding 20 Chinese government entities and eight Chinese private sector entities (“Listed Entities”) to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”).

October 2, 2019, Global Policy Watch

On 4 September 2019, the U.S. Department of State (“DoS”) published draft ‘Guidance for the Export of Hardware, Software and Technology with Surveillance Capabilities and/or Parts/Know-How’ (the “Guidance”). The DoS invited public comment on the draft Guidance until 4 October 2019, after which they will publish finalised guidance. Goal: Preventing Human Rights ...

April 2020

  For over 30 years, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) focused on a narrow subset of M&A transactions and investments. That era is coming to an end.  Covington is monitoring developments:  CFIUS Publishes Final Rule Governing Mandatory Filing Requirements for Critical Technology Businesses, Covington ...

September 27, 2019

Last week the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) issued its proposed final regulations (“Regulations”) to implement its expanded authorities under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). In doing so, CFIUS bifurcated the rulemaking process, proposing one set of regulations to govern ...

September 20, 2019

For over 30 years, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) focused on a narrow subset of M&A transactions and investments. That era is coming to an end. On Tuesday of this past week, CFIUS issued its anticipated proposed final regulations (“Regulations”) to implement the Foreign Investment Risk Review Modernization ...

September 10, 2019

The U.S. Department of the Treasury is expected to issue soon proposed regulations implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”), legislation enacted in August 2018 that reformed the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). FIRRMA transformed CFIUS’s authorities, but many of the most ...

August 22, 2019

WASHINGTON—Covington announced that the firm will be serving as part of an international team of lawyers representing media pioneer Maria Ressa, CEO, Cofounder and Executive Editor of Rappler, one of the leading online news platforms in the Philippines, as well as representing Rappler itself. Covington will be serving as U.S. counsel and will coordinate as ...

August 20, 2019, Covington Alert

On August 19, 2019, the Commerce Department’s Bureau of Industry and Security (“BIS”) issued a Final Rule adding 46 non-U.S. affiliates of Huawei Technologies Co., Ltd. (“Huawei”) to the Entity List and extended, through November 18, 2019, a revised Temporary General License (“TGL”) authorizing certain transactions with Huawei and listed Huawei entities.

August 12, 2019, Law360

August 8, 2019, Covington Alert

On August 5, 2019, President Trump issued Executive Order 13884 imposing comprehensive sanctions against the Government of Venezuela. Specifically, the Executive Order blocks all property and interests in property of the Government of Venezuela that are in or that come into the United States or the possession or control of a U.S. person.

June 3, 2019, The National Law Journal

May 17, 2019, Covington Alert

The U.S. Department of Commerce yesterday issued a Final Rule adding Huawei Technologies Co., Ltd. (“Huawei”) and 68 non-U.S. Huawei affiliates to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”). While the rule will not be published in the Federal Register until May 21, it was effective immediately upon release ...

May 16, 2019, Covington Alert

We are writing to provide an update on two important developments in U.S. national security-based regulation of trade: (1) a new, potentially expansive Executive Order on information and communications technology supply into the U.S. market, and (2) the Department of Commerce’s action to add Huawei to the Entity List.

May 7, 2019, Covington Alert

We are writing to provide an update on the current trends and operations of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). Approximately nine months after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) and six months into the Critical Technology Pilot Program (“the Pilot ...

April 25, 2019, Global Policy Watch

The U.S. government is now considering how to define potential new export controls on “emerging technologies.” Our article in the China Business Review explains the legislative context informing the current rulemaking process, highlights key themes in public comments submitted by stakeholders in response to an initial request for input, and offers ...

April 25, 2019, Covington Alert

The Trump Administration has announced multiple U.S. sanctions measures over the past several weeks, further tightening the sanctions on Iran and imposing additional measures on Venezuela and its allies, Cuba and Nicaragua.

