On February 21, 2025, the Trump administration published its “America First Investment Policy” memorandum. Among other items, the Policy calls for the United States to restrict China-affiliated persons from investing in...more
5/6/2025
/ CFIUS ,
China ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Policy ,
Investment ,
National Security ,
New Regulations ,
Proposed Legislation ,
Trump Administration
On February 21, 2025, President Trump issued a memorandum titled "America First Investment Policy" (the “Policy”), outlining new measures to shape U.S. investment policy. Though the Policy makes it clear that the United...more
Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more
2/3/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Economic Sanctions ,
Export Controls ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Policy ,
Investment ,
Investors ,
National Security ,
NDAA ,
Technology Sector ,
Transparency
In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more
12/20/2024
/ Acquisitions ,
CFIUS ,
China ,
Compliance ,
Court of International Trade ,
Due Diligence ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Imports ,
Mergers ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
U.S. Customs ,
US Trade Policies
On November 17, 2024, the Department of the Treasury (“Treasury”), in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”), published a final rule (“Final Rule”)...more
Much has been written about the Corporate Transparency Act (“CTA”), which was enacted on January 1, 2021, and went into effect on January 1, 2024. Briefly, the CTA requires “reporting companies” to disclose beneficial...more
7/31/2024
/ Acquisitions ,
Beneficial Owner ,
CFIUS ,
Corporate Transparency Act ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Foreign Entities ,
Foreign Investment ,
National Security ,
Regulatory Agenda ,
Reporting Requirements
In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more
6/19/2023
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Corporations ,
Foreign Investment ,
Investors ,
Proposed Regulation ,
Proposed Rules ,
Real Estate Investments ,
Real Estate Market ,
U.S. Treasury
MENU InsightsAmid TikTok Tensions, CFIUS Signals Increased Enforcement and Other UpdatesBy: Derrick Kyle, Senior AssociateDate: 04/25/2023As TikTok CEO Shou Zi Chew was facing (often contentious) questions from members of...more
On February 4, 2022, the House of Representatives passed the National Critical Capabilities Defense Act of 2021 (“NCCDA”) as part of the much larger America Creating Opportunities for Manufacturing, Pre-Eminence in...more
On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security...more