The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more
7/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Debt Financing ,
Economic Sanctions ,
Export Controls ,
Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
SDN List ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
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
3/12/2024
/ Antitrust Provisions ,
Carbon Capture and Sequestration ,
CFIUS ,
China ,
Corporate Transparency Act ,
Divestiture ,
Domestic Dealmaking ,
Drug Pricing ,
Energy Sector ,
Foreign Direct Investment ,
Foreign Investment ,
Greenhouse Gas Emissions ,
Healthcare ,
Investment ,
Life Sciences ,
Liquidity ,
Mergers ,
Non-Compete Agreements ,
Prescription Drugs ,
Private Equity ,
Private Equity Firms ,
Renewable Energy ,
Reporting Requirements ,
UK ,
Unions ,
Venture Capital
On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Foreign Adversaries ,
National Security ,
Satellites ,
Software ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
Key Points -
On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more
The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more
On May 5, 2023, the Department of the Treasury issued a notice of proposed rulemaking to add eight military installations to the list of sites around which CFIUS has jurisdiction to review real estate transactions. This is...more
Key Points -
According to CFIUS’s recently-released Annual Report for 2021, the total number of CFIUS filings increased significantly year-on-year, with transactions involving Chinese investors more than doubling compared...more
On June 3, 2021, President Biden issued Executive Order 14032 (Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China) (“CMIC EO”) that modifies the Trump-era...more
The U.S. government has recently imposed controls pertaining to “Communist Chinese Military Companies” (CCMCs or “1237 entities”); Chinese “Military End Users” (MEUs); and Chinese “Military-Intelligence End Users” (MIEUs)....more
Key Points
- On November 12, 2020, President Trump issued a new EO prohibiting U.S. persons from engaging in transactions in publicly traded securities of certain CCMCs, or any securities that are derivative of, or are...more
1/4/2021
/ China ,
Department of Defense (DOD) ,
Derivatives ,
Executive Orders ,
Financial Instruments ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Private Equity ,
Publicly-Traded Companies ,
SDN List ,
Trade Relations ,
Trump Administration ,
US Trade Policies
- On July 1, the Departments of Commerce, Homeland Security, State, and the Treasury issued a joint advisory on the “Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and...more
7/10/2020
/ China ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Federal Contractors ,
Financial Institutions ,
Forced Labor ,
Human Rights ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Supply Chain
In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more
12/13/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
ANTICORRUPTION DEVELOPMENTS -
Deputy Attorney General Rod Rosenstein Announces Pursuing Individuals Will be a “Top Priority” for Corporate Enforcement Actions -
On November 29, 2018, Deputy Attorney General Rod J....more
12/7/2018
/ Anti-Money Laundering ,
China ,
Corporate Misconduct ,
Corruption ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Guilty Pleas ,
Internal Controls ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
White Collar Crimes
ANTICORRUPTION DEVELOPMENTS -
Mega International Commercial Bank Co. Ltd. Fined $29 Million -
On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more
2/13/2018
/ Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Bank Fraud ,
Banks ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
Cease and Desist ,
CFIUS ,
China ,
Civil Monetary Penalty ,
Class Action ,
Criminal Conspiracy ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Currency ,
Economic Sanctions ,
Electronic Devices ,
EU ,
European Court of Justice (ECJ) ,
Exports ,
False Claims Act (FCA) ,
False Statements ,
Federal Civil Penalties Inflation Adjustment Act of 1990 ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Former Employee ,
Furniture Industry ,
Imports ,
Intercompany Transactions ,
International Banks ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Mail Fraud ,
NAFTA ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
SDN List ,
Search & Seizure ,
Section 201 ,
Section 232 ,
Section 301 ,
Shareholders ,
Sovereign Debt ,
Trans-Pacific Partnership ,
Transfer Pricing ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vendors ,
Venezuela ,
Wire Fraud ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Mega International Commercial Bank Co. Ltd. Fined $29 Million -
On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more
2/13/2018
/ Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Bank Fraud ,
Banks ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
Cease and Desist Orders ,
CFIUS ,
China ,
Civil Monetary Penalty ,
Class Action ,
