See Credit Details Below
Overview
In 2024, the U.S. Department of Commerce (“Commerce”) has significantly ramped up activity under its regulations on Securing the Information and Communications Technology and Services Supply Chain (“ICTS”) (15 C.F.R. Part 791), which are intended to address threats to the U.S. technology supply chain from malign foreign actors. Specifically, these rules empower Commerce to conduct national security reviews of ICTS transactions, including acquisition of ICTS from abroad and its deployment in the United States, where there is a nexus with a “foreign adversary” such as China or Russia.
These rules are relevant to companies involved in telecommunications, connected applications, network infrastructure, artificial intelligence, autonomous technology, and other emerging technologies, or with a nexus to critical infrastructure. In particular, Commerce has broad authority to investigate—and regulate—covered ICTS transactions involving (a) persons or property subject to U.S. jurisdiction, and (b) property in which a foreign person has an interest.
This year, with new executive leadership in place to administer the ICTS program, Commerce has intensified its efforts to address national security threats to the ICTS supply chain. These actions have included issuance a proposed rule regarding infrastructure as a service (“Iaas”), an advance notice of proposed rulemaking regarding connected vehicles, and the first-ever final rule banning certain technology under the ICTS program.
Anthony Rapa is a partner at Blank Rome LLP and leads the firm’s National Security team. During his 17 years of practice, he has advised clients across a range of industries, including technology / software, semiconductors, automotive, and telecommunications, on international risk issues such as export controls, supply chain security, and economic sanctions. Please join Mr. Rapa as he discusses:
- The history and purpose of the ICTS rules [5 minutes]
- Types of ICTS transactions subject to review [7 minutes]
- Types of ICTS in scope of the rules [7 minutes]
- The Commerce Department’s review criteria [8 minutes]
- The Commerce Department’s review process [7 minutes]
- ICTS administration / enforcement to date [13 minutes]
- Compliance tips [8 minutes]
- Where we go from here [5 minutes]
Who Should Attend: In-house counsel, outside attorneys, compliance and other allied professionals with an interest in ICTS supply chain rules
Program Level: Update
Prerequisites: None
Advanced Preparation: None
Faculty:
Anthony Rapa
Blank Rome LLP