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President Issues National Security Memorandum on America First Investment Policy

President Donald Trump on February 21, 2025 issued a National Security Presidential Memorandum titled the America First Investment Policy to provide guidance to executive departments in their review and decision-making with...more

Outbound Regulation is Inbound: US Treasury Finalizes Rules for Certain US Technology Investments in China

The US Department of Treasury published its final regulations covering the national security review process for outbound investments on October 28, 2024. The regulations impose notice and prohibition requirements on specific...more

Treasury Proposes Rule to Expand CFIUS’s Real Estate Jurisdiction

The US Department of the Treasury on July 8, 2024 proposed updates to the Committee on Foreign Investment in the United States’s (CFIUS’s) regulations that seek to expand the list of military installations for which proximity...more

How SWFs Should Prepare and Respond to Increased CFIUS Scrutiny

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) has reportedly increased its scrutiny of various transactions involving sovereign wealth fund (SWF) investments in the United...more

US Outbound Tech Investments in Crosshairs with EO, ANPRM Release

The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.”...more

CFIUS Releases Annual Report for 2022: Drawing Meaning From the Numbers

The Committee on Foreign Investment in the United States (CFIUS or Committee) recently released its annual report for 2022. The report contains data that provides potentially useful insights into how CFIUS is functioning, the...more

Current Technology Risks Assessed by US Government Regulatory Tools

In an effort to protect the national security interest of the United States, the US government continues to develop and refine tools to assess and address the risks posed by technology transferred during and as a result of...more

Will Outbound Investment Review Also Cover Investment in China Through Offshore Tax-Advantaged Jurisdictions?

A confluence of two events has the potential to curtail a type of US investment in China that may currently be flying under the radar. The first is a white paper recently released by a group of academics, which details the...more

National Security–Related Considerations When Investing in US Companies

There are many international and Asia-based investors looking to invest in companies in the US for both strategic and commercial reasons, and in return they offer attractive sources of funding. Often, financial investments...more

Biden Issues CFIUS Executive Order: What Has Changed and What Remains the Same

President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more

Revisiting CFIUS Jurisdiction Over Real Estate Transactions

Concerns are growing over the national security impact of real estate purchases by foreign persons, only a small portion of which are reviewed by the Committee on Foreign Investment in the United States (CFIUS). These...more

David Plotinsky – Technology and Foreign Investment in the US

In this edition of our Spotlight series, we welcome David Plotinsky to discuss key issues that technology lawyers and professionals should keep in mind regarding tech transactions, foreign investment, and review by the...more

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