Third-year law student I-Ching Chiu presented an analysis of the legal authority behind the Outbound Investment Security Program during the final session of the Catholic Law Student Scholars Series, according to an April 10 announcement. Chiu focused on President Biden’s 2023 executive order that restricts outbound investments in sensitive technologies under the International Emergency Economic Powers Act.
The topic is important because it addresses how national security measures can affect both regulatory processes and investor rights. Chiu argued that while it is unlikely for courts to overturn the program based on its substance, procedural due process claims could allow for judicial review. She described the history of investment screening, explained IEEPA’s statutory framework, and discussed relevant case law. Chiu also stressed that procedural safeguards are essential when Treasury makes determinations under this program.
Daniel Kim, Esq., an associate in Dechert’s national security group, responded to Chiu’s presentation by calling her work timely and well-structured. Kim asked questions about how courts may interpret IEEPA going forward and discussed challenges created by the broad scope of this new outbound investment program. He said practical compliance with these rules will require flexible frameworks based on risk assessment.
The Student Scholars Series at Catholic Law was established in 2009 to recognize significant legal scholarship produced by students each academic year and help them develop skills needed for professional conference presentations.
The event ended with a question-and-answer session and a recording of the April 9 program was made available.
