On February 21, 2025, the White House released President Donald Trump’s “America First Investment Policy” memorandum (Investment Policy), which outlined several initiatives to incentivize investment from U.S. allies and...more
Several of President Donald Trump’s initial actions — from an executive order instituting a new artificial intelligence (AI) policy framework, to those directing the use of the U.S. military to provide border security, the...more
2/4/2025
/ Artificial Intelligence ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Supply Chain ,
Technology Sector ,
Trump Administration ,
U.S. Commerce Department
We are pleased to present the inaugural episode of our “Foreign Correspondent” FDI podcast, a monthly conversation about foreign investment screening. In this episode, host and Skadden counsel Jason Hewitt leads a discussion...more
The Department of the Treasury (Treasury) has released a final rule imposing restrictions on U.S. outbound investment in Chinese companies active in developing certain national security technologies (Final Outbound Rule)....more
11/8/2024
/ Artificial Intelligence ,
CFIUS ,
Covered Transactions ,
Final Rules ,
Foreign Investment ,
Foreign Persons ,
Lawful Permanent Residents ,
National Security ,
Outbound Transactions ,
Popular ,
Private Equity ,
Prohibited Transactions ,
Technology ,
U.S. Treasury
On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more
On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more
7/1/2024
/ Artificial Intelligence ,
CFIUS ,
Foreign Investment ,
International Trade ,
Investment ,
Investors ,
National Security ,
Private Equity ,
Prohibited Transactions ,
Proposed Rules ,
Regulatory Requirements ,
Technology ,
U.S. Treasury
On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to...more
On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Technology Sector
The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic...more
On September 15, 2022, President Joe Biden issued an executive order (EO) “on ensuring robust consideration of evolving national security risks” by the Committee on Foreign Investment in the United States (CFIUS or the...more
Bipartisan, bicameral support is mounting for legislation that would create a mandatory outbound investment screening regime to review U.S. investments in China and other countries identified by Congress as countries of...more
Takeaways -
Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments.
Many jurisdictions now require filings for investments in the...more
Takeaways -
Chinese investments requiring CFIUS review have declined as the U.S. scrutinizes those transactions aggressively, and rules governing interactions with “Chinese military-industrial complex companies” have been...more
Three Key Takeaways -
There was, and remains, strong parliamentary consensus for reform to the UK’s foreign investment screening laws, stemming from sharpening geopolitical and strategic threats and the growing national...more
The UK government’s long-awaited National Security and Investment Bill (the Bill), which paves the way to significant changes in the UK’s regime for screening foreign investment, was laid before Parliament on 11 November...more
On September 15, 2020, the Treasury Department issued final regulations that define when it is mandatory to file with the Committee on Foreign Investment in the United States (CFIUS). This final rule builds on regulations...more
9/23/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
NAICS ,
Technology Sector ,
U.S. Treasury
On July 30, 2020, the Committee on Foreign Investment in the United States (CFIUS or the Committee) released its annual report to Congress for calendar year 2019. CFIUS, an interagency committee led by the U.S. Department of...more
In recent months, European states have raced to implement protections against opportunistic acquisitions of key local businesses by foreign buyers amid the economic disruption caused by the spread of COVID-19. ...more
Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...more
5/27/2020
/ Amended Rules ,
Annual Reports ,
Bulk Electric System ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FCC ,
Filing Fees ,
FIRRMA ,
Foreign Investment ,
Huawei ,
Imports ,
Investment Funds ,
ITAR ,
Mandatory Declarations ,
NAICS ,
National Security ,
Nuclear Regulatory Commission ,
Proposed Rules ,
Section 232 ,
Technology Sector ,
Telecommunications ,
Trump Administration
The January 13, 2020, regulations issued by the U.S. Department of the Treasury (Treasury), on behalf of the Committee on Foreign Investment in the United States (CFIUS or the Committee), to implement the Foreign Risk Review...more
On December 31, 2019, the French government issued decree nº 2019-1590 (the 2019 Decree), together with an administrative order of the same date (the Order), that comprehensively reshaped French foreign investment rules (as...more
As companies and investors navigate the COVID-19 pandemic, they will grapple both with operational disruptions and shifting legal and regulatory environments. On the latter fronts, there is some good news for those involved...more
President Donald Trump announced that he intends to invoke the Defense Production Act of 1950 (DPA) in response to the COVID-19 coronavirus pandemic. The DPA grants the executive branch of the federal government broad...more
3/24/2020
/ Antitrust Immunity ,
Blocked Mergers ,
CFIUS ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Foreign Investment ,
Manufacturing Facilities ,
Private Sector ,
State of Emergency ,
Supply Chain ,
Trump Administration
With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more
3/11/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Data Collection ,
Digital Data ,
Divestiture ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Filing Fees ,
Foreign Acquisitions ,
Foreign Investment ,
Germany ,
Hotels ,
Huawei ,
Innovative Technology ,
NAICS ,
National Security ,
National Security Review Proceedings ,
OIRA ,
Semiconductors ,
Trump Administration ,
U.S. Treasury
In this month's edition, we examine the California attorney general's proposed modified regulations under the CCPA, the Treasury Department's new CFIUS regulations, and the SEC Office of Compliance Inspections and...more
3/3/2020
/ BPCIA ,
Business Losses ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Foreign Investment ,
OCIE ,
Popular ,
Privacy Laws ,
Ransomware ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Standing ,
State Privacy Laws ,
U.S. Treasury ,
UK ICO