If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China.
The regulations may be established by an executive order,...more
7/27/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Corporate Counsel ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
International Trade ,
Investment ,
NDAA ,
Outbound Transactions ,
Semiconductors
Russian government approval is now required for Western companies to exit LLCs, which complicates and will likely delay exit strategies.
High-profile projects and industries, such as Sakhalin-2, continue to be targeted by...more
TAKEAWAYS -
A transfer of control of a borrower or its business to non-U.S. lenders who exercise remedies under financing documents could trigger CFIUS issues.
CFIUS regulations adopted in February 2020 dramatically...more
On March 6, 2020, President Trump issued an Executive Order (“EO”) instructing the Chinese company Beijing Shiji Information Technology Co., Ltd. (“Shiji”) to divest its acquisition of StayNTouch, Inc., a U.S.-based software...more
On December 31, 2019, the U.S. District Court for the Northern District of Texas overturned a $2 million fine imposed by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) against ExxonMobil Corp., and...more
Criminal investigations will target businesses profiting from the importation into the United States of goods made using forced labor.
The new criminal enforcement initiative seeks to leverage data about corporate supply...more
8/6/2019
/ Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Customer Due Diligence (CDD) ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Forced Labor ,
Imports ,
NGOs ,
Strategic Enforcement Plan ,
Supply Chain ,
Tariff Act of 1930 ,
Trafficking Victims Protection Act of 2000
While there is increasing scrutiny, transactions continue to be reviewed and cleared by CFIUS, even where a Chinese entity is involved.
Upcoming legislative changes will expand the definition of a “covered transaction”...more
Hundreds of American companies may have inadvertently become “foreign persons” for CFIUS purposes, at risk of being caught up in the Trump Administration’s restrictions on foreign investment.
Many people know that the...more
7/9/2018
/ Acquisitions ,
CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Cross-Border Transactions ,
FINSA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Persons ,
Joint Venture ,
Merger Controls ,
National Security ,
National Security Review Proceedings ,
Risk Mitigation
This week, the U.S. government took several steps to implement sections of the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA), with implications for Russia-related sanctions and their enforcement. On...more
As the Trump Administration continues to examine its trade relationship with China, legislators in Congress are looking to modernize the Committee on Foreign Investment in the United States (CFIUS) review process in order to...more
Both the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) have announced new amendments to the Cuban Assets Control Regulations (CACR) and Export...more
On September 1, 2016 new rules previously published by the U.S. Department of Commerce, Bureau of Industry and Security (BIS)1 and the U.S. Department of State, Directorate of Defense Trade Controls (DDTC)2 will become...more
9/2/2016
/ Bureau of Industry and Security (BIS) ,
Cloud Computing ,
Corporate Counsel ,
Data Security ,
Digital Data ,
Directorate of Defense Trade Controls (DDTC) ,
Encryption ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Modification ,
Passwords