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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

GAO Finds Significant Gaps in Current Information Collection Process for Non-US Ownership of US Agricultural Land

The Government Accountability Office (GAO) has issued its report on the national security implications of how the US government collects, shares, and considers foreign purchases and ownership of US agricultural land. It...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

How the CFIUS Springing Rights FAQ Could Impact Sovereign Wealth Funds

The Committee on Foreign Investment in the United States (CFIUS) caught some lawyers and businesses off guard in early May 2023 when it issued new Frequently Asked Questions (FAQ) indicating that staged transactions that...more

Key Players and Current Issues in US-China Policymaking

Tensions between the United States and China have increased markedly in recent years, ushering in possible implications for both long-term national security and everyday commerce. As a first step in navigating potential and...more

Avoiding Past Mistakes in US Outbound Investment Regulation: Key Questions for Congress to Consider

This Insight outlines, at a high level, the prior US outbound investment regime, its structure, and some reasons for its ultimate demise. We discuss some useful lessons from the prior attempt and identify areas where...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

Analysis: It’s Time to Create ‘The Commission on Foreign Investment and National Security’

Given its existing limitations, the Committee on Foreign Investment in the United States is ready for its next evolution—not a tweaking around the edges of an existing process that continues to perpetuate limitations to the...more

Implications for US Nuclear – Recent CFIUS Proposed Changes to Mandatory Filings

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) published proposed rule changes on May 21 addressing when parties must notify the Committee of proposed transactions....more

Treasury Department Issues Mandatory Survey of Foreign Ownership of Securities

The US Department of Treasury published a Federal Register notice on June 8 announcing a mandatory survey regarding foreign ownership of US securities. The survey is being conducted under the authority of the International...more

CFIUS’s Final Real Estate Regulations: Still a Largely Voluntary Process

The CFIUS real estate regulations reflect a new emphasis on real estate transactions based on proximity to military installations and certain critical infrastructure, requiring careful analysis when deciding whether a real...more

The New CFIUS ‘Geographic Reference Tool’ – Handle With Care

Released last month by the Committee on Foreign Investment in the United States, the Geographic Reference Tool is a useful starting point in determining what constitutes covered real estate transactions, but does not provide...more

CFIUS Issues Final Regulations Under FIRRMA: Healthcare Industry

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). ...more

CFIUS Issues Final Regulations Under FIRRMA

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) on January 13 published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA...more

CFIUS's Proposed Rule Expands Reach to Real Estate Deals

On September 17, 2019, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued proposed regulations implementing the remaining aspects of the Foreign Investment Risk Review and Modernization...more

Highlights from CFIUS's New Proposed Regulations Implementing FIRRMA

The Committee on Foreign Investment in the United States (CFIUS) on September 17 released its long-awaited proposed regulations implementing many aspects of the Foreign Investment Risk Review and Modernization Act of 2018...more

Voluntary CFIUS Notices Remain Important Under FIRRMA

With many companies focused on analyzing transactions for applicability of the Committee on Foreign Investment in the United States’ (CFIUS or Committee) pilot program mandatory declaration requirements, transacting parties...more

CFIUS Scratches the FIRRMA Itch – Pilot Programs Begin Early Implementation

The August 2018 enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA) came after more than two years of debate over the appropriate scope of jurisdiction for the Committee on Foreign Investment in the...more

Implications for Chinese Investment in the US After Section 301 Report

Section 301 provides the president with broad authority to implement new policies and procedures that could impact reviews of Chinese investment in the United States. The president could rely on the International Emergency...more

Gearing Up for the Impact of Section 301 Trade Remedies

The imposition of trade remedies against China requires both importers and exporters to prepare for the potential impact of tariffs and expanded foreign investment review....more

Senate Bill Proposes New Review of Certain Foreign Investments’ Effects on US Economy

The recently introduced legislation would establish a new US Department of Commerce review of foreign investment transactions to determine their effect on US economic interests and domestic industry, giving Commerce the...more

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