News & Analysis as of

Foreign Investment NPRM

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – Summer 2024

You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions and policy changes and providing a bit of our insight. -...more

Sheppard Mullin Richter & Hampton LLP

Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions

As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions....more

Akerman LLP

Treasury Proposes Expansion of CFIUS Real Estate Jurisdiction

Akerman LLP on

On July 19, 2024, the U.S. Department of the Treasury (Treasury) published a Notice of Proposed Rulemaking (NPRM) that seeks to expand the Committee on Foreign Investment in the United States’ (CFIUS) jurisdiction over real...more

Dorsey & Whitney LLP

New NPRM Augments Executive Order 14105 Affecting Outbound U.S. Investment into China

Dorsey & Whitney LLP on

The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more

Patomak Global Partners

Treasury Issues Notice of Proposed Rulemaking Implementing the White House’s Executive Order on Outbound Investment

On 21 June, the Department of the Treasury (Treasury) issued a notice of proposed rulemaking (NPRM) to implement President Biden’s August 2023 Executive Order 14105 (EO 14105 or “the EO”) which directed restrictions and...more

Cadwalader, Wickersham & Taft LLP

U.S. Treasury Proposes Regulation of U.S. Outbound Investments

On June 21, 2024, the U.S. Department of Treasury (“Treasury”) issued a notice of proposed rulemaking (“Proposed Rule”) that would regulate certain U.S. transactions with persons of a country of concern involved in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Proposes Expanded Real Estate Jurisdiction

On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

Lowenstein Sandler LLP on

What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Alston & Bird

Treasury to Sharpen CFIUS Procedures and Enforcement

Alston & Bird on

Proposed changes to how the Committee on Foreign Investment in the United States (CFIUS) can request information and impose civil penalties signal that CFIUS will increasingly focus on compliance and enforcement. Our...more

Morrison & Foerster LLP

CFIUS Updates: New Rules to Sharpen Process and Enforcement Authorities

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) unveiled updates to its regulations that sharpen CFIUS’s processes and enforcement authorities. Together with remarks by U.S. government...more

Bass, Berry & Sims PLC

CFIUS Update: Larger Penalties, Sharper Monitoring

Bass, Berry & Sims PLC on

On April 11, the U.S. Treasury Department promulgated a Notice of Proposed Rulemaking (NPRM) amending the regulations that govern the operations of the Committee on Foreign Investment in the United States (CFIUS) to increase...more

Pillsbury - Global Trade & Sanctions Law

Treasury Announces Proposed Rule to Update CFIUS Regulations and Bolster Enforcement

On April 11, 2024, the U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM), which is the first substantive...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess...more

Holland & Hart LLP

CFIUS Proposed Rule Aims to Strengthen Penalty and Enforcement Measures

Holland & Hart LLP on

The US Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently released a Notice of Proposed Rulemaking (NPRM) to augment certain CFIUS...more

Akerman LLP

Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

Akerman LLP on

On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on...more

White & Case LLP

CFIUS Proposes Regulatory Updates to Shorten Mitigation Negotiation Timelines for Transaction Parties & Expand CFIUS Authorities...

White & Case LLP on

On April 11th, the US Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM) to "enhance certain CFIUS procedures and sharpen...more

Wiley Rein LLP

Treasury Proposes Stronger CFIUS Penalties, Broader Subpoena and Enforcement Powers

Wiley Rein LLP on

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more

Cozen O'Connor

Proposed CFIUS Rules Affirm Evolution and Growth of Review Process, Expansion of Penalties

Cozen O'Connor on

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed update expanding its mitigation and enforcement provisions, the first such action since the enactment of the Foreign...more

Hogan Lovells

FCC Fortifies International Section 214 Holder Obligations to Promote National Security

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The Federal Communications Commission recently made significant changes to its rules for holders of international Section 214 authorizations, which allow carriers to provide telecommunications services between the U.S. and...more

Womble Bond Dickinson

USCIS Proposes Significant Fee Increases for Immigration Services; Will Impact U.S. Employers and Foreign Investors

Womble Bond Dickinson on

On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Notice of Prospective Rulemaking proposing a sweeping fee hike for immigration services across the board. The proposed fee increases range between...more

Womble Bond Dickinson

What The FCC’s Foreign Ownership Move Means To You

Womble Bond Dickinson on

In a notice of proposed rule making that impacts existing US radio broadcasters in only a most ancillary way, the FCC is proposing to streamline and make more transparent its review and coordination of foreign ownership...more

Morgan Lewis

FCC May Ease the Way for Foreign Investment in Telecommunications Industry

Morgan Lewis on

The FCC seeks public input on how it can change the rules that limit direct and indirect foreign ownership in media and telecommunications companies to reduce barriers to foreign sources of capital without compromising...more

Kelley Drye & Warren LLP

O’Reilly Paints Team Telecom As an “Inextricable Black Hole” for Applicants, but Will His Call for Reform Fare Better?

On October 1, Chairman Wheeler announced that he has circulated a Notice of Proposed Rulemaking among his fellow Commissioners that would seek comment on simplifying the FCC’s foreign ownership approval process for broadcast...more

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