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Foreign Nationals Committee on Foreign Investment in the United States

Arnall Golden Gregory LLP

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury...more

Morrison & Foerster LLP

New Sheriff in Town: Treasury Proposes Unprecedented Outbound Investment Screening Regulations

On June 21, 2024, the Biden administration rolled out its outbound investment screening regulations. Last year, the Biden administration published an advanced notice of proposed rulemaking (ANPRM) that outlined the broad...more

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

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A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

Holland & Knight LLP

Court Denies Injunction Against Law Limiting Foreign Persons of Concern from Buying Real Property

Holland & Knight LLP on

A federal district court on Aug. 17, 2023, declined to enjoin Florida's law limiting select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring by...more

Womble Bond Dickinson

Proposed Synthesis Controls Highlight Dual Impact of Section 1758 on U.S. Exports and Foreign Direct Investment

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Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments - Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...more

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

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Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Kerr Russell

The Interesting “Foreign Person” Status Under CFIUS

Kerr Russell on

CFIUS has the authority to review any transaction that could result in foreign control of a US business, certain non-controlling investments and certain real estate transactions. This includes mergers, acquisitions, and joint...more

Wiley Rein LLP

New Executive Order Directs CFIUS to Consider Additional National Security Factors in Evaluating Covered Transactions

Wiley Rein LLP on

On September 15, 2022, President Biden signed an executive order (EO) that reaffirms longstanding U.S. open investment policy and elaborates and expands on the existing list of statutory factors that the Committee on Foreign...more

Lowenstein Sandler LLP

CFIUS: Most Common Questions Asked And Answered

Lowenstein Sandler LLP on

We are continuing to see strong interest in basic facts about CFIUS. One reason is increased CFIUS enforcement of its authorities. Another is news coverage of Chinese investment in U.S. critical technology and companies...more

American Conference Institute (ACI)

[Virtual Event] U.S. Export & Reexport Compliance For Canadian Operations - January 26th - 27th, 9:00 am - 5:00 pm EST

For a whole decade, ACI’s U.S. Export & Reexport Compliance for Canadian Operations conference continues to stand apart as the only practical, comprehensive event of its kind for the export compliance community in Canada. ...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

Tensions Rise Between China and the United States: Intellectual Property Prosecutions Just the Tip of the Iceberg

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Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

McDermott Will & Emery

Final Rules Issued on Reviews of Foreign Investments in the United States – CFIUS

McDermott Will & Emery on

The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...more

Wilson Sonsini Goodrich & Rosati

Artificial Intelligence Software Controlled for Export, Including to Foreign National Employees

On January 6, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released an interim final rule controlling the export of certain artificial intelligence software relating to geospatial imagery...more

Sheppard Mullin Richter & Hampton LLP

Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds

My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data? This is a critical...more

Sheppard Mullin Richter & Hampton LLP

The Golden Ticket: Will Your Company be Excepted from New CFIUS Regulations?

By now, you have skimmed through the proposed FIRRMA regulations issued on September 17 2019, and you have very likely read a dozen summaries of those regulations (with titles like “New Proposed CFIUS Regulations Published”...more

Sheppard Mullin Richter & Hampton LLP

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls...

Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more

Jones Day

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

BakerHostetler

What is the CFIUS: Information to Know When Doing Transactions with Foreign Parties

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U.S. Senator Debbie Stabenow’s recent and much publicized unveiling of legislation to expand the CFIUS review process of transactions likely caused businesspeople everywhere to ask: “What’s the CFIUS?”...more

Akin Gump Strauss Hauer & Feld LLP

Ralls Case: How It Will Impact the CFIUS Process

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

Eversheds Sutherland (US) LLP

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

Latham & Watkins LLP

CFIUS 2012 Annual Report Reveals Increase in Chinese Filings and Notice Withdrawals

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The 2012 Report underscores the continued imperative for foreign investors to consider CFIUS issues when contemplating relevant US acquisitions. The Committee on Foreign Investment in the United States (CFIUS)...more

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