April 17, 2019, China Business Review

April 3, 2019, Covington Alert

In February 2019, the U.S. Department of Justice (“DOJ”) announced a settlement with Honda Aircraft Company LLC regarding claims that Honda Aircraft violated the Immigration and Nationality Act (“INA”) by discriminating against non-U.S. citizens in an attempt to comply with requirements of the International Traffic in Arms Regulations (“ITAR”) and the Export ...

January 29, 2019, Covington Alert

December 2018, WorldECR

November 20, 2018, Covington Alert

On November 19, 2018, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) released an Advance Notice of Proposed Rulemaking (“ANPRM”) requesting public comment on the criteria to identify emerging technologies essential to U.S. national security. The comments will inform the interagency process that was authorized under the Export Control ...

November 6, 2018, Covington Alert

The Trump Administration yesterday completed the reimposition of sanctions against Iran that previously were suspended as part of the 2015 multilateral nuclear agreement, known as the Joint Comprehensive Plan of Action (“JCPOA”).

October 11, 2018, Covington Alert

Summary On October 10, the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued interim rules (the “Interim Rules”) that update the CFIUS regulations to address certain definitional and procedural aspects of the Foreign Investment Risk Review Modernization Act (“FIRRMA”) and, for the first time, ...

September 5, 2018, The Review of Securities & Commodities Regulation

August 30, 2018, Covington Alert

On August 27, 2018, the Department of State imposed sanctions against Russia pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) in response to Russia’s use of a chemical nerve agent against a UK citizen.

August 13, 2018, Covington Alert

Earlier today, President Donald Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) as part of the John S. McCain National Defense Authorization Act. As we have previously reported, FIRRMA will transform the jurisdiction, authority, and operation of the Committee on Foreign Investment in the United States (CFIUS). Our previous ...

August 8, 2018, Covington Alert

On August 6, 2018, President Trump issued Executive Order 13846 (the “Executive Order”) that re-imposes -- and to a limited extent broadens the scope of -- certain U.S. secondary sanctions targeting Iran that had been suspended in January 2016 pursuant to the Joint Comprehensive Plan of Action (“JCPOA”) with Iran.

July 30, 2018, Covington Alert

On July 23, the final text of the Export Control Reform Act of 2018 (“ECRA”) was released as part of the Conference Report to accompany the National Defense Authorization Act (“NDAA”) for fiscal year 2019. The NDAA is a must-pass piece of legislation that authorizes funding for the Department of Defense, and we expect it to be enacted and signed within the next ...

July 25, 2018, Covington Alert

Summary  For over a year, we have reported to our clients as the U.S. government considered and developed legislation that would fundamentally reform the operations of the Committee on Foreign Investment in the United States (CFIUS). That effort has been driven by concerns about risks arising from evolving foreign investment composition and business ...

July 2, 2018, Covington Alert

In furtherance of President Trump’s May 8, 2018 announcement that the United States is withdrawing from the Joint Comprehensive Plan of Action (“JCPOA”) (discussed in our recent alert), on June 27 the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced several changes to the U.S. sanctions against Iran.

June 27, 2018, Covington Alert

We write to report on two important developments regarding the Foreign Investment Risk Review Modernization Act (FIRRMA), a bi-partisan effort to reform the Committee on Foreign Investment in the United States (CFIUS), and the broader policy debate within the U.S. government on regulatory mechanisms to address foreign investment, particularly from China. On June ...

June 15, 2018, Covington Alert

As described in our May 9, 2018, alert, the United States determined on May 8, 2018, to end its participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, Germany, France, the UK, and China.

June 11, 2018, Washington Times

Peter Lichtenbaum is quoted in a Washington Times article regarding U.S. policy on drone strikes. “We can set whatever rules we want, but we need to understand that we are setting a precedent, and other countries are watching very closely what we do,” says Lichtenbaum. “If we assert a certain prerogative, that will make it difficult for us to argue against other ...

