Public Actions

DOJ filed a notice in the 23andMe bankruptcy proceeding to inform the court that the debtor’s potential transactions (1) may be subject to review by CFIUS and (2) may be prohibited or restricted by NSD’s Data Security Program.

Link to DOJ filing

Foreign Investment; Data Security

Implementing the Data Security Program, NSD issued initial FAQs, compliance guidance, and limited enforcement policy for the first 90 days. 

Link to DOJ press release

Data Security

The President directed CFIUS to conduct a “de novo review” of Nippon Steel’s proposed acquisition of U.S. Steel.

Link to order 

Foreign Investment

The President issued Executive Order 14258, which extended the enforcement delay of the Protecting Americans From Foreign Adversary Controlled Applications Act to TikTok until June 19, 2025.

Link to order

Foreign Adversary Apps

The President issued National Security Presidential Memorandum 3, which directed CFIUS and other national-security bodies to take certain steps to preserve an open investment 

Link 

Foreign Investment

The President issued National Security Presidential Memorandum 2, which (among other things) directed DOJ to “use all criminal, regulatory, and cyber authorities and tools to investigate, prosecute, and disrupt efforts by the Iranian government to conduct espionage or obtain military, intelligence, government, or other sensitive information, compromise the Homeland and our critical infrastructure, evade sanctions and export controls, obtain material support for terrorism, exert foreign malign influence, and threaten harm and infringe on First Amendment-protected speech, including efforts designed to sow anti-Semitism.”

Link

Data Security

The President issued a memorandum establishing the America First Trade Policy, including (among other things) directing the Department of the Treasury to recommend any modifications to the Outbound Investment Security Program and the Department of Commerce to “consider whether controls on ICTS transactions should be expanded to account for additional connected products.”

Link to order

Foreign Investment; Supply-Chain Security

The President issued Executive Order 14166, which directed the Attorney General not to take any action to enforce the Protecting Americans From Foreign Adversary Controlled Applications Act of 2024 with respect to TikTok for 75 days.

Link to order

Foreign Adversary Apps

In TikTok v. Garland, the Supreme Court unanimously upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act of 2024 against a challenge from ByteDance-owned TikTok.

Link to Supreme Court decision

Foreign Adversary Apps

On referral from CFIUS, the President issued an order prohibiting a proposed acquisition of U.S. Steel by Nippon Steel Corporation.

Link to order

Foreign Investment

NSD issued the final rule establishing the Data Security Program under Executive Order 14117.

Link to DOJ press release

Data Security

In TikTok v. Garland, the D.C. Circuit unanimously upheld the constitutionality of the Protecting Americans from Foreign Adversary Applications Act of 2024 against a challenge from ByteDance-owned TikTok.

Link to D.C. Circuit decision

Foreign Adversary Apps

NSD issued a notice of proposed rulemaking to establish the Data Security Program under Executive Order 14117.

Link to press release

Data Security

CFIUS announced recent enforcement actions, including a $60 million civil penalty against T-Mobile U.S., Inc. for violating a National Security Agreement.

Link to press release

Compliance & Enforcement

The President issued a memorandum delegating authority under the Protecting American From Foreign Adversary Controlled Applications Act of 2024 to a newly created interagency committee chaired by the Department of Justice.

Link to order

Foreign Adversary Apps

The FCC settled two investigations into the unauthorized operation of the America Movil Submarine Cable System without Team Telecom review or required FCC approvals.  

Link to FCC page

Telecom; Compliance & Enforcement

NSD issued an advance notice of proposed rulemaking to establish the Data Security Program under Executive Order 14117.

Link to press release

Data Security

The President issued Executive Order 14117, which (among other things) directed the Department of Justice to prohibit and restrict certain categories of transactions involving access to sensitive personal data by countries of concern and those subject to their jurisdiction, control, ownership, or direction.

Link to order

Data Security

The President issued Executive Order 14105, which elaborated and expanded on the factors used by CFIUS to review the effects of covered transactions on the national security of the United States.

Link to Executive Order

Foreign investment

DOJ, as the Chair of Team Telecom, submitted a letter in support of the FCC’s notice of proposed rulemaking to conduct regular reviews of existing licenses for evolving national security, law enforcement, and other risks. 

Link to letter

Telecom

The D.C. Circuit issued an opinion in China Telecom (Americas) Corporation v. FCC denying China Telecom’s petition for review of the FCC’s order revoking China Telecom’s section 214 license based on Team Telecom’s recommendation.

Telecom

Team Telecom recommended that the FCC deny an application for a cable-landing license proposing a direct subsea cable connection between the United States and Cuba.

Link to Team Telecom recommendation 

Telecom

FIRS filed letters with the FCC confirming that the Executive Branch’s previously submitted views about the section 214 licenses held by Pacific Networks Corp., ComNet (USA) LLC, and China Unicom (Americas) Operations Ltd. reflected “determinations” that these pose unacceptable risks to national security under the Secure and Trusted Communications Networks Act of 2019. The FCC subsequently added these companies’ services to the Covered List.

Link to Pacific Networks/ComNet letter

Link to China Unicom letter

Link to FCC’s subsequent addition to Covered List

Supply Chain

The President issued Executive Order 14083, which elaborated and expanded on the factors used by CFIUS to review the effects of covered transactions on the national security of the United States.

Link to Executive Order

Foreign investment

DOJ’s National Security Division and the Department of Defense filed a letter with the FCC in support of its inquiry into internet routing security. The letter explained the national security risks associated with vulnerabilities in existing internet routing protocols and shared the agencies’ experience in assessing and addressing those risks. 

Link to letter

Telecom

Team Telecom recommended that the FCC grant Google’s and Meta’s applications for cable-landing licenses for a subsea fiber-optic cable connecting the United States, Taiwan, and the Philippines, conditioned on their compliance with National Security Agreements.

Link to Google NSA

Link to Meta NSA

Telecom

In response to the FCC’s request, DOJ, on behalf of interested Executive Branch agencies, provided their views regarding the national security risks posed by China Unicom (Americas) Operation Ltd.’s section 214 license. The FCC subsequently revoked China Unicom’s license.

Link to Executive Branch views

Link to FCC decision

Telecom

CFIUS Publishes Enforcement and Penalty Guidelines

Link to guidelines

Foreign investment; Compliance & Enforcement

On referral from CFIUS, the President issued an order requiring ByteDance Ltd. to divest all tangible or intangible assets or property used to enable or support the operation of the TikTok application in the United States and any derived data.

Link to Presidential Order 

Foreign investment

Team Telecom recommended that the FCC partially deny an application for a cable-landing license to the extent that it sought a direct connection between the United States and Hong Kong and to the extent that the cable system would be owned or operated by certain PRC-based entities.

Link to Team Telecom recommendation

Telecom

Team Telecom recommended that the FCC revoke and terminate China Telecom (America) Corp.’s section 214 license to provide international telecommunications services to and from the United States. The FCC subsequently revoked and terminated the license.

Link to Team Telecom recommendation

Link to FCC decision

Telecom

The President issued Executive Order 13913, which formalized Team Telecom and created a formal process to assess and address national security and law enforcement risks associated with FCC applications and licenses.

Link to Executive Order 

Telecom

On referral from CFIUS, the President issued an order requiring Beijing Shiji Information Technology Co., Ltd. to divest all interests in StayNTouch, Inc.

Link to Presidential Order

Foreign investment

Team Telecom recommended that the FCC deny China Mobile International (USA) Inc.’s application to provide international telecommunications services to and from the United States. The FCC subsequently denied China Mobile’s application.

Link to Team Telecom recommendation

Link to FCC decision

Telecom