News & Analysis as of

Foreign Investment Public Comment

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

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

Latham & Watkins LLP on

The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Eversheds Sutherland (US) LLP

Treasury proposes expansion of CFIUS authorities

On April 11, 2024, the US Department of the Treasury issued, for notice and comment, proposed modifications (Proposed Rule) to certain Committee on Foreign Investment in the United States (CFIUS or Committee) regulations. In...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

A&O Shearman

Treasury Proposes New Regulatory Regime For Certain Outbound Investments

A&O Shearman on

After over a year of anticipation, on August 9, 2023, President Biden issued an Executive Order (“EO”) outlining a new regulatory regime for outbound investments from the United States. The EO targets certain U.S. investments...more

Dorsey & Whitney LLP

Executive Order 14105 on Outbound Investment in China and Proposed Rule

Dorsey & Whitney LLP on

On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more

Eversheds Sutherland (US) LLP

The long-awaited US outbound investment program - what’s proposed and what’s the scope and effect

After months of deliberation, on August 9, 2023, President Biden issued the executive order “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (Order), with...more

BakerHostetler

Outbound Investment Restrictions Will Impact Investments in China

BakerHostetler on

On August 9, 2023, the President issued a widely anticipated executive order ("EO") establishing the framework for a U.S. outbound investment program to address threats to U.S. national security created by certain...more

A&O Shearman

Biden Administration Moves to Restrict Outbound Investment to China

A&O Shearman on

On August 9, 2023, the Biden Administration issued a long-awaited Executive Order (the EO) that is intended to address the potential national security threats posed by outbound investment from the United States to certain...more

Torres Trade Law, PLLC

President Biden Issues Executive Order Addressing Outbound Investments

Torres Trade Law, PLLC on

On August 9, 2023, President Biden issued an Executive Order (“E.O.”) on outbound investment regulation. This long-anticipated action marks the first time the U.S. government has sought to regulate investments made abroad by...more

Dorsey & Whitney LLP

Outbound Investment Screening Becomes a Reality

Dorsey & Whitney LLP on

On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”)....more

Goodwin

Commerce Department Proposes New Export Controls On Gene-Editing Software That Will Also Expand The Scope Of Mandatory CFIUS...

Goodwin on

On Friday, November 6, 2020, the Commerce Department’s Bureau of Industry & Security (BIS) issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding newly-proposed controls on certain software for...more

Dechert LLP

CFIUS Publishes Proposed Rule to Change Mandatory Declaration Requirements

Dechert LLP on

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

Goodwin

U.S. Department of The Treasury Proposes Rule to Modify Mandatory CFIUS Filing Requirements for Critical Technology Companies

Goodwin on

On May 20, 2020, the U.S. Department of the Treasury issued a proposed rule modifying the mandatory filing requirements associated with certain foreign investments in U.S. businesses that deal with “critical technologies.”...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Allen Matkins

New Filing Fees in Connection with CFIUS Review of Foreign Participation in U.S. Real Estate Transactions

Allen Matkins on

Real estate transactions subject to Committee on Foreign Investment in the United States (CFIUS) review, including those involving foreign participation through investment, acquisition, or management of U.S. real property or...more

Akin Gump Strauss Hauer & Feld LLP

FCC Seeks Comment on Foreign Investment in the Telecommunications Sector

The Federal Communications Commission (FCC) is refreshing its record regarding executive branch review of certain FCC applications that reveal foreign ownership in the applicants—informally known as the “Team Telecom” review...more

Moore & Van Allen PLLC

Treasury Department Publishes Proposed Rule on CFIUS Filing Fees

Moore & Van Allen PLLC on

Further implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“), the U.S. Department of the Treasury recently published a proposed rule to establish filing fees for parties filing voluntary...more

Proskauer Rose LLP

National Security Reviews Continue Apace: CFIUS Orders Unwinding of Transaction Involving Hotel Guest Data Firm

Proskauer Rose LLP on

Following the February 13, 2020 effective date of the U.S. Department of Treasury's final regulations (the "Final Rules") implementing the majority of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"),...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposes Filing Fees

To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Proposed Rule to Implement Filing Fee Requirements for CFIUS Voluntary Notices

- On March 9, 2020, the U.S. Department of Treasury published a Proposed Rule to implement filing fee requirements for voluntary notices filed with CFIUS. - Under the proposed framework, the value of the transaction...more

Katten Muchin Rosenman LLP

The CFTC Proposes New Rules Walking Back Its Maximalist Cross-Border Swaps Regulatory Approach

Key Points - The Commodity Futures Trading Commission (CFTC) has proposed new rules (Proposal) for the cross-border application of certain of its swap regulations. - The Proposal includes certain changes relative to the...more

White & Case LLP

BMWi plans further tightening of investment control in M&A transactions of foreign investors

White & Case LLP on

On January 31, 2020, the Federal Ministry for Economic Affairs and Energy (BMWi) presented a draft law amending the Foreign Trade and Payments Act (AWG-E) and forwarded it to selected trade associations for their comments....more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Final Regulations Implementing CFIUS Reform

Key Points - On January 13, 2020, the U.S. Department of Treasury released final rules implementing FIRRMA, which reforms the CFIUS framework. These rules will take effect on February 13, 2020. - The final rules...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

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