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CFIUS Annual Report Touts an Increase in Penalties and Efficiency in Transaction Reviews

While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more

Treasury Proposes Expansion of CFIUS Real Estate Review Authority

On July 8, 2024, the U.S. Department of the Treasury ("Treasury") issued a proposed rule to expand the Committee on Foreign Investment in the United States' ("CFIUS") jurisdiction over certain categories of foreign investment...more

Singapore Passes Significant Investments Review Bill in Relation to Transactions Involving National Security Assets

In recent years, the world has witnessed heightened sensitivity surrounding foreign investments, leading to increased regulatory scrutiny of foreign direct investments ("FDI") on the basis of national security concerns. The...more

Biden Administration Issues Highly Anticipated Executive Order on U.S. Investment in China

The Biden administration has issued a long-anticipated executive order targeting U.S. outbound investment in certain Chinese industries; however, significant steps remain before these measures are fully implemented....more

Commerce Department Issues Final Rule on Information and Communications Technology Supply Chain

On June 16, the U.S. Department of Commerce published a final rule, effective July 17, 2023, on Securing the Information and Communications Technology and Services ("ICTS") Supply Chain, signaling potential new actions on...more

Commerce Publishes Proposed Rule Setting Conditions for Use of CHIPS Funding

In Short - The Situation: The U.S. Department of Commerce ("Commerce") recently published a proposed rule to implement the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") Act, a domestic manufacturing...more

CFIUS Releases First-Ever Penalty and Enforcement Guidelines

The Committee on Foreign Investment in the United States ("CFIUS") has released its first-ever enforcement and penalty guidelines—putting industry on notice and inviting self-disclosures....more

New Biden Executive Order Aims to Set Focus of Future CFIUS National Security Reviews

On September 15, 2022, President Biden issued an EO "elaborating and expanding" upon the factors CFIUS must consider as part of its national security review process. Although the EO does not change the formal CFIUS process or...more

CFIUS Annual Report Sheds Light on Key Transaction Review Trends

In Short - The Situation: In early August 2022, the Department of the Treasury's Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") released its new annual report. ...more

President Biden Issues Executive Order Modifying Restrictions on U.S. Investment in Chinese Military-Industrial Complex Companies

The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more

Recent Executive Actions Represent Latest Evolution of U.S.-China Relations

President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more

White House Calls for Federal Reforms in Long-Anticipated Cybersecurity Executive Order

President Biden's Executive Order calls for an extensive reassessment and revamping of the federal government's cybersecurity defenses and incident response capabilities, establishing benchmarks that may inform standards...more

Commerce Department Rule Authorizes Review of ICTS Transactions Involving "Foreign Adversaries"

The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more

China Releases Rules to Address Extra-Territorial Applications of Foreign Laws

The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more

New Executive Order Bars Certain U.S. Investments in Chinese "Military Companies"

On November 12, 2020, President Trump issued an Executive Order titled "Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies," which will prohibit U.S. persons from participating...more

OFAC Guidance on Ransomware Payments Highlights Sanctions Violations Risk

The Situation: In an October 1, 2020, Advisory, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") warned that companies that make or facilitate ransomware payments to threat actors who are...more

CFIUS To Base Mandatory Critical Technology Reviews on Export Control Criteria

The Situation: The U.S. Department of the Treasury ("Treasury Department") recently issued proposed regulations that will alter and in some cases expand the scope of critical technology foreign investments subject to...more

Facing FIRRMA: CFIUS Review of the Biotechnology and Life Sciences Sector

The Situation: The Committee on Foreign Investment in the United States ("CFIUS," or the "Committee") recently published draft regulations implementing the Foreign Investment Risk Review Modernization Act ("FIRRMA"), which...more

United States Imposes Sanctions on Russia; More Significant Sanctions Possible

The Situation: The U.S. government imposed initial sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991. The sanctions relate to the March 2018 attempted assassination of...more

CFIUS Reform Legislation Update

On May 11, 2018, the U.S. Senate Committee on Banking, Housing and Urban Affairs ("Committee") released a "discussion draft" of the Committee's amendment to the Foreign Investment Risk Review Modernization Act of 2017...more

Impact of U.S. Withdrawal from the Iran Nuclear Deal

The Situation: On Tuesday, May 8, 2018, President Trump announced that the United States has withdrawn from the Iran Nuclear Deal and will fully reimpose its suspended sanctions targeting Iran. The Result: All currently...more

U.S. Sanctions Imposed on Russian Individuals, Associated Entities and Government Officials

The Situation: The Trump Administration has imposed sanctions against a number of high-profile Russian individuals and entities by adding them to the Specially Designated Nationals and Blocked Persons ("SDN") List. The...more

CFIUS: Evolution Yields to Revolution

While 2017 was an evolutionary year for the Committee on Foreign Investment in the United States ("CFIUS"), 2018 portends to be a revolutionary year. A number of factors, including a new President, growing concerns over...more

U.S. Congress Introduces Legislation to Change Foreign Direct Investment Review

Congress recently introduced two pieces of legislation that could significantly change foreign direct investment review in the United States. The Foreign Investment Risk Review Modernization Act of 2017 ("FIRRMA") seeks to...more

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