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Final Rules Foreign Investment

Foley Hoag LLP

Treasury Subjects Investment Advisers to Anti-Money Laundering Requirements

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On August 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued its final rule requiring certain investment advisers to implement anti-money laundering (“AML”) compliance...more

Davies Ward Phillips & Vineberg LLP

IRS Relaxes Rules for Domestically Controlled REITs

Non-U.S. investors are generally subject to U.S. federal income tax on gains from investments in private U.S. real estate investment trusts (REITs). Two exceptions (among others) are for investments in “domestically...more

Skadden, Arps, Slate, Meagher & Flom LLP

Final ‘Domestically Controlled REIT’ Regulations Retain Corporate Look-Through With Some Modifications

On April 24, 2024, the Treasury Department released final regulations that alter key rules affecting many real estate funds and foreign investors in U.S. real estate....more

Jones Day

UK FCA Publishes Sustainability Disclosure Requirements and Investment Labels

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On November 28, 2023, the UK's Financial Conduct Authority ("FCA") published its long-awaited final rules and guidance on Sustainability Disclosure Requirements ("SDR") and investment labels. According to the FCA, it intends...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 10

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Senators Focus Attention on Litigation Funding’s Opacity - Building on the momentum we previously noted related to litigation funding, on September 14, Senator John Kennedy introduced the Protecting Our Courts from Foreign...more

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

Jones Day

Biden Administration Issues Highly Anticipated Executive Order on U.S. Investment in China

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The Biden administration has issued a long-anticipated executive order targeting U.S. outbound investment in certain Chinese industries; however, significant steps remain before these measures are fully implemented....more

Cozen O'Connor

SEC Adopts Final Rules for Share Repurchase Disclosure

Cozen O'Connor on

On May 3, 2023, the Securities and Exchange Commission (SEC) adopted final rules that significantly increase issuers’ disclosure obligations by requiring more detailed periodic disclosure about repurchases and issuer trading...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

HaystackID on

Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

Holland & Knight LLP

CFIUS Updates the List of Excepted Foreign States

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During the first week of January, the Committee on Foreign Investment in the United States (CFIUS), chaired by the U.S. Department of the Treasury (Treasury), published a series of rules and notices regarding the definitions...more

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

Morgan Lewis on

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more

Vinson & Elkins LLP

BIS Expands Export Controls over Biotechnology Software with Implications for CFIUS Mandatory Filing Requirements

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On October 5, 2021, the Bureau of Industry and Security (“BIS”) issued a final rule formally expanding its controls over the export of biotechnology software. ...more

Fenwick & West LLP

New Controls on Biotech Software May Restrict Exports, Trigger CFIUS Filings

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On October 5, 2021, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published a final rule amending the Export Administration Regulations (EAR) to include new controls on genetic editing software and...more

Jackson Walker

Judge Voids EB-5 Immigrant Investor Modernization Rule, Restoring Old Investment Amounts and Targeted Employment Area Standards

Jackson Walker on

On June 22, 2021, Magistrate Judge Jacqueline Scott Corley of the Northern District of California ruled that Former Acting Homeland Security Secretary Kevin McAleenan exceeded his statutory authority in issuing the July 2019...more

Kelley Drye & Warren LLP

How New CFIUS Rules on Critical Technology Affect CFIUS Filing Strategy

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The Department of Treasury’s office that administers reviews of foreign investments in U.S. companies is changing how it identifies critical technology businesses and related technologies that require mandatory review during...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

ArentFox Schiff on

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s...more

Sheppard Mullin Richter & Hampton LLP

Lend Me Your EARs: CFIUS Makes Export Controls a Trigger for Mandatory Filings

On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). While that...more

BCLP

CFIUS Adopts Final Mandatory Declaration Rule, Refocusing on Export Control Requirements

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On October 15, 2020, the United States Department of the Treasury will implement a final rule modifying certain provisions of the regulations of the Committee on Foreign Investment in the United States (CFIUS), implemented...more

Cooley LLP

Alert: CFIUS Final Rule Leverages Export Control Principles to Redefine Mandatory Filing Requirements

Cooley LLP on

On September 15, 2020, the US Department of the Treasury issued a Final Rule comprising the latest regulation in an ongoing effort to reform the way the United States reviews and confronts the national security implications...more

White & Case LLP

New CFIUS Critical Technology Mandatory Filing Requirements Take Effect October 15th

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On September 15, 2020, the US Treasury Department published a final rule modifying the mandatory Committee on Foreign Investment in the United States (CFIUS) filing requirements for certain foreign investments in US...more

Skadden, Arps, Slate, Meagher & Flom LLP

Treasury Department Issues Final Rule for Mandatory CFIUS Filing Requirements Based on ‘Critical Technology’

On September 15, 2020, the Treasury Department issued final regulations that define when it is mandatory to file with the Committee on Foreign Investment in the United States (CFIUS). This final rule builds on regulations...more

Goodwin

U.S. Department Of The Treasury Publishes Final Rule Modifying The Mandatory CFIUS Filing Requirements For Critical Technology...

Goodwin on

On September 15, 2020, the U.S. Department of the Treasury issued a final rule modifying the mandatory filing requirements associated with reviews conducted by the Committee on Foreign Investment in the United States (CFIUS)...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Implements Mandatory Filing Based on Export Licensing

- On September 15, Treasury published a Final Rule adopting changes to the CFIUS mandatory filing framework for covered transactions involving critical technologies. - Rather than being pegged to targeted industries...more

Dechert LLP

CFIUS Finalizes Changes to Mandatory Declaration Regulations

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President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018. FIRRMA made several substantial changes to the CFIUS process and expanded the scope of the...more

Morrison & Foerster LLP

New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...more

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