The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more
7/19/2024
/ Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NPRM ,
Outbound Transactions ,
Popular ,
Proposed Rules ,
Technology ,
Technology Sector ,
U.S. Treasury
As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more
On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Civil Monetary Penalty ,
Economic Sanctions ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Public Comment ,
Regulatory Agenda ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”)....more
Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023. The law directs the Department of the Treasury, in coordination with the Department of Commerce and other Federal partners, “to...more
4/4/2023
/ Biden Administration ,
CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Executive Orders ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Russia ,
U.S. Commerce Department ,
U.S. Treasury
The International Investment and Trade in Services Survey Act ("IITSSA"), 22 USC § 3101 requires the Bureau of Economic Analysis (“BEA”) within the U.S. Department of Commerce to conduct a national survey of foreign direct...more
3/28/2023
/ BEA ,
Benchmarks ,
Bureau of Economic Analysis ,
Corporate Counsel ,
Filing Deadlines ,
Foreign Direct Investment ,
Foreign Investment ,
Reporting Requirements ,
Required Forms ,
Surveys ,
U.S. Commerce Department
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in...more
The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more
8/11/2022
/ Annual Reports ,
CFIUS ,
China ,
Compliance ,
Corporate Counsel ,
Defense Production Act ,
FIRRMA ,
Foreign Investment ,
Government Investigations ,
National Security ,
Notice Requirements ,
Risk Mitigation
On June 6, 2022, the Office of Foreign Assets Control (“OFAC”) within the U.S. Department of the Treasury announced new Frequently Answered Questions (“FAQs”) that interpret several previous Executive Orders (“EOs”) issued by...more
6/10/2022
/ Accounting ,
Biden Administration ,
Consultants ,
Contract Management ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
Financial Services Industry ,
Foreign Investment ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more
11/4/2021
/ Acquisitions ,
Agribusiness ,
Beverage Manufacturers ,
CFIUS ,
Cross-Border ,
Cross-Border Transactions ,
Cyber Attacks ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Foreign Investment ,
Mergers ,
National Security ,
Popular ,
Proposed Legislation ,
Supply Chain ,
Technology ,
U.S. Treasury ,
USDA
On January 19, 2021, one day before the transition to the new Biden Administration, the U.S. Department of Commerce published its interim final regulations (“Regulations”) that will allow the United States to review, block,...more
3/26/2021
/ Biden Administration ,
CFIUS ,
China ,
Electronic Communications ,
Foreign Investment ,
Information Technology ,
Interim Final Rules (IFR) ,
Licensing Rules ,
Prohibited Transactions ,
Technology ,
U.S. Commerce Department
On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more
11/20/2020
/ China ,
Corporate Counsel ,
Defense Sector ,
Department of Defense (DOD) ,
Divestment ,
Entity List ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Trump Administration ,
US Trade Policies
Beginning May 1, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) will require a filing fee in connection with any formal notice of a “covered transaction” or a “covered real estate transaction.” The...more
The U.S. Department of the Treasury’s Office of Investment Security published proposed regulations on September 24 (“Proposed Regulations”). Under the Proposed Regulations, more foreign investment transactions will be subject...more
10/31/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Personal Data ,
Proposed Regulation ,
Real Estate Transactions ,
Tribal Corporations ,
U.S. Treasury
A little more than two months after the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) was signed into law, the United States Department of the Treasury (has invoked its new authority under the FIRRMA to...more
10/24/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Administration Regulations (EAR) ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Reporting Requirements ,
U.S. Treasury
After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more
8/15/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury