In 2024, the Biden Administration substantially expanded executive branch power to monitor foreign investment into and out of the United States. First, the administration continued efforts to aggressively police compliance...more
2/13/2025
/ Acquisitions ,
Artificial Intelligence ,
CFIUS ,
China ,
Cross-Border Transactions ,
Export Controls ,
Foreign Investment ,
Investment ,
Investment Opportunities ,
Mergers ,
National Security ,
Technology Sector ,
Trump Administration
On October 28, the Biden Administration released its long-awaited final rule to restrict U.S. investment in China. This outbound investment regime, which is effective January 2, 2025, will impact all U.S. companies and...more
11/5/2024
/ Artificial Intelligence ,
Biden Administration ,
China ,
Compliance ,
Corporate Counsel ,
Final Rules ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Technology Sector ,
U.S. Treasury
Navigating the expanding defense technology subsector of the emerging company ecosystem requires careful planning and execution.
Beyond putting together a trusted team and developing a uniquely marketable product, defense...more
11/28/2023
/ Capital Formation ,
Capital Raising ,
Corporate Financing ,
Defense Sector ,
Early Stage Companies ,
Entrepreneurs ,
Federal Contractors ,
Foreign Investment ,
Seed Financing ,
Small Business ,
Startups ,
Strategic Planning ,
Technology ,
Venture Capital
The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
NAICS ,
National Security ,
Outbound Transactions ,
Popular ,
Proposed Regulation ,
Supply Chain ,
Technology Sector ,
U.S. Treasury
The Committee on Foreign Investment in the United States (CFIUS) reviewed a record number of transactions for national security risks in 2022: 440 covered transactions, up from 436 transactions in 2021, according to its...more
Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more
2/22/2023
/ Acquisitions ,
CFIUS ,
Compliance ,
Covered Transactions ,
Cross-Border Transactions ,
Foreign Investment ,
Mergers ,
NAICS ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements
On September 15, 2022, President Biden signed an Executive Order (EO) identifying economic sectors that merit special attention for review by the Committee on Foreign Investment in the United States (CFIUS or the Committee)....more
9/20/2022
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investors ,
National Security ,
Sensitive Personal Information ,
Supply Chain ,
Technology Sector
The Committee on Foreign Investment in the United States (CFIUS) is reviewing a record number of transactions for national security risks, according to a recently released Annual Report to Congress for Calendar Year 2021. ...more
The administration of President-elect Joe Biden and Vice President-elect Kamala Harris will break sharply from the policies of the Trump Administration in many ways. But one area where we expect more continuity than change is...more
The US Department of the Treasury recently published for public comment two proposed regulations that will expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) and make substantive...more
9/27/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
On October 10, 2018, the US Department of the Treasury launched a significant pilot program to implement part of the Foreign Investment Risk Review Modernization Act (FIRRMA) while final rules are being crafted. The pilot...more
10/17/2018
/ CFIUS ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
NDAA ,
New Regulations ,
Trump Administration ,
U.S. Treasury
On August 1, 2018, the Senate passed the National Defense Authorization Act for Fiscal Year 2019 (NDAA). The House of Representatives passed the same bill last week, and it will now go to the President for his signature....more
In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more
6/6/2016
/ Acquisitions ,
Annual Reports ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Defense Sector ,
Divestment ,
Due Diligence ,
Foreign Investment ,
Japan ,
National Security ,
Supply Chain ,
UK