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

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

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

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

U.S. Treasury Department issues Notice of Proposed Rulemaking on outbound investment

On June 21, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) for the U.S. outbound investment security program. The NPRM proposes draft regulations that prohibit certain, and...more

U.S. prohibits Chinese real estate purchase related to cryptocurrency mining facility near ICBM base

On 13 May 2024, President Biden issued an order forcing divestiture by MineOne Partners Limited and certain related entities of their ownership of real estate within one mile of F.E. Warren Air Force Base, home to an...more

CFIUS Proposes Rule to Strengthen Its Monitoring and Enforcement Authorities

On April 15, 2024, the U.S. Department of the Treasury (“Treasury”), in its capacity as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that seeks to materially enhance...more

White House issues executive order on access to US sensitive personal data by countries of concern

The Biden Administration has issued an executive order to curtail access by China, Russia, and other countries of concern to Americans’ sensitive personal data. The Department of Justice and other agencies are tasked to take...more

FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more

French government extends the scope of application of the French Foreign Direct Investment screening regime

France is currently strengthening its foreign direct investment (“FDI”) screenings regime. In addition to the new resources allocated to the Government unit in charge of the French FDI laws, the French government adopted, on...more

Proposed new U.S. outbound investment restrictions – what this could mean for APAC businesses and investors

The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on United States (U.S.) persons notification requirements for certain transactions and outright prohibits U.S....more

Aerospace & Defense Insights I Biden Administration executive order on outbound investment screening

Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more

Spotlight on the U.S.: Panelists discuss trade challenges and opportunities

Hogan Lovells is hosting a special webinar series for Life Sciences and Health Care companies based in, or with commercial interests in, the Asia-Pacific (APAC) region. The series shares topical insights, cost-effective...more

Land of opportunity – why Australian investors are being drawn to the United States

Billions of dollars worldwide are pouring into the transition to green energy, no more so than in the United States (U.S.) where new legislation is providing a powerful stimulus. For Australian investors, the opportunity to...more

Biden Administration issues long-awaited executive order on outbound investment screening

The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on U.S. persons notification requirements for certain transactions and outright prohibits U.S. persons from...more

The U.S. Committee on Foreign Investment in the United States releases Annual Report for 2022

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released the CFIUS Annual Report to Congress for calendar year 2022 (the “Report”). Of note, the Report reflects a slight increase in...more

Proposed rule would expand CFIUS’s jurisdiction regarding U.S. real estate

On May 5, 2023, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule in the Federal Register that would (i) expand by...more

Foreign Direct Investment (FDI) – Global Legal Guide

The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more

美国商务部和财政部分别就拟议的对外投资审查制度发布报告

美国财政部和商务部近期分别发布经国会授权的报告,其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称,白宫将在较短时间内——或许就在几周内——签发一项行政命令,以建立该项新制度。拜登政府近期向国会提交的报告表明,该制度将由美国财政部实施并管理,重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而,报告并未明确该制度的确切范围和性质,包括哪些投资者及哪些外国技术领域将受到影响....more

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

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

Legislation to grant U.S. government sweeping authority over ICT-related national security threats

On 7 March 2023, U.S. Senators Mark Warner and John Thune introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, sweeping legislation aimed at...more

CFIUS Finalizes Inclusion of New Zealand and United Kingdom as “Excepted Foreign States”

On February 10, 2023, the Committee on Foreign Investment in the United States determined that New Zealand and the United Kingdom have satisfied the excepted foreign state determination requirements....more

JPM2023 Trendspotting: evaluating CFIUS risks in the biotech sector

As the industry readies itself for the January 2023 pilgrimage to the J.P. Morgan Healthcare Conference (JPM) and Biotech Showcase in San Francisco, our market-leading life sciences and health care industry team has prepared...more

Recent CFIUS developments: Annual Report for 2021 & new executive order

This alert discusses two major updates related to the Committee on Foreign Investment in the United States (“CFIUS,” or the “Committee”) in the past several weeks. First, on 2 August 2022, the Committee released the CFIUS...more

CFIUS Q4 Developments

In the fourth quarter of 2020, the major CFIUS development was the significant revision of one of CFIUS’s two mandatory filing programs. Specifically, on 15 September 15 2020, the Department of Treasury (the Treasury) issued...more

BIS issues frequently asked questions to clarify the military end use/user rule

On 29 June 2020, the final rule expanding the military end user/user controls (MEU) issued by the Bureau of Industry and Security (BIS) went into effect. On 26 June 2020, BIS issued an FAQs guidance document that provides...more

U.S. decertification under the Hong Kong Policy Act – what is changing now, and what happens next?

On 27 May 2020 U.S. Secretary of State Pompeo certified to Congress that the State Department no longer considers Hong Kong to have significant autonomy from China and therefore "Hong Kong does not continue to warrant...more

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