May 23, 2018, Covington Alert

Summary We are writing to report the latest developments related to legislative reform of the Committee on Foreign Investment in the United States (“CFIUS”). On Tuesday, May 22, 2018, the Senate Committee on Banking, Housing, and Urban Affairs (“Senate Banking Committee” or “SBC”) held a markup of S. 2098—the Foreign Investment Risk Review Modernization Act ...

May 16, 2018, Covington Alert

We are writing to report on the current status of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), legislation to reform the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). FIRRMA, a bill introduced by Senator John Cornyn (R-TX) in the Senate and Congressman Robert Pittenger (R-NC) in the House, seeks to ...

May 15, 2018, Covington Alert

On May 8, 2018, the United States announced the decision to end its participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, Germany, France, the UK and China.

May 9, 2018, Covington Alert

On May 8, 2018, President Trump announced his decision to end U.S. participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, and certain other governments. This action will have far-reaching effects for both U.S. and ...

May 9, 2018, Covington Alert

On May 8, 2018, President Trump announced his decision to end U.S. participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, and certain other governments. This action will have far-reaching effects for both U.S. and ...

May 8, 2018, Covington Alert

It has been publicly reported that the Trump Administration is considering invoking the International Emergency Economic Powers Act (IEEPA) to further regulate—and in certain areas potentially preclude—Chinese direct investment in the United States, beyond the authorities exercised by the Committee on Foreign Investment in the United States (CFIUS). The prospect ...

April 30, 2018, Covington Alert

We are writing to report on the latest Congressional hearing related to reform of the Committee on Foreign Investment in the United States (“CFIUS”). On April 26, 2018, the Digital Commerce and Consumer Protection Subcommittee of the House Committee on Energy and Commerce (the “Subcommittee”) held an open hearing entitled “Perspectives on Reform of the CFIUS ...

April 20, 2018, Covington Alert

On April 15, 2018, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) lifted its suspension of a denial order against two companies, Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (“ZTE Corporation”) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (“ZTE Kangxun,” and together with ZTE Corporation, ...

April 17, 2018, Covington Alert

We are writing to report on the latest Congressional hearing related to reform of the Committee on Foreign Investment in the United States (“CFIUS”). On April 12, 2018, the Monetary Policy and Trade Subcommittee of the House Committee on Financial Services (the “Subcommittee”) held an open hearing entitled “H.R. 4311, the Foreign Investment Risk Review ...

April 6, 2018, Covington Alert

On April 6, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced expanded sanctions against Russian entities and individuals, targeting a number of Russian oligarchs in the energy, banking, and other sectors and companies they own or control, as well as 17 senior Russian government officials.

March 16, 2018, Covington Alert

Summary We are writing to report on the latest Congressional hearings related to reform of the Committee on Foreign Investment in the United States (“CFIUS”) and potential efforts to enhance and reform the U.S. export control regime. Specifically, on March 14, 2018, the House Committee on Foreign Affairs (“House Foreign Affairs Committee” or “HFAC”) held an ...

March 8, 2018, Global Policy Watch

On February 15, 2018, House Foreign Affairs Committee Chairman Ed Royce (R-CA) introduced bipartisan legislation—the Export Control Reform Act of 2018 (“ECRA”)⸺to modernize U.S. export control regulation of commercial and dual-use items. The bill is co-sponsored by the committee’s ranking Democratic member, Eliot Engel (D-NY). The proposed legislation seeks to ...

March 8, 2018, Covington Alert

On February 15, 2018, House Foreign Affairs Committee Chairman Ed Royce (R-CA) introduced bipartisan legislation—the Export Control Reform Act of 2018 (“ECRA”)⸺to modernize U.S. export control regulation of commercial and dual-use items.

January 29, 2018, The Litigation Daily

The Litigation Daily highlights Covington's successful representation of Bombardier before the International Trade Commission (ITC). After finding that Bombardier's C-Series commercial jets are not threatening to U.S. producer Boeing, the ITC struck down a planned 300-percent tariff on the Canadian jetliners. "The unanimous decision in our favor was particularly ...

