Blank Rome partner Anthony Rapa will serve as faculty for “The Emergence of the ICTS Supply Chain Rules: Recent U.S. Commerce Department Actions Usher in the Age of Inbound Technology Regulation,” a one-hour live online briefing being presented by Practising Law Institute (“PLI”) on Thursday, October 10, 2024, from 3:00 to 4:00 p.m. EDT
ABOUT THE PROGRAM
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, an advance notice of proposed rulemaking regarding connected vehicles, and the first-ever final rule banning certain technology under the ICTS program.
Topics to be covered include:
- The history and purpose of the ICTS rules
- Types of ICTS transactions subject to review
- Types of ICTS in scope of the rules
- The Commerce Department’s review criteria and review process
- ICTS administration / enforcement to date
- Compliance tips
- Where we go from here
CLE credit may be available.
To register or for more information, please visit the program webpage.
