CFIUS Publishes 2018 Annual Report -
The Committee on Foreign Investment in the United States (CFIUS), a U.S. government interagency committee that conducts national security reviews of foreign investments, recently...more
Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more
5/14/2020
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
National Security Review Proceedings ,
Trump Administration
The U.S. Department of the Treasury’s Interim Rule establishing filing fees for joint voluntary notices submitted to the Committee on Foreign Investment in the United States goes into effect 1 May 2020....more
The long-anticipated foreign investment review regulations were released for public inspection on 13 January, 2020. The regulations, scheduled to appear in the Federal Register on 17 January, 2020, are in two Federal Register...more
The Committee on Foreign Investment in the United States (CFIUS or the committee), a U.S. government interagency committee that conducts national security reviews of foreign investments, has released its annual report for...more
On 17 September 2019 the U.S. Department of the Treasury announced proposed regulations to "comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)."
...more
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more
4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)
The United States 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
1/23/2019
/ Anti-Money Laundering ,
Capital Markets ,
CFIUS ,
Commercial Bankruptcy ,
Doing Business ,
FCPA Guidance ,
Foreign Investment ,
Immigration ,
Intellectual Property Protection ,
Labor Regulations ,
Regulatory Standards
Investing in the life sciences industry without an understanding of the key regulatory factors that could determine a product's success or failure could cost you millions of dollars....more
1/8/2019
/ Biotechnology ,
CFIUS ,
Federal Pilot Programs ,
Filing Requirements ,
Foreign Investment ,
Investment ,
Investment Opportunities ,
Life Sciences ,
Pharmaceutical Industry ,
Regulatory Requirements ,
Reporting Requirements
Investing in the life sciences industry without an understanding of the key regulatory factors that could determine a product's success or failure could cost you millions of dollars.
...more
After Congress failed to enact appropriations legislation, the United States federal government partially shut down beginning at midnight on 22 December 2018, impacting several departments, agencies, and interagency...more
1/4/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Funding ,
Federal Trade Commission (FTC) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Shutdown ,
Hart-Scott-Rodino Act ,
National Security ,
Regulatory Agencies ,
Trump Administration
The Commerce Department is soliciting public input on identification of certain "emerging technologies" for purposes of new export controls and the recently expanded jurisdiction of the Committee on Foreign Investment in the...more
The Department of the Treasury recently released interim rules establishing a pilot program under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that mandates filings for foreign investments in certain...more
10/24/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Private Equity Funds ,
Technology Sector
The Department of the Treasury has released two new interim rules that (i) update existing regulations regarding the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review...more
After nearly 20 years of promulgation by executive orders, bipartisan export control reform legislation has re-established a permanent statutory basis for the control of commercial and dual-use items licensed by the...more
The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign...more
8/6/2018
/ Acquisitions ,
Amended Rules ,
Carve Out Provisions ,
CFIUS ,
Covered Transactions ,
Defense Production Act ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Hedge Funds ,
Investment Funds ,
Mergers ,
National Security ,
National Security Review Proceedings ,
NDAA ,
Private Equity ,
Venture Capital
Congress has moved closer to expanding the jurisdiction and powers of the Committee on Foreign Investment in the United States (CFIUS), the U.S. interagency committee that conducts national security reviews of foreign...more
8/2/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Financial Regulatory Reform ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Passive Activity ,
Pending Legislation ,
Trump Administration
Driven by concerns of China’s acquisition of advanced U.S. technologies, the U.S. Congress is set to enact the most significant reform to the Committee on Foreign Investment in the United States (CFIUS) in over a decade....more
6/29/2018
/ CFIUS ,
China ,
Covered Transactions ,
Emerging Technology Companies ,
FIRRMA ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Passive Investments ,
Pending Legislation ,
Trump Administration
On 12 March 2018, President Trump issued an order blocking the proposed hostile takeover of Qualcomm Incorporated, a semiconductor and telecommunications equipment company headquartered in California, by Broadcom Limited, a...more
This client alert updates readers on the introduction of legislation in the US Congress that, if enacted, would result in significant changes to CFIUS, the U.S. government interagency committee that conducts national security...more
In 2015, the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews of foreign investments, maintained a heavy case load, reviewing 143...more
On June 7, U.S. Treasury Secretary Steven Mnuchin said publicly that Congress should pass legislation to amend the authorizing statute for the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government...more
On Thursday, May 18, U.S. Treasury Secretary Steven Mnuchin waded further publicly into efforts on Capitol Hill to amend the authorizing statute underlying the Committee on Foreign Investment in the U.S. (CFIUS), a U.S....more
We expect 2017 M&A activity in the aerospace, defense, and government services (ADG) industry sector to equal or surpass 2016 M&A activity. Although 2016 M&A activity was down both by volume and value over 2015 it was...more
4/20/2017
/ Aerospace ,
Antitrust Provisions ,
CFIUS ,
Competition ,
Defense Sector ,
Department of Labor (DOL) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Information Technology ,
Regulatory Oversight ,
Trump Administration
Aerospace, defense, and government services (ADG) companies increasingly rely on international customers and global supply chains to stay competitive in today’s global market. In the United States, ADG companies rely heavily...more
4/19/2017
/ Aerospace ,
CFIUS ,
China ,
Cybersecurity ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Foreign Direct Investment ,
India ,
International Relations ,
National Security ,
Outer Space ,
Supply Chain ,
Technology Sector ,
Trump Administration ,
US Trade Policies