News & Analysis as of

Reporting Requirements 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

Torres Trade Law, PLLC

The Corporate Transparency Act: Treasury’s New Back Door for Finding CFIUS Non-Notified Transactions

Torres Trade Law, PLLC on

Much has been written about the Corporate Transparency Act (“CTA”), which was enacted on January 1, 2021, and went into effect on January 1, 2024. Briefly, the CTA requires “reporting companies” to disclose beneficial...more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

Morrison & Foerster LLP

Singapore Announces Targeted Investment Review Regime

Singapore has joined the trend of countries exercising greater oversight over investments in domestic entities in strategically important sectors. The Significant Investments Review Act (the “Bill”), introduced on November 3,...more

Bass, Berry & Sims PLC

The Federal Corporate Transparency Act Through the Lens of Private Equity: Unique Challenges Await

Bass, Berry & Sims PLC on

With a stated goal of enhancing transparency of business ownership, the federal Corporate Transparency Act (CTA) mandates various types of businesses – such as corporations, limited liability companies, and limited...more

Bass, Berry & Sims PLC

Unveiling the Federal Corporate Transparency Act: Requirements, Compliance, and Implications

Bass, Berry & Sims PLC on

The Corporate Transparency Act (CTA) is a federal law that will require various types of businesses – such as corporations, limited liability companies, and limited partnerships operating in the United States – to begin to...more

K&L Gates LLP

United States Imposes Unprecedented Outbound Investment Controls Focused on China

K&L Gates LLP on

On 9 August 2023, President Biden issued a long anticipated executive order imposing certain limitations, reporting requirements, and prohibitions on outbound investment from the United States into certain sensitive industry...more

American Conference Institute (ACI)

[Event] 6th National Forum on FOCI - September 20th - 21st, Washington, DC

Hosted by American Conference Institute, the 6th National Forum on FOCI returns for another exciting year with curated programming that provides practical takeaways for managing heightened national security threats for...more

Hogan Lovells

U.S. Commerce, Treasury Departments issue reports on pending outbound investment screening regime

Hogan Lovells on

Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden...more

Miles & Stockbridge P.C.

The Mandatory Federal Reporting Requirement on Foreign Ownership of U.S. Businesses Few Know About

Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign...more

Morgan Lewis - All Things FinReg

Recent FinCEN UBO Regulations May Inform Compliance Requirements for Trade-Related Agencies

The Financial Crimes Enforcement Network (FinCEN) of the US Department of the Treasury issued a final rule on September 29, 2022, implementing the bipartisan Corporate Transparency Act’s beneficial ownership information...more

Lowenstein Sandler LLP

Trade Matters, February 2022: A monthly newsletter covering global trade & national security developments

1. Treasury Mandates Reporting of Foreign Securities Holdings of $200M or More- All U.S. persons (custodians and end investors) who manage $200 million or more in foreign securities for themselves or others must file a...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Updates Excepted Foreign State Rules

Key Points - CFIUS added New Zealand to its white list of “excepted foreign states,” joining Australia, Canada and the United Kingdom in the group of countries whose investors may qualify for jurisdictional carve-outs and...more

Morgan Lewis

Japan Introduces Real Estate Legislation for National Security Purposes

Morgan Lewis on

The National Diet of Japan recently passed the Real Estate Investigation and Regulation Act, which is in line with tightening global trends in real estate regulations in order to prevent threats to national security. The...more

Wiley Rein LLP

New Bill Would Allow CFIUS to Scrutinize Gifts to Higher Education

Wiley Rein LLP on

Senators Bob Menendez (D-NJ) and Jim Risch (R-ID) recently introduced bipartisan legislation that would further expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS or the Committee) to...more

Sullivan & Worcester

Identify and Report “Control” Investors: The Corporate Transparency Act of 2020

Sullivan & Worcester on

We write to advise you of important legislation just enacted in the United States and proposed legislation in the United Kingdom. The National Defense Authorization Act for Fiscal Year 2021 (NDAA) was recently passed by...more

ArentFox Schiff

FCC’s New Foreign Ownership Review Rules Set To Take Effect

ArentFox Schiff on

For the first time, the FCC will have formal rules governing the process for Team Telecom review of license applications involving foreign ownership. The FCC, however, declined to adopt exclusions for applications that have...more

Snell & Wilmer

CFIUS Proposes New Rule: What You May Need to Know About Potential Changes to the Mandatory Reporting Requirement

Snell & Wilmer on

The Department of Treasury has recently proposed a rule revising the Committee on Foreign Investment in the United States’(“CFIUS”) regulation, 31 C.F.R. Part 800. Generally, CFIUS is a government body that has authority to...more

Orrick, Herrington & Sutcliffe LLP

U.S. Companies Nearing Deadline to Report on Direct Investment Holdings Abroad

The U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”) collects statistics related to U.S. international investment and trade in services. This alert summarizes a current BEA reporting requirement related to...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

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Release Interim Final Rule Implementing First Phase of 2019 NDAA Section 889

• On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019. • Among its...more

Akin Gump Strauss Hauer & Feld LLP

EU Foreign Investment Law In Force from April

• The new EU FDI Regulation provides a framework for screening foreign direct investments and will enter into force in mid-April. While China, Russia and other currently high-profile “foreign” countries are not expressly...more

A&O Shearman

CFIUS Update: Regulations Require Mandatory Filings for Certain Critical Technologies; Process Of Identifying Emerging...

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When it was enacted in August 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) overhauled the US law governing CFIUS national security reviews for the first time in 11 years. Many of FIRRMA’s most...more

Jones Day

Key Takeaways from the First Two Months of Mandatory CFIUS Declarations

Jones Day on

The Situation: The Pilot Program, recently announced by the Committee on Foreign Investment in the United States ("CFIUS"), mandates filing declarations with CFIUS in connection with certain foreign investments in U.S....more

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