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Cross-Border Transactions National Security Review Proceedings

Dechert LLP

Highlights from Recent CFIUS Annual Report

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Background CFIUS is an interagency committee, principally comprising of nine members and chaired by the Secretary of the Treasury, which has broad powers to review foreign investments in and acquisitions of U.S. businesses to...more

Wilson Sonsini Goodrich & Rosati

Proposed Legislation Seeks to Create "Reverse CFIUS": National Security Review of Outbound Activity Benefiting Entities or...

U.S. lawmakers have proposed requiring government approval for certain outbound investments, much as today's Committee on Foreign Investment in the United States regime requires a national security review of certain...more

K2 Integrity

Potential CFIUS Implications of Proposed Strategic Competition Act of 2021

K2 Integrity on

The Strategic Competition Act of 2021, approved by the Senate Foreign Relations Committee on April 21, 2021, signals continued bipartisan consensus to orient U.S. policy towards aggressive action to counter China....more

Hogan Lovells

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

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Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more

A&O Shearman

CFIUS Proposes Filing Fees for Transaction Reviews

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The U.S. Department of the Treasury late yesterday released a draft set of regulations that would establish, for the first time, filing fees for most transactions submitted to the Committee on Foreign Investment in the United...more

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ Final Regulations

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On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), finalized two sets of regulations to implement the Foreign Investment Risk...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: United States

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Most deals are approved, but the landscape is becoming increasingly complex, as more types of transactions are subject to review and some filings are mandatory. The Committee on Foreign Investment in the United States...more

ArentFox Schiff

CFIUS 2.0: Treasury Releases Comprehensive Rewrite of CFIUS Regulations, Flood of Filings Expected in 2020

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On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk...more

White & Case LLP

Peak performance: US M&A in 2018: Confidence, cash and tax cuts: The US M&A landscape in 2018

White & Case LLP on

The US M&A market delivered another year of strong performance in 2018. Though deal volume dipped 2 percent year-on-year to 5,682 deals, deal value was up by 15 percent over the period, to US$1.5 trillion - A number of...more

White & Case LLP

Cross-border tech M&A in a disrupted world: Challenges remain: Geopolitics and regulations can be decisive

White & Case LLP on

Despite the opportunities available in the market, the changing face of global politics is exerting an increasing influence over deals. Almost half of respondents (47 percent) point to trade wars and rising protectionism as...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS in the Face of a Prolonged Government Shutdown: What It Means for Deals

As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more

Hogan Lovells

Foreign fund investments in US critical technologies potentially subject to mandatory CFIUS filings

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The Department of the Treasury recently released interim rules establishing a pilot program under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that mandates filings for foreign investments in certain...more

Fenwick & West LLP

Shaking up Terra FIRRMA: Implications of CFIUS Reform for Tech and Life Sciences Companies

Fenwick & West LLP on

The shadow cast over the technology industry by the Committee on Foreign Investment in the U.S. has been growing in recent years, resulting in the blocking of various high-profile technology deals—including Broadcom’s...more

BCLP

Top Takeaways from CFIUS Reform

BCLP on

On August 13, President Trump signed into law the National Defense Authorization Act of 2019 (NDAA), a $716 billion defense spending bill that includes the Foreign Investment Risk Review Modernization Act (FIRRMA), which...more

Bass, Berry & Sims PLC

Proposed CFIUS Reform Moves Forward

Bass, Berry & Sims PLC on

• FIRRMA would significantly expand CFIUS jurisdiction. • Mandatory filing would be required in some cases. • Parties that protect and maintain personal information are likely to face more scrutiny....more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS: Inadvertent “Foreign Person” Status

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

A&O Shearman

M&A Watch: Changes to CFIUS Reviews are Coming, Likely Sooner than Later

A&O Shearman on

Proposed legislation that would sharpen the law governing U.S. national security reviews by the Committee on Foreign Investment in the United States (CFIUS) continues to move through Congress with bipartisan support, and...more

Dechert LLP

The Coming Storm? CFIUS Reform and Considerations for Private Equity

Dechert LLP on

As the United States Congress debates new legislation to strengthen reviews of cross-border transactions for potential national security concerns, the Committee on Foreign Investment in the United States (CFIUS or the...more

A&O Shearman

Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation’s Industries?

A&O Shearman on

In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more

Sheppard Mullin Richter & Hampton LLP

Tracking Trends in CFIUS Review Process Based on Recently Released 2015 Annual Report

Last month, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress for 2015 (the “2015 Annual Report”) and its cumulative table summarizing foreign investment activity from...more

Skadden, Arps, Slate, Meagher & Flom LLP

Russia Tightens Control Over Transactions Involving Foreign Investors

Amendments in July 2017 to Russian foreign investment laws have resulted in a significant tightening of control over transactions involving (including investments in) Russian companies by foreign investors...more

McDermott Will & Emery

THE LATEST: National Security Reviews of Foreign Ownership May Broaden

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The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced “syphius”) reviews M&A transactions that may pose a risk to national security through foreign control of a US business. (See our recent...more

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