The report shows a decline in filings, new mitigation measures and conditions, and continued emphasis on monitoring and enforcement.
On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS)...more
The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US.
On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more
7/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Controlled Foreign Corporations ,
Covered Entities ,
Executive Orders ,
Foreign Investment ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
Military End Use ,
National Security ,
Outbound Transactions ,
Popular ,
Prohibited Transactions ,
Proposed Regulation ,
Public Comment ,
SDN List ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
The proposal signals a continued effort to expand CFIUS’s enforcement scope and update penalties.
On April 11, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (the Proposed Rule)...more
All international Section 214 authorization holders should begin preparing the information required for disclosure as early as possible.
On December 13, 2023, the Federal Communications Commission’s (FCC’s) Office of...more
After publicly signaling support for an outbound investment screening mechanism in July 2022, the Biden Administration has issued a long-anticipated Executive Order to address certain investments by US persons in “countries...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Comment Period ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
International Emergency Economic Powers Act (IEEPA) ,
Macau ,
National Security ,
Outbound Acquisitions ,
Outbound Transactions ,
Prohibited Transactions ,
U.S. Treasury
The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance.
On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more
8/8/2023
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Enforcement ,
Foreign Acquisitions ,
Foreign Investment ,
Life Sciences ,
National Security ,
Singapore ,
United Arab Emirates (UAE)
The recent developments signal a renewed vigor to protect US national security.
This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more
While the Guidelines are not legally binding, they signal CFIUS’s clear intent to take an active approach to compliance and enforcement.
On October 20, 2022, the US Department of the Treasury, as Chair of the Committee on...more
President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors.
On September 15, 2022, President Biden issued an Executive...more
9/27/2022
/ Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
National Security ,
Personal Data ,
Risk Mitigation ,
Supply Chain ,
Technology Sector
The report reflects CFIUS’ work during the first full year since the Foreign Investment Risk Review Modernization Act implementing regulations took effect.
On August 2, 2022, the Committee on Foreign Investment in the...more
If enacted, the bill would establish an interagency committee in the US to review certain outbound investment and other activity affecting supply chain security, domestic production, and manufacturing capacities.
Key...more
Applicants with reportable foreign ownership must be prepared to submit responses to standard national security and law enforcement questions before or at the time of filing with the FCC.
On September 30, 2021, the...more
With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more
2/17/2021
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Biden Administration ,
Broadband ,
CFIUS ,
Climate Change ,
Commodities ,
Congressional Oversight ,
Cybersecurity ,
Data Privacy ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
FCC ,
Health Care Providers ,
Investigations ,
Legislative Agendas ,
Life Sciences ,
Net Neutrality ,
Regulatory Agenda ,
Sanctions ,
Securities Regulation ,
White Collar Crimes
The new rules offer greater regulatory certainty and improve transparency in the Team Telecom review process.
On September 30, 2020, the Federal Communications Commission (the FCC) adopted a Report and Order (the Order)...more
CFIUS continued to have a busy year in 2018, and CFIUS reveals first available data about the declaration process under the new Pilot Program.
On May 16, 2020, the Committee on Foreign Investment in the United States...more
The new filing fees can be as high as $300,000 for covered transactions valued at $750 million or more.
On April 27, 2020, the US Treasury Department announced in an interim rule with request for comments that the Committee...more
Under the final regulations, CFIUS filings for certain transactions will be required, and CFIUS will have broader jurisdiction to review certain foreign investments.
On January 13, 2020, the US Treasury Department published...more
1/22/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Australia ,
Bureau of Industry and Security (BIS) ,
Canada ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
NAICS ,
National Security ,
Private Equity ,
Real Estate Transactions ,
U.S. Commerce Department ,
UK
BIS designates Huawei Technologies Co., Ltd. and certain of its affiliates to the Entity List, restricting their ability to receive US products, software, and technology.
On May 16, 2019, the US Commerce Department’s...more
5/24/2019
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
Telecommunications ,
U.S. Commerce Department
Landmark ruling establishes a variety of new obligations, but long-term effects remain unclear.
On November 2, 2016, the US Federal Communications Commission (FCC) released an order adopting new privacy rules that will...more