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Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Dechert LLP

Biden Administration Unwinds Chinese Real Estate Investment Near Military Base

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The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more

American Conference Institute (ACI)

Industry Responses to the U.S. Outbound Investment Regulatory Regime

The only thing truly certain about the proposed U.S. outbound investment regulatory regime is that a lot of uncertainty remains. But industry responses garnered during the comment period may, at least partly, foretell the...more

Dechert LLP

What Dealmakers Should Know about Congress’ Wish List for CFIUS

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Congress continues to put pressure on the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), increasingly informing the context in which the Committee conducts its work. Last week, for...more

Morrison & Foerster LLP

CFIUS Seeks to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

Cozen O'Connor

Canada Proposes Sweeping National Security Updates to Investment Canada Act

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Foreign investors in Canadian businesses are set to face tougher national security review provisions under the Investment Canada Act (the ICA). Canada’s Minister of Innovation, Science, and Industry proposed sweeping...more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

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Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

Orrick, Herrington & Sutcliffe LLP

Unwound: UK government orders reversal of semiconductor deal on national security grounds

The UK government has exercised its powers under the UK’s national security and investment regime to unwind Chinese-owned Nexperia’s acquisition of Newport Wafer Fab (“NWF”), a semiconductor wafer factory located in Newport,...more

Holland & Knight LLP

Holland & Knight's China Practice Newsletter: November-December 2022

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Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more

BCLP

Foreign direct investment - Global trends and developments

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The regulation of foreign direct investment, or FDI, has been in the spotlight for most of 2022 and will likely remain a key issue for dealmakers and cross-border M&A in 2023. Globally, we continue to see a trend towards...more

HaystackID

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

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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

China Task Force Has Concerns with Foreign Investments Outside Jurisdiction of CFIUS

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In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more

Davies Ward Phillips & Vineberg LLP

Foreign Investment Review in Canada: Top Trends and Developments for 2022

The past year generated substantial interest in the operation of the Investment Canada Act (ICA), especially the national security review process, against the backdrop of changes in government policy that purport to...more

Sheppard Mullin Richter & Hampton LLP

China Issued 2021 Version of Negative List for Foreign Investment

The National Development and Reform Commission of China and Ministry of Commerce of China jointly released, on December 27, 2021, the “Special Administrative Measures for Foreign Investment Access (Negative List)” (2021...more

Davies Ward Phillips & Vineberg LLP

China Mobile Case Illustrates Breadth of Canada’s National Security Review Regime

After operating in Canada for five years, China Mobile International (Canada) Inc. (CMI) was ordered by the Canadian government in August 2021 to shut down or divest its Canadian operations because of national security...more

White & Case LLP

CFIUS set to continue careful scrutiny under Biden Administration

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President Joe Biden's approach to the national security risks posed by foreign-backed M&A may differ in style from his predecessor, but not in substance - Under the Biden administration, the Committee on Foreign Investment...more

McDermott Will & Emery

Radar Specialist: German Government Prohibits Takeover by Chinese Investor

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The sharp sword of prohibiting a M&A transaction because of threats to public order or security is eventually being applied. IN DEPTH - After years of continuous tightening of foreign trade law, several papers including...more

Latham & Watkins LLP

Foreign Investment Controls - Are We Seeing a More Nuanced Approach to Private Equity?

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Amid FDI screening regime expansion, deal teams have opportunities to capitalise on newly available exemptions, but must beware novel complexities. US intervention in the proposed acquisition of hotel-software company...more

American Conference Institute (ACI)

[Webinar] CFIUS in the Time of Covid-19: Addressing Dealmakers’ Top 5 Biggest Questions - May 19th, 1:00 pm - 2:00 pm EST

Looking for authoritative information about the latest developments and challenges the current crisis will raise in CFIUS? During these uncertain times, dealmakers and their counsel have many burning questions surrounding...more

Williams Mullen

CFIUS Requirements Expanded Under New Regulations; President Orders Yet Another CFIUS Divestiture

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CFIUS has adopted a series of new amendments to its regulations that significantly expand its jurisdiction in the M&A process. In addition, President Trump has ordered another divestiture of a Chinese acquisition of a U.S....more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] The State of M&A in the UK, Europe and Beyond

In this episode, Akin Gump international competition and trade partner Davina Garrod and corporate partner Gavin Weir discuss M&A in the U.K., EU, U.S., China and more, its state of health and where it might go in 2020....more

Dorsey & Whitney LLP

China Forex Liberalization Unlocks Massive M&A Opportunities for Foreign Invested Enterprises

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On October 23rd, 2019, the State Administration of Foreign Exchange (“SAFE”) issued a Circular on Further Promoting the Facilitation of Cross-border Trade and Investment (Hui Fa [2019] No.28) ("Circular 28"). The Circular 28...more

Latham & Watkins LLP

CFIUS Annual Report: 10 Key Takeaways for Calendar Years 2016 and 2017

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The number of CFIUS notices filed is growing, more cases are extending into an investigation phase, and instances of pulling and refiling CFIUS notices are increasing. On November 22, 2019, the Committee on Foreign...more

McDermott Will & Emery

Special Report - Chinese Outbound Investments - The Regulatory Landscape

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CHINESE OUTBOUND INVESTMENTS – THE SELLER’S PERSPECTIVE - 1. CHINESE REGULATION – 1.1 The Chinese Regulations Applicable to Chinese Outbound Investments – Generally, any outbound investment by a Chinese enterprise...more

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