Potential Judicial Review of the Legal Authority of the Outbound Investment Security Program
Document Type
Event
Publication Date
4-9-2026
Abstract
In the final presentation of the Catholic Law Student Scholars Series, third-year law student I-Ching Chiu delivered an insightful analysis of the legal authority surrounding the Outbound Investment Security Program. Chiu's presentation explored the Biden administration's 2023 executive order restricting outbound investments in sensitive technologies under the International Emergency Economic Powers Act (IEEPA). Chiu argued that while the program is unlikely to be overturned on substantive grounds, procedural due process claims could provide a viable avenue for judicial review. She meticulously outlined the historical context of investment screening, the statutory framework of IEEPA, and relevant case law, emphasizing the importance of procedural safeguards in Treasury's determinations. Her analysis highlighted the tension between national security concerns and the need for transparency and fairness in regulatory processes.
Recommended Citation
Chiu, I-Ching, "Potential Judicial Review of the Legal Authority of the Outbound Investment Security Program" (2026). Student Scholar Series. 52.
https://scholarship.law.edu/student_scholar/52
