News & Analysis as of

National Security Committee on Foreign Investment in the United States

Morrison & Foerster LLP

OFAC Extends Recordkeeping Requirements from Five to 10 Years; Issues Paperwork Reduction Act Request for Comments

On September 11, 2024, OFAC announced its Interim Final Rule to Extend Recordkeeping Requirements from Five to 10 Years. The Interim Final Rule (IFR) was published in the Federal Register on September 13, 2024. Public...more

Kennedys

Treasury “significantly expands” CFIUS jurisdiction over covered real estate transactions

Kennedys on

On July 8, 2024, the United States Department of the Treasury’s Office of Investment Security issued a Notice of Proposed Rulemaking (“NPRM”) that proposed to expand the geographic reach in which the Committee on Foreign...more

Wiley Rein LLP

FCC Announces Effective Date of New Filing Requirements for Domestic Section 214 Transfer of Control Applications

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Wednesday, the Federal Communications Commission (FCC or Commission) announced September 11, 2024 as the effective date of two rules initially adopted in the agency’s Team Telecom Process Reform Report and Order....more

Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

HaystackID

Biden Poised to Block Nippon Steel’s Acquisition of U.S. Steel, Citing National Security Concerns

HaystackID on

President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more

Skadden, Arps, Slate, Meagher & Flom LLP

Are Fintechs Prepared for More Regulatory Scrutiny? Questions Fintech Boards Will Want To Ask

The 2024 elections may usher in laws and regulations that impact fintechs, making it important for management to identify the areas that present the greatest challenges and opportunities....more

Dechert LLP

Read All About It: CFIUS Publishes Enforcement Information

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After over a year of preview, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has finally published information on its most recent enforcement actions. The actions were announced on...more

Hogan Lovells

Fewer filings and greater attention to enforcement mark the CFIUS CY2023 report to Congress

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The Committee on Foreign Investment in the United States has released its Annual Report to Congress, noting a marked reduction in filings in 2023 but also growing and refined mitigation measures and increased attention to...more

Holland & Knight LLP

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

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The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more

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

Hogan Lovells

Remaining Team Telecom rules—including standard questions—now in effect at the FCC

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At long last, on August 23, 2024, the FCC’s Office of International Affairs announced that major elements of its 2020-2021 changes to the Team Telecom review process for applications involving foreign ownership have gone into...more

Jones Day

CFIUS Annual Report Touts an Increase in Penalties and Efficiency in Transaction Reviews

Jones Day on

While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more

Mayer Brown

CFIUS Announces $60 Million Penalty and Debuts New Enforcement Website

Mayer Brown on

On August 14, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) announced a $60 million penalty, “the largest penalty CFIUS has ever issued,” following its finding of material violations...more

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

Mintz on

The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Hogan Lovells

Proposed changes to real estate regulations would expand geographic reach of CFIUS jurisdiction

Hogan Lovells on

On July 8, 2024, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States, announced a notice of proposed rulemaking addressing amendments to CFIUS’s...more

ArentFox Schiff

As the (Customs and Trade) World Turns: August 2024

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Welcome to the August 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Womble Bond Dickinson

The Evolution of National Security in the U.S. and U.K.

Womble Bond Dickinson on

The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … International Mergers & Acquisitions (Part 2 of 4): Understanding the CFIUS...

Foley & Lardner LLP on

CFIUS is an interagency committee that evaluates the national security implications of foreign investments on the U.S. economy and infrastructure. CFIUS possesses statutory authority to “make an investigation to determine the...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - August 2024

Lowenstein Sandler LLP on

The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more

Paul Hastings LLP

CFIUS 2023 Annual Report Shows Committee Continues to Evolve

Paul Hastings LLP on

On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its annual report to Congress for calendar year 2023 (the “Annual Report”). CFIUS is an interagency body chaired...more

Fenwick & West LLP

U.S. Foreign Investment Review - Continued Focus on Emerging Technologies, China Risk, and Enforcement

Fenwick & West LLP on

The U.S. Department of the Treasury recently released its Committee on Foreign Investment in the United States (CFIUS) 2023 Annual Report to Congress....more

Dechert LLP

Highlights from the CFIUS Annual Report

Dechert LLP on

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

Latham & Watkins LLP

5 Key Takeaways From the CFIUS 2023 Annual Report

Latham & Watkins LLP on

The report shows a decline in filings, new mitigation measures and conditions, and continued emphasis on monitoring and enforcement. On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS)...more

Jones Day

Treasury Proposes Expansion of CFIUS Real Estate Review Authority

Jones Day on

On July 8, 2024, the U.S. Department of the Treasury ("Treasury") issued a proposed rule to expand the Committee on Foreign Investment in the United States' ("CFIUS") jurisdiction over certain categories of foreign investment...more

HaystackID

[Webcast Transcript] CFIUS Reviews: Strategies for Ensuring Compliance and Strategizing on Foreign Investments

HaystackID on

Editor’s Note: During a recent HaystackID webcast, expert panelists explored the role of the Committee on Foreign Investment in the United States (CFIUS) in protecting sensitive technologies, classified contracts, and other...more

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