January 26, 2018, Covington Alert

We are writing to report on the latest significant developments in the effort to reform the Committee on Foreign Investment in the United States (“CFIUS”). On January 25, 2018, the Senate Committee on Banking, Housing, and Urban Affairs (“Senate Banking Committee” or “Committee”) held an open hearing entitled “CFIUS Reform: Administration Perspectives on the ...

January 26, 2018

WASHINGTON—Covington won a significant trade case today before the U.S. International Trade Commission (ITC) on behalf of its client Bombardier. In a 4-0 ruling, the ITC rejected Boeing Co.’s complaint that it was threatened with material injury by imports of Bombardier’s new C Series aircraft. The decision means that the U.S. Department of Commerce can no ...

January 22, 2018, Covington Alert

On January 18, 2018, the Senate Committee on Banking, Housing, and Urban Affairs (“the Committee”) held a hearing to consider the Foreign Investment Risk Review Management Act (FIRRMA), a bill introduced by Senator John Cornyn (R-TX) in the Senate and Congressman Robert Pittenger (R-NC) in the House to reform the Committee on Foreign Investment in the United ...

January 19, 2018, Law360

Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...

January 11, 2018, Covington Alert

We are writing to share our report of two Congressional hearings held this week that are relevant to the ongoing legislative discussion concerning potential reform of the Committee on Foreign Investment in the United States (CFIUS).

December 15, 2017, Covington Alert

We write to offer our perspective on two developments relevant to the Committee on Foreign Investment in the United States (“CFIUS”).

November 13, 2017, Covington Alert

On Thursday, November 9, 2017, the U.S. Departments of Treasury and Commerce published regulatory amendments that impose new restrictions on financial, travel, and trade-related transactions with Cuba by persons subject to U.S. jurisdiction.

November 9, 2017, Global Policy Watch

During the past two weeks, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the U.S. Department of State have taken a number of steps toward implementing aspects of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”), a major piece of sanctions legislation passed by the U.S. Congress in July and...… Continue ...

November 8, 2017, Covington Alert

Earlier today, Senator John Cornyn (R-TX), the second-highest-ranking Republican in the Senate, introduced a bill to reform the authority and operation of the Committee on Foreign Investment in the United States (“CFIUS”). The bill is co-sponsored by Senator Dianne Feinstein (D-CA) and Senator Richard Burr (R-NC), the Chairman of the Senate Select Committee on ...

November 8, 2017, Covington Alert

During the past two weeks, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the U.S. Department of State have taken a number of steps toward implementing aspects of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”), a major piece of sanctions legislation passed by the U.S. Congress in July and signed by ...

October 17, 2017, Covington Alert

On October 13, President Trump announced that he would no longer certify to Congress that the suspension of U.S. sanctions against Iran pursuant to the Joint Comprehensive Plan of Action (“JCPOA”) is “appropriate and proportionate” to the steps that Iran has taken to terminate its illicit nuclear program. The President’s much-anticipated announcement does not ...

September 22, 2017, Covington Alert

President Trump has issued an Executive Order (“the Order”), effective September 21, 2017, imposing additional sanctions on persons doing business in certain sectors of the North Korean economy or engaging in certain trade or financial activities involving North Korea. President Trump issued the Order in response to North Korea’s recent intercontinental ...

September 21, 2017, Covington Alert

The Committee on Foreign Investment in the United States (“CFIUS”) this week released its long-awaited Annual Report to Congress regarding foreign acquisitions of U.S. businesses reviewed by CFIUS in 2015. The report provides important data that yields insights into the types of transactions the Committee reviewed and the Committee’s treatment of those ...

September 14, 2017, Covington Alert

We are writing to provide our perspective on two significant developments involving the Committee on Foreign Investment in the United States (“CFIUS”).

August 29, 2017, Covington Alert

Last week, President Trump issued an Executive Order imposing new economic sanctions on the Venezuelan government in response to President Nicolás Maduro’s increasingly authoritarian actions. The new sanctions expand the U.S. restrictions against Venezuela, which previously were comprised of sanctions against a few key individuals, but they do not amount to a ...

