News & Analysis as of

Department of Defense (DOD) Foreign Investment

Hogan Lovells

Proposed changes to real estate regulations would expand geographic reach of CFIUS jurisdiction

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On July 8, 2024, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States, announced a notice of proposed rulemaking addressing amendments to CFIUS’s...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Real Estate Transactions Near Military Sites

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On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more

Dechert LLP

DoD's List of “Chinese Military Companies”: What's New and What It Means for You

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The U.S. Department of Defense (“DoD”) updated its list of “Chinese military companies” operating “directly or indirectly” in the United States on January 31, 2024, adding 17 new entities and removing three. The list was...more

Brownstein Hyatt Farber Schreck

U.S. Policies on China to Watch in 2024

As the first session of the 118th Congress comes to a close, Congress unveiled a vast array of policy recommendations and legislation furthering their focus on U.S.-China strategic competition. Throughout the year, China...more

Wiley Rein LLP

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

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Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more

Akin Gump Strauss Hauer & Feld LLP

Akin Intelligence - September 2023

Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more

Dorsey & Whitney LLP

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

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As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more

Haynsworth Sinkler Boyd, P.A.

What does the new CFIUS proposed rule mean for foreign investment?

Last month, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed rule that could restrict foreign investment in real estate located near certain military bases. As background, CFIUS is made up...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, May 2023 #2

China Rejects U.S. Request for Defense Chief Meeting. The Chinese government has declined a U.S. request for a meeting between the defense chiefs for the two nations, according to an announcement from the Pentagon. The...more

Hogan Lovells

Proposed rule would expand CFIUS’s jurisdiction regarding U.S. real estate

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On May 5, 2023, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule in the Federal Register that would (i) expand by...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, Feb. 2023

More Unidentified Flying Objects. The U.S. military shot down three unidentified flying objects over the United States and Canada over the weekend, just one week after a Chinese spy balloon traversed the country and was...more

Morrison & Foerster LLP

National Defense Authorization Act Implications for U.S. Sanctions Programs

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After months of negotiations, Congress revealed the compromise version of the National Defense Authorization Act for Fiscal Year 2023 (NDAA) on December 6, 2022. The bill, viewed as a “must-pass” piece of legislation because...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 5, 2022

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On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more

Holland & Knight LLP

5 Key Takeaways from the 2022 Inaugural CFIUS Conference

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The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more

American Conference Institute (ACI)

[Event] 8th National Conference on CFIUS - April 26th - 27th, Washington, DC

The Country's Premier Gathering of Government, Outside Counsel, Advisors, and In-House Executives - ACI’s 8th National Conference on CFIUS is back in person on April 26 – 27! Widely regarded as the premier event for the...more

Eversheds Sutherland (US) LLP

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more

Miller Canfield

Recent Developments on U.S. Ban on American Investment in Chinese Military Companies

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This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters. OFAC's Frequent Asked Questions -...more

Wiley Rein LLP

New DOD Trusted Capital Program Provides Investment Opportunities

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WHAT: The U.S. Department of Defense (DOD) has established a new voluntary program designed to match critical technology companies with vetted sources of private capital. WHEN: On December 1, 2020, DOD issued a Request for...more

Jones Day

New Executive Order Bars Certain U.S. Investments in Chinese "Military Companies"

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On November 12, 2020, President Trump issued an Executive Order titled "Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies," which will prohibit U.S. persons from participating...more

Dorsey & Whitney LLP

Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military

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On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more

Miller Canfield

President Trump Bans American Investment in Chinese Military Companies

Miller Canfield on

On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more

ArentFox Schiff

Trump Administration Bars Investments by US Persons in Communist Chinese Military Companies

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In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments. On November 12, 2020,...more

Husch Blackwell LLP

Executive Order Prohibits U.S. Persons From Investing In “Communist Chinese Military Companies”

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President Trump issued an Executive Order (“E.O.”) on November 12, 2020 titled “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The E.O., which will be published in the...more

Lowenstein Sandler LLP

Feds Reach Into Real Estate Deals Extended In Name Of National Security

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Could your upcoming commercial real estate transaction or investment raise national security concerns? Under recently developed federal law, the Committee on Foreign Investment in the United States (CFIUS), a...more

Lowenstein Sandler LLP

Opportunities For Technology Companies To Be Matched With Investors By Department Of Defense

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The U.S. Department of Defense (DOD) is offering to match U.S. companies with investors through its new Trusted Capital Program. The impetus for the program is to counter what the DOD characterizes as “adversarial capital”:...more

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