On September 6, 2024, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department issued an interim final rule expanding export controls on certain emerging technologies: Quantum Computing: Quantum computers,...more
The Committee on Foreign Investment in the United States (CFIUS) has taken another significant step in transforming from a limited jurisdiction interagency committee that primarily reviewed voluntary filings into a body with...more
The Committee on Foreign Investment in the United States (CFIUS) reportedly observed limits on its authority in a recent case to examine and potentially disturb foreign investment transactions for national security reasons....more
The President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more
Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more
As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more
9/16/2020
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
Regulatory Requirements
On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System” (“E.O. 13920”) to address what the Trump Administration considers to be national security threats to the U.S....more
6/17/2020
/ Bulk Electric System ,
CFIUS ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Executive Orders ,
Foreign Suppliers ,
National Security ,
Power Purchase Agreements ,
Supply Chain ,
Trump Administration
The Committee on Foreign Investment in the United States (“CFIUS”) issued a proposed rule on May 21, 2020 that would: (a) modify the scope of the mandatory filing regime for certain “critical technology” transactions by...more
The U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”) collects statistics related to U.S. international investment and trade in services. This alert summarizes a current BEA reporting requirement related to...more
On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System (“E.O. 13920”),” to authorize restrictions on “bulk-power system electric equipment” if there is a connection to a...more
For the first time, starting on May 1, 2020, parties that submit formal notices to the Committee on Foreign Investment in the United States (“CFIUS”) with respect to covered foreign investment transactions and covered real...more
It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more
To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more
3/12/2020
/ CFIUS ,
Comment Period ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Proposed Regulation ,
Public Comment ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Reporting Requirements
The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more
1/21/2020
/ CFIUS ,
Change of Control ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment ,
Investment Funds ,
Jurisdiction ,
National Security ,
New Regulations ,
Personal Data ,
Popular ,
Principal Place of Business ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Sensitive Personal Information
The Committee on Foreign Investment in the United States (CFIUS) has published proposed regulations that, when finalized, will...more
9/30/2019
/ Acquisitions ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
Personal Data ,
Proposed Regulation ,
Real Estate Market ,
Real Estate Transactions ,
Regulatory Agenda ,
Rulemaking Process ,
Technology Sector
In the last three weeks, the Committee for Foreign Investment in the United States (CFIUS) has reportedly informed two Chinese companies that they must sell their stakes in two U.S. companies....more
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") published a notice of proposed rulemaking requesting public comment on the U.S. government's process for identifying "emerging...more
On August 13, 2018, the United States enacted the Export Control Reform Act and the Foreign Investment Risk Review Modernization Act (“FIRRMA”) to...more
Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more
8/6/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Control Reform (ECR) ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Foreign Policy ,
Investment Funds ,
Jurisdiction ,
Licenses ,
National Security ,
Pending Legislation ,
Popular ,
Screening Procedures ,
Technology Sector ,
Technology Transfer Agreements ,
Trump Administration
On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more
12/9/2016
/ Acquisitions ,
CFIUS ,
China ,
Corporate Counsel ,
Defense Production Act ,
Exon-Florio ,
Foreign Entities ,
Foreign Investment ,
Foreign Policy ,
Germany ,
Investment Funds ,
National Security ,
Obama Administration ,
Popular ,
Regulatory Oversight ,
Technology ,
Technology Sector ,
Transition Team ,
Trump Administration