New CFIUS Law Moves to Protect Emerging Technologies and Personal Information, Takes Aim at Chinese Investment

Shearman & Sterling LLP
Contact

On August 13, 2018, President Trump signed into law legislation that will sharpen the rules governing U.S. national security reviews by the Committee on Foreign Investment in the United States (CFIUS). The final legislation will intensify scrutiny of foreign investments in U.S. critical infrastructure and critical technology companies and investments by Chinese companies, although some of the more draconian measures included in the original bill have been stripped. Most noticeable among the changes in the final legislation is a retreat from an attempt to extend CFIUS jurisdiction to outbound investments such as joint ventures located abroad. The legislation instead relies on U.S. export control laws to reach a variety of transactions that fall short of acquisitions or significant investments, in an attempt to limit the transfer of U.S. technology to certain foreign countries, especially China. In many ways, the final legislation gives CFIUS more authority to accomplish what it already has been doing—focusing on technology sectors, China, access to personal information, and investments in companies in proximity to sensitive U.S. Government facilities.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Shearman & Sterling LLP | Attorney Advertising

Written by:

Shearman & Sterling LLP
Contact
more
less

Shearman & Sterling LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide