Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern

2023-08-11Executive Order 14105
Signed by: Joseph R. Biden Jr.
Share:

Headline: Orders Treasury Department to Notify and Ban Certain Foreign Investments

What it does: Agencies must require United States persons to notify the Treasury Department about certain outbound investments and bar specified transactions with covered foreign persons involving sensitive technologies.

Real World Impact:
  • Requires U.S. investors to notify Treasury about certain overseas technology investments.
  • May ban or force divestment of investments that advance foreign military or intelligence technologies.
  • Creates new reporting, confidentiality, and enforcement requirements for companies and affiliates.
Topics: investment rules, technology security, semiconductors and microelectronics, artificial intelligence, national security

Summary

This order declares a national emergency and directs the Treasury Department to issue rules requiring United States persons to notify the government about certain outbound investments and prohibiting other transactions with specified foreign parties.

It covers sensitive technologies in semiconductors and microelectronics, quantum information, and artificial intelligence. The rules can include confidentiality protections, require reporting by foreign affiliates, allow investigations and civil penalties, and could force divestment. The order aims to stop countries of concern from using United States investment to strengthen military or intelligence capabilities.

Ask about this order

Ask questions about this executive order and its implications.

What agencies are affected by this order?

How does this order change existing policy?

What are the practical implications of this order?

Related Executive Orders