August 15, 2017

WASHINGTON—Covington, together with Israeli-based law firm Allens and Herzog Fox & Neeman, is representing Aristocrat Leisure Limited, a leading provider of gaming solutions, in its acquisition of Plarium Global Limited and the related acquisition financing.  Aristocrat will make an upfront cash payment of $500 million plus earn-out payments based on Plarium’s ...

July 28, 2017, Covington Alert

Congress has passed and sent to President Trump, for his signature or veto, a bill that would impose significant new sanctions against Russia, Iran, and North Korea. The legislation—the Countering America’s Adversaries Through Sanctions Act—enjoys broad bipartisan support, having passed the U.S. House of Representatives on July 25 by a vote of 419-3, and the ...

June 23, 2017, Covington Alert

We are writing to provide our perspective on recent developments regarding the Committee on Foreign Investment in the United States (“CFIUS”), including the plans of Senator John Cornyn (R-TX) to introduce significant legislation to reform CFIUS, and the operation of CFIUS in the first six months of the administration of President Donald Trump.

June 19, 2017, Covington Alert

On Friday, June 16, 2017, President Donald J. Trump announced a tightening of the United States’ long-standing Cuba embargo, rolling back some of the easing implemented during the Obama Administration and described in our prior client alerts. The Trump Administration’s approach is outlined in a National Security Presidential Memorandum, but the full scope of ...

May 2, 2017, BNA's Federal Contracts Report

Peter Lichtenbaum and Fred Levy are quoted in a Federal Contracts Report article regarding the dispute, which is on appeal in the Fourth Circuit, between South Korea and BAE following the failure to finalize a deal to upgrade the F-16 jet. According to Lichtenbaum, the contracting community would expect the Fourth Circuit not to enforce the BAE-South Korea ...

April 21, 2017, Global Policy Watch

On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. I. Conduct of Section 232 Investigations Under Section 232, Secretary...… ...

April 21, 2017, Covington Alert

On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ...

February 28, 2017

WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...

January 27, 2017, Law360

Law360 selected Covington’s International Trade practice as a “Practice Group of the Year,” profiling the team’s involvement in billions of dollars worth of transactions, Foreign Corrupt Practices Act investigations, and sensitive national security trade reviews. “Our practice in general is distinguished by the sheer number of former senior enforcement officials ...

January 13, 2017, Covington Alert

In response to “positive actions” taken by the Government of Sudan over the past six months, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced today an amendment to the Sudanese Sanctions Regulations (“SSR,” 31 C.F.R. Part 538) that effectively suspends virtually all of the U.S. sanctions against Sudan by authorizing ...

January 13, 2017, Covington Alert

Over the past few months, the agencies responsible for criminal and civil enforcement of U.S. export control and economic sanctions laws have implemented a number of important changes in their enforcement practices. In October 2016, the U.S. Department of Justice (“DOJ”), National Security Division (“NSD”) published guidance on voluntary self-disclosures of ...

January 11, 2017, National Defense

Peter Lichtenbaum was a panelist at the National Defense Industrial Association event “Reforming the Security Cooperation Enterprise” and is quoted in a National Defense article regarding the effect the Trump administration may have on foreign military sales. According to Lichtenbaum, it will take some determined efforts to educate the next administration on how ...

January 11, 2017, Covington Alert

Late last week, a group of technology industry leaders, researchers, and former policymakers comprising the President’s Council on Science and Technology (“PCAST”) issued a report entitled Ensuring Long-Term U.S. Leadership in Semiconductors. The report concludes that China is seeking to reshape the global semiconductor industry in a manner that threatens U.S. ...

October 17, 2016, Covington Alert

Effective today, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) has amended the Cuban Assets Control Regulations (“CACR”) and the U.S. Commerce department’s Bureau of Industry and Security (“BIS”) has amended the Export Administration Regulations (“EAR”) to expand permissible dealings involving Cuba, further easing the longstanding U.S. ...

