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
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 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
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
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
The United States Department of Commerce’s Bureau of Industry and Security has issued regulations to amend the Export Administration Regulations to implement changes to controls of certain viruses, marine toxins, plant...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 Department of Commerce’s Bureau of Industry and Security has issued an interim final rule to deny China’s access to certain semiconductor and advanced computing technology and to inhibit China’s ability to manufacture...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 February 24, 2022, the US Government imposed severe economic sanctions and export controls on Russia. The restrictions consist of two parts: 1) significant financial sanctions on a range of Russian financial institutions...more
The decision to pay millions to a cyber criminal has never been easy, but it is now even more complex. The U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an updated advisory on September 21,...more
The U.S. is one of the easiest jurisdictions in the world in which to do business1 . 1 Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much...more
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
The Cuban Assets Control Regulations have been amended to prohibit U.S. persons from lodging at certain properties in Cuba, incorporate restrictions on imports of Cuban alcohol and tobacco, and revoke general licenses...more
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
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
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
On 28 April the U.S. Commerce Department, Bureau of Industry and Security published two final rules and a proposed rule amending the Export Administration Regulations that will further restrict and regulate transactions...more