One of the bigger surprises in the history of the Committee on Foreign Investment in the United States (CFIUS) began to unfold in May 2023, when CFIUS posted a new Q&A on the FAQ section of the CFIUS website. The FAQ...more
On March 23, 2023, the National Institute of Standards and Technology (NIST) released a Notice of Proposed Rulemaking (proposed rule) that sets forth the national security guardrails for funding under the CHIPS and Science...more
This year's version of the annual Committee on Foreign Investment in the United States (CFIUS) report, released on August 2, 2022, and covering calendar year 2021, has a Dickensian quality. As usual, it's a dense work. But...more
On June 16, 2022, the Department for Business, Energy, and Industrial Strategy (BEIS) published its first annual report regarding the National Security and Investment Act 2021 (the NSI Act). The report solely covers the...more
The United Kingdom's National Security and Investment Act (the NSI Act) is now fully in force. First proposed in 2016, the NSI Act creates a stand-alone regime that authorizes the UK government to consider and address the...more
1/4/2022
/ Acquisitions ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Defense Sector ,
Foreign Acquisitions ,
Foreign Investment ,
Investors ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Public Interest ,
UK
On October 15, 2020, the final rule implementing the baseline requirements of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect. This final rule altered the mandatory filing rules of the...more
For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more
3/10/2020
/ Acquisitions ,
Blocked Mergers ,
CFIUS ,
Corporate Counsel ,
Covered Real Estate Transactions ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Divestiture ,
Executive Orders ,
Filing Fees ,
FIRRMA ,
Foreign Investment ,
National Security ,
Rulemaking Process ,
Statutory Authority ,
U.S. Treasury
A Summary and a Business Decision-Maker's Chart for the Path Forward -
On January 13, 2020, the U.S. Department of the Treasury issued final rules fully implementing the new powers granted to the Committee on Foreign...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Federal Pilot Programs ,
Foreign Investment ,
Inbound Investments ,
Mandatory Declarations ,
National Security ,
New Rules ,
Popular ,
U.S. Treasury
As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more
10/19/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
Trump Administration ,
U.S. Commerce Department