At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more
3/27/2024
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
EU ,
European Economic Area (EEA) ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Germany ,
Greenfield Projects ,
Member State ,
Mergers ,
National Security ,
New Guidance ,
Outbound Transactions ,
Proposed Amendments ,
Publicly-Traded Companies ,
Sensitive Personal Information ,
Technology Sector ,
UK
In addition to compliance considerations under US sanctions associated with activities of U.S. persons, companies should also ensure that their compliance programs take into account the expansion under U.S. export controls of...more
12/13/2021
/ Burma ,
Cambodia ,
Chemical Weapons ,
Chief Compliance Officers ,
China ,
Compliance ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Military End Use ,
National Security ,
Nuclear Weapons ,
Prohibited Transactions ,
Russia ,
U.S. Commerce Department ,
Venezuela
U.S. and multinational companies with business involving China should be on the alert given recent changes in U.S. export controls and sanctions. During the months of June and July this year, the U.S. government has taken...more
9/2/2021
/ Biden Administration ,
China ,
Compliance ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Hong Kong ,
Multinationals ,
National Security ,
SDN List ,
Supply Chain ,
Trump Administration
Adding to the challenges of implementing the expanded military end use/end user rule in Part 744.21 of the Export Administration Regulations (“EAR”), restrictions on transactions involving military-intelligence end uses and...more
Parties to transactions requiring review by the Committee on Foreign Investment in the United States (“CFIUS”) and/or the United States Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”)...more
On October 10, 2018, CFIUS published what may be only its first set of interim rules implementing specific provisions of the Foreign Risk Review Modernization Act (FIRRMA). These rules: (1) create a pilot program both...more
10/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
NDAA
On August 13, President Trump signed into law the National Defense Authorization Act of 2019 (NDAA), a $716 billion defense spending bill that includes the Foreign Investment Risk Review Modernization Act (FIRRMA), which...more
On March 12, 2018, President Trump issued an Executive Order blocking the proposed $117 billion hostile takeover of Qualcomm Incorporated by Broadcom Limited following a recommendation from the Committee on Foreign Investment...more
Change may be coming to the Committee on Foreign Investment in the United States (CFIUS), but any changes to the jurisdiction or process used by the multi-agency committee that reviews foreign investments in U.S. business for...more