Key takeaways U.S. Treasury to establish a “fast track” foreign investment review process. It will include a “Known Investor” portal that allows the submission of information in advance of filing with Committee on Foreign...more
On February 21, 2025, President Trump issued a National Security Presidential Memorandum entitled the “America First Investment Policy” (“NSPM-3”) that outlines the Administration’s national security priorities with respect...more
The U.S. is one of the easiest jurisdictions in the world in which to do business1 and continues to be the world’s top destination for foreign direct investment.2 Regulatory barriers are generally low, establishing a branch...more
1/20/2025
/ Business Development ,
Business Entities ,
CFIUS ,
Corporate Governance ,
Doing Business ,
Employment Policies ,
Foreign Direct Investment ,
Foreign Investment ,
Hiring & Firing ,
Labor Regulations ,
Regulatory Requirements ,
Risk Management
As 2025 begins, the foreign direct investment (FDI) landscape continues to evolve at a rapid pace. Driven by geopolitical shifts, technological advancements, and changing regulatory priorities, businesses must navigate an...more
On November 26, 2024, the U.S. Department of the Treasury (“Treasury”) issued a new final rule (the “Final Rule”) expanding the Committee on Foreign Investment in the United States’ (“CFIUS”) authority in three key areas...more
On November 1, 2024, the U.S. Department of the Treasury (“Treasury”), in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a final rule (the “Final Rule”) amending CFIUS’s...more
The U.S. remains on course to restrict a broad range of cross border data transfers to China, Russia, and other designated countries. On October 21, 2024, the Department of Justice (DOJ) issued a Notice of Proposed Rulemaking...more
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
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
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
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
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
The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch...more
11/20/2023
/ Board of Directors ,
CFIUS ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Copyright ,
Corporate Governance ,
Doing Business ,
Foreign Investment ,
Intellectual Property Protection ,
Patents ,
Shareholders ,
Trade Secrets
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
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
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
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
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
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
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
The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more...more
9/21/2022
/ Anti-Money Laundering ,
Business Formation ,
Capital Markets ,
CFIUS ,
Choice of Entity ,
Corporate Governance ,
Directorate of Defense Trade Controls (DDTC) ,
Doing Business ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Intellectual Property Protection ,
ITAR ,
Office of Foreign Assets Control (OFAC)
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
9/21/2022
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Emerging Technology Companies ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Popular ,
Supply Chain
On Tuesday, November 3, 2020, Americans chose the presidency and the makeup of the United States Congress. With the U.S. election now decided, with the exception of the Georgia Senate races, we are delighted to share with you...more
12/29/2020
/ 5G Network ,
Antitrust Provisions ,
Biden Administration ,
CFIUS ,
Coronavirus/COVID-19 ,
Foreign Investment ,
Healthcare Reform ,
Infectious Diseases ,
Infrastructure ,
Presidential Elections ,
Public Transportation ,
Regulatory Reform ,
Tax Reform
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
An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations?...more