Criminal Conspiracy ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Currency ,
Economic Sanctions ,
Electronic Devices ,
EU ,
European Court of Justice (ECJ) ,
Exports ,
False Claims Act (FCA) ,
False Statements ,
Federal Civil Penalties Inflation Adjustment Act of 1990 ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Former Employee ,
Furniture Industry ,
Imports ,
Intercompany Transactions ,
International Banks ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Mail Fraud ,
NAFTA ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
SDN List ,
Search & Seizure ,
Section 201 ,
Section 232 ,
Section 301 ,
Shareholders ,
Sovereign Debt ,
Trans-Pacific Partnership ,
Transfer Pricing ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vendors ,
Venezuela ,
Wire Fraud ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Mega International Commercial Bank Co. Ltd. Fined $29 Million -
On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd....more
2/5/2018
/ Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Bank Fraud ,
Banks ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
Cease and Desist Orders ,
CFIUS ,
China ,
Civil Monetary Penalty ,
Class Action ,
Criminal Conspiracy ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Currency ,
Economic Sanctions ,
Electronic Devices ,
EU ,
European Court of Justice (ECJ) ,
Exports ,
False Claims Act (FCA) ,
False Statements ,
Federal Civil Penalties Inflation Adjustment Act of 1990 ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Former Employee ,
Furniture Industry ,
Imports ,
Intercompany Transactions ,
International Banks ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Mail Fraud ,
NAFTA ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
SDN List ,
Search & Seizure ,
Section 201 ,
Section 232 ,
Section 301 ,
Shareholders ,
Sovereign Debt ,
Trans-Pacific Partnership ,
Transfer Pricing ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vendors ,
Venezuela ,
Wire Fraud ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more
10/10/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more
10/10/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical...more
10/4/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its annual report (“Report”) to Congress. One day later, CFIUS also released more limited data on foreign...more
9/27/2017
/ Acquisitions ,
Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Foreign Investment ,
Legislative Amendments ,
Mergers ,
Mitigation ,
National Security ,
Obama Administration ,
Trump Administration
• President Trump issued an order prohibiting the proposed $1.3 billion takeover of Lattice Semiconductor Corporation, a U.S. company, by Canyon Bridge Capital Partners, Inc., a private equity firm funded by Chinese...more
ANTICORRUPTION DEVELOPMENTS -
MTS Receives DOJ and SEC Declination Letters Concluding FCPA Investigations -
On August 7, 2017, MTS Systems (MTS), a Minnesota based maker of test systems and industrial position...more
9/2/2017
/ Africa ,
Anti-Corruption ,
Appeals ,
China ,
Civil Liability ,
Compelled Testimony ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Executive Orders ,
Exports ,
Financial Conduct Authority (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Freight Forwarding ,
Guilty Pleas ,
Hong Kong ,
IPSA ,
Iran Sanctions ,
Libor ,
New Legislation ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Payment Processors ,
Russia ,
Sanction Violations ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Singapore ,
South Africa ,
Trump Administration ,
Venezuela ,
Whistleblowers
Anticorruption Developments -
Former Magyar Telekom Executives Reconcile Bribery Charges -
April 24, 2017, the US Securities and Exchange Commission (SEC) announced that the Hungarian telecommunications company...more
5/10/2017
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
China ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
Anticorruption Developments -
SEC Chairman Nominee Jay Clayton Receives Confirmation Hearing -
On March 23, 2017, SEC Chairman Nominee Jay Clayton testified before the Senate Banking Committee at his confirmation...more
4/4/2017
/ Anti-Retaliation Provisions ,
Arrest ,
Bribery ,
CFIUS ,
China ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
Federal Pilot Programs ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Investors ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Petrobras ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Senate Confirmation Hearings ,
Sentencing ,
Split of Authority ,
Telecommunications ,
Trump Administration ,
Ukraine ,
Whistleblowers
Former CEO of Harris Corporation’s Chinese Subsidiary Pays $46,000 to Settle Alleged FCPA Violations; No Charges for Company -
On September 13, 2016, the Securities and Exchange Commission (SEC) issued a...more
10/5/2016
/ Airbus ,
Aviation Industry ,
Boeing ,
China ,
Export Controls ,
Film Industry ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
General Licenses ,
Iran Sanctions ,
Russia ,
South Korea ,
Subsidiaries