The President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more
Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more
President Biden issued a new Executive Order 14024 (“E.O. 14024”) on April 15, 2021, expanding sanctions against Russia. E.O. 14024 authorizes, for the first time, U.S. sanctions against Russian technology companies and,...more
4/21/2021
/ Biden Administration ,
Crimea ,
Critical Infrastructure Sectors ,
Defense Sector ,
Economic Sanctions ,
Executive Orders ,
Financial Institutions ,
Foreign Policy ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
SDN List ,
SolarWinds ,
Sovereign Debt ,
State-Owned Enterprises ,
Technology Contracts
As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more
9/16/2020
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
Regulatory Requirements
The Committee on Foreign Investment in the United States (“CFIUS”) issued a proposed rule on May 21, 2020 that would: (a) modify the scope of the mandatory filing regime for certain “critical technology” transactions by...more
For the first time, starting on May 1, 2020, parties that submit formal notices to the Committee on Foreign Investment in the United States (“CFIUS”) with respect to covered foreign investment transactions and covered real...more
It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more
To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more
3/12/2020
/ CFIUS ,
Comment Period ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Proposed Regulation ,
Public Comment ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Reporting Requirements
The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more
1/21/2020
/ CFIUS ,
Change of Control ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment ,
Investment Funds ,
Jurisdiction ,
National Security ,
New Regulations ,
Personal Data ,
Popular ,
Principal Place of Business ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Sensitive Personal Information
With new Iran-related sanctions, the U.S. government is making good on threats to give third-country companies a choice – participate in the U.S. market or participate in the Iranian market.
...more
1/13/2020
/ Aluminum Sales ,
Blocked Person ,
Critical Infrastructure Sectors ,
Economic Sanctions ,
Executive Orders ,
Foreign Corporations ,
Foreign Policy ,
Foreign Relations ,
Goods or Services ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Steel Industry ,
Trump Administration ,
U.S. Treasury
On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more
1/2/2020
/ Aircraft ,
Aircraft Equipment ,
Aircraft Sales ,
CAATSA ,
Criminal Investigations ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Drug & Alcohol Abuse ,
Drug Trafficking ,
Economic Sanctions ,
Energy Policy ,
Energy Projects ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Persons ,
Foreign Relations ,
Germany ,
Huawei ,
Iran ,
Iran Sanctions ,
National Security ,
Natural Gas ,
NDAA ,
North Korea ,
Oil & Gas ,
Opioid ,
Pain Management ,
Patriot Act ,
Pharmaceutical Industry ,
Pipelines ,
Popular ,
Procurement Guidelines ,
Risk Management ,
Russia ,
Strict Compliance ,
Supply Chain ,
Syria ,
Telecommunications ,
Trump Administration ,
Turkey ,
U.S. Commerce Department ,
United Nations
On November 27, 2019, the U.S. Department of Commerce (“Commerce”) published a proposed rule, “Securing the Information and Communication Technology and Services Supply Chain,” that would implement Executive Order 13873 of...more
12/23/2019
/ Comment Period ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Digital Marketplace ,
Factoring Transactions ,
Foreign Adversaries ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department