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ICTS Investigations: The Commerce Department's New Tool | Holland & Knight LLP


Highlights
The U.S. Department of Commerce (Commerce) can now prohibit or otherwise restrict certain information and communications technology and services (ICTS) transactions that pose an undue or unacceptable risk to U.S. national security or the safety of U.S. persons where those transactions involve foreign adversaries.
Commerce s expanded power covers future and
ongoing ICTS activities of preexisting contracts and gives wide discretion to the Secretary of Commerce to evaluate and address threats from six identified foreign adversaries : China (including Hong Kong), Russia, Iran, North Korea, Cuba and Venezuela.
Procedures for preclearance or a licensing process for entities seeking preapproval before engaging in or continuing to engage in ICTS transactions are under construction and open to public comment until April 28, 2021. ....

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Biden Administration Announces Expansion Of Sanctions Against Russia And Signals Potential Additional Restrictions Following SolarWinds Cyber-Attack - International Law


II.  New Executive Order Targeting the Harmful
Foreign Activities of the Russian Government
On April 15, President Biden signed Executive Order 14024,
Blocking Property with Respect to Specified Harmful Foreign
Activities of the Government of the Russian Federation,
declaring a national emergency to deal with certain activities
carried out by the Russian government. The order cites several
examples of such activities, including Russian government efforts
to undermine US and foreign elections, malicious
cyber-enabled activities, employing transnational
corruption to influence foreign governments, targeting
dissidents and journalists abroad, and violating
well-established principles of international law, including
respect for the territorial integrity of states.
Executive Order 14024 authorizes the imposition of sanctions ....

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