On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For...more
In this article, we discuss two notable recent developments in CFIUS reviews: First, CFIUS’s expanded jurisdiction over foreign investments in companies that receive emergency COVID-19-related DPA financing, and second, the...more
The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...more
1/23/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Declaration ,
Export Controls ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Entities ,
Foreign Investment ,
Foreign Nationals ,
General Licenses ,
Investment Funds ,
NAICS ,
National Security ,
Personal Data ,
Regulatory Oversight ,
U.S. Treasury ,
UK
The US Treasury Department issued proposed regulations that would “comprehensively” implement legislation passed last year, FIRRMA, to broaden the jurisdiction of CFIUS. Interested parties have until October 17 to file...more
9/23/2019
/ CFIUS ,
Code of Federal Regulations (CFR) ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
FCPA UPDATES FOR GLOBAL COMPANIES -
In recent months, the US Department of Justice (DOJ) has issued important guidance for global companies on corporate compliance programs and the Foreign Corrupt Practices Act (FCPA)...more
7/2/2019
/ CFIUS ,
Chief Compliance Officers ,
Corporate Fines ,
Corporate Misconduct ,
Data Protection ,
Data Protection Authority ,
Department of Justice (DOJ) ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Direct Investment ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Google ,
National Security ,
New Guidance ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements
IN THIS ISSUE -
Alongside the usual challenges of rising and falling values inherent in any family-owned asset, cryptocurrency, which is kept in key-protected digital wallets, is prone to getting lost or disappearing with...more
4/30/2019
/ Arbitration Agreements ,
Beneficiaries ,
Biotechnology ,
CFIUS ,
China ,
Contractual Safeguards ,
Cryptocurrency ,
Estate Planning ,
Foreign Investment ,
Inheritance ,
Pharmaceutical Patents ,
Trustees ,
Trusts ,
Wealth Management
The Committee on Foreign Investment in the United States recently broadened its coverage of biotechnology transactions via new regulations that became effective on November 10, 2018. This article provides perspectives about...more
The US Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), issued two interim rules implementing provisions of the recently enacted Foreign Investment...more
The Foreign Investment Risk Review Modernization Act (FIRRMA) is expected to be signed into law by President Trump in the coming days. FIRRMA updates and expands the role of the Committee on Foreign Investment in the United...more
In response to increasing concerns about foreign investment and access to sensitive US technology, particularly by Chinese investors, the US Senate and House of Representatives recently passed slightly different versions of a...more
Since introducing legislation in late 2017 seeking to expand the jurisdiction of the Committee on Foreign Investment in the United States, Congress has continued to evaluate the proposed Foreign Investment Risk Review...more
Legislation has now been introduced in the US Congress that would significantly expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to a broader scope of transactions and, for some...more
We reported earlier on the Committee on Foreign Investment in the United States (CFIUS) and its legal and practical authority to review M&A transactions for possible risks to US national security posed by foreign ownership of...more
The Obama Administration made significant new regulatory changes to allow certain investment opportunities in the Cuban health care and biotech industries. While many barriers remain, US firms in the health care industry...more