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Christopher Stagg Comments on the Impact of the Commerce Department's Delay in Issuing Emerging and Foundational Technology Controls in Export Compliance Daily

"BIS's ECRA Delay Not Significantly Hampering CFIUS Efforts, Lawyers Say"

Export Compliance Daily

Christopher Stagg commented on how the Commerce Department's delay in issuing emerging and foundational technology controls may not be hampering U.S. foreign investment reviews. Although the Committee on Foreign Investment in the United States (CFIUS) now has expanded authority to specifically target transactions involving emerging and foundational technologies, those underlying regulations have not yet been implemented by the Commerce Department. Stagg told Export Compliance Daily that the impact on CFIUS is likely "minimal" because its review is still far-sweeping, as it already covers entities that are involved in a wide range of critical technologies and certain real estate transactions. "They probably already have enough to chew on at this point."