October 5, 2016

WASHINGTON—Zachary Mears has joined Covington as a Senior Advisor in the Aerospace, Defense, and National Security industry group and the Public Policy and Government Affairs practice.  Dr. Mears previously served as the Chief of Staff to the Deputy Secretary of Defense and Deputy Chief of Staff to the Secretary of Defense. He advised the Secretary and Deputy ...

June 9, 2016, Covington Alert

The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) yesterday published new Frequently Asked Questions (“FAQs”) that help clarify the scope of certain measures taken by the United States in January to ease its sanctions against Iran in accordance with the Joint Comprehensive Plan of Action (“JCPOA”), the multilateral agreement signed in ...

May 31, 2016

WASHINGTON—Chambers USA has selected Covington for its 2016 Award for Excellence in International Trade. The Award for Excellence in International Trade is presented at Chambers USA’s annual awards dinner and awarded to one law firm. The award coincides with the release of the Chambers USA 2016 guidebook, in which Covington received a top-tier ranking nationally ...

October 12, 2015, National Defense Magazine

Peter Lichtenbaum is quoted in this National Defense Magazine blog post discussing the push by the Pentagon to attract innovative technology firms and to create new business relationships with the commercial tech sector. Although conversations between government officials and tech leaders are occurring, there are some doubts about the future success of these ...

October 5, 2015, Washington Examiner

Co-chair of both the International Trade and Finance practice and Aerospace and Defense Industry Group Peter Lichtenbaum discusses the Pentagon’s defense acquisition reform to ensure more efficient transfer of technology to the armed services. Lichtenbaum stresses the importance by saying that in the past decade of war, American lives were needlessly lost ...

July 15, 2015, Covington Alert

6/12/2015, Covington Alert

June 9, 2015

WASHINGTON, DC, June 9, 2015  — The Legal 500 U.S. has ranked Covington as a top tier firm in nine practice areas and recognized 25 individual attorneys as “Leading Lawyers” in the directory’s 2015 edition. Additionally, Legal 500 recommended 36 Covington practice areas and 156 Covington lawyers. Top tier rankings include: Antitrust - Cartel  Antitrust ...

April 28, 2015, Money Laundering Bulletin

January 8, 2015, Global Policy Watch

President Obama’s announcement that the United States is “changing its relationship with the people of Cuba” has been welcomed by many in the business community, who continue to await regulatory amendments that will implement the new policy.  (For background on the President’s announcement, please see our client alert of December 17, 2014 and our audio...… ...

January 2015, Corporate Counsel

Covington's Lanny Breuer and Peter Lichtenbaum have authored this article on corporate compliance: The phone rings, and the CEO tells you she’s planning an acquisition of a target that has operations in Europe and Asia. She’s focused on the potential to develop technology 24-7 and get closer to the global customers. Of course, your job is to get regulatory ...

December 24, 2014, Covington E-Alert

December 17, 2014, Covington E-Alert

December 17, 2014, Covington E-Alert

September 22, 2014, Covington E-Alert

September 13, 2014, Covington E-Alert

August 18, 2014

WASHINGTON, DC, August 18, 2014 — Best Lawyers named Covington & Burling’s Stuart Eizenstat and Gregg Levy each a 2015 “Lawyer of the Year” in international trade and sports law, respectively, citing their “abilities, professionalism and integrity.” Overall, Covington lawyers received 217 individual mentions in 58 areas of law in the newly released annual survey ...

August 15, 2014, Covington E-Alert

August 12, 2014, Covington E-Alert

August 4, 2014, Covington E-Alert

July 23, 2014, Covington E-Alert

July 17, 2014, Covington E-Alert

July 10, 2014, Covington E-Alert

June 26, 2014

WASHINGTON, DC, June 26, 2014 — The Legal 500 U.S. has ranked Covington & Burling in its top tier in eight practice areas and recognized 23 individual attorneys as “Leading Lawyers” in the directory’s 2014 edition. Additionally, Legal 500 “recommended” 42 Covington practice areas and 153 Covington lawyers. The eight Covington practices given the top tier ranking ...

June 26, 2014

WASHINGTON, DC, June 26, 2014 — A report on how the United States uses drones in the national security arena was released today by the Stimson Center’s Task Force on U.S. Drone Policy. Covington & Burling’s Peter Lichtenbaum was a member of the nonpartisan 10-member task force co-chaired by General John P. Abizaid (US Army, Ret.), former Commander of U.S. ...

June 26, 2014, Covington E-Alert

June 23, 2014, Covington E-Alert

May 23, 2014, Covington E-Alert

May 13, 2014, Covington E-Alert

May 12, 2014, Covington E-Alert

April 29, 2014, Covington E-Alert

April 28, 2014, Covington E-Alert

April 15, 2014, Covington E-Alert

March 21, 2014, Covington E-Alert

March 18, 2014, Covington E-Alert

March 6, 2014, Covington E-Alert

March 5, 2014, Covington E-Alert & Advisory

March 4, 2014, Covington E-Alert

January 22, 2014, Covington E-Alert

January 22, 2014, 5th Advanced Forum on ITAR Compliance for European Operations

November 27, 2013, Covington E-Alert

August 26, 2013, Covington E-Alert

April 16, 2013, Présentation à la Commission internationale: Paris – New York

January 4, 2013, Covington E-Alert

December 28, 2012

BEIJING, December 28, 2012 — Chambers has named Covington & Burling as a finalist for the 2013 Chambers China Awards for Excellence in the International Trade category. The awards recognize preeminence in key practice areas and significant achievements over the past 12 months, including outstanding work, impressive strategic growth and excellence in client ...

December 27, 2012, Covington E-Alert

December 3, 2012

WASHINGTON, DC, December 3, 2012 — Law360 named five Covington & Burling lawyers today as “Most Valuable Players” in their respective practice areas. The award singles out lawyers from across 22 practice areas whose achievements in major litigation or transactional matters have “raised the bar” over the past year. The Covington lawyers recognized as Law360 MVPs ...

August 27, 2012

WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...

January 3, 2012, Covington E-Alert

December 5, 2011, Covington E-Alert

November 15, 2011, Covington E-Alert

October 4, 2011, Covington E-Alert

October 4, 2011, Covington E-Alert

September 29, 2011, Covington E-Alert

September 7, 2011

WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...

September 2, 2011, Covington E-Alert

August 30, 2011, Covington E-Alert

August 19, 2011, Covington E-Alert

July 29, 2011, Covington E-Alert

July 28, 2011, Covington E-Alert

6/10/2011

WASHINGTON, DC, June 10, 2011 — In presenting Covington & Burling LLP with the Chambers USA Award for Excellence in International Trade on June 9th, Chambers noted how the firm’s “comprehensive team covers the complete spectrum of international trade matters and clients benefit from the close-knit and interdisciplinary approach of the department's various ...

June 2011, International Security Programme Paper, Chatham House

May 16, 2011, Covington E-Alert

April 20, 2011, Financial Times

April 19, 2011, Covington E-Alert

April 12, 2011, Covington E-Alert

February 28, 2011, Covington E-Alert

December 23, 2010, Covington E-Alert

December 16, 2010, Covington E-Alert

October 15, 2010, Covington E-Alert

October 8, 2010, Covington E-Alert

September 30, 2010, Covington E-Alert

August 13, 2010, Covington E-Alert

August 10, 2010

WASHINGTON, DC, August 10, 2010 — Covington & Burling LLP is pleased to announce that Peter Lichtenbaum, most recently Vice President for Regulatory Compliance and International Policy at BAE Systems, Inc., has joined the firm as a partner. He will be resident in Covington’s Washington office, and will concentrate in the firm’s International Trade and Finance ...