The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on...more
On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more
An August 4 deadline is fast approaching for comments to the U.S. Department of the Treasury’s Notice of Proposed Rulemaking (NPRM) that was issued June 21. The NPRM will restrict, for national security purposes, specific...more
7/16/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Covered Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Nationals ,
Intelligence Services ,
Investment ,
Investment Funds ,
Popular ,
PRC ,
Semiconductors ,
U.S. Treasury
In this episode of the CryptoCounsel at Wiley, Josh talks with guest Nova Daly, a former U.S. national security official, to delve into the complexities of crypto regulation and international investment. They explore a...more
On May 13, 2024, President Biden took the rare step of issuing a Presidential decision ordering the divestment of Chinese-owned real estate located near the Francis E. Warren Air Force Base (Warren AFB) in Wyoming and the...more
5/17/2024
/ Bitcoin Mining ,
CFIUS ,
China ,
Cryptocurrency ,
Defense Production Act ,
Divestment ,
Investigations ,
Joe Biden ,
National Security ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more
Outbound foreign investments by U.S.-based companies in sensitive technologies may impact foreign companies from operating in the U.S. or doing business with U.S. companies. Mandatory filing requirements and high-profile...more
On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more
3/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
National Security ,
OEM ,
U.S. Commerce Department
On February 28, 2024, the White House released a highly anticipated and far-reaching Executive Order (EO) that directs several new regulatory steps to limit the transfer of sensitive personal data outside of the United States...more
3/4/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Consumer Financial Protection Bureau (CFPB) ,
Cross-Border Transactions ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Mobile Apps ,
Office of Foreign Assets Control (OFAC) ,
Privacy Concerns ,
Secretary of Defense ,
Sensitive Personal Information ,
Smart Devices ,
Telecommunications ,
U.S. Commerce Department
On January 18, 2024, the U.S. Government Accountability Office (GAO) released a public report that found the U.S. Department of Agriculture (USDA) does not share timely data on foreign investments in agricultural land with...more
Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more
12/19/2023
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Competition ,
Department of Defense (DOD) ,
FCC ,
FIRRMA ,
Foreign Adversaries ,
Foreign Investment ,
NDAA ,
Popular ,
Tariffs ,
Technology ,
U.S. Commerce Department
On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with...more
The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more
After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NDAA ,
Outbound Transactions ,
Semiconductors ,
U.S. Treasury
On June 7, 2023, the U.S. House of Representatives and U.S. Senate introduced bipartisan legislation that would give the U.S. government 21st Century tools to combat unfair trade practices. The Leveling the Playing Field 2.0...more
On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more
5/8/2023
/ Agricultural Sector ,
CFIUS ,
China ,
Department of Defense (DOD) ,
FIRRMA ,
Jurisdiction ,
National Security ,
Proposed Rules ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
In accordance with the Consolidated Appropriations Act, 2023 (Public Law 117-328), the U.S. Treasury and Commerce Departments recently issued reports to Congress outlining the contours of a proposed outbound investment review...more
On February 10, 2023, the Committee on Foreign Investment in the United States (CFIUS or the Committee) announced determinations that the United Kingdom (UK) and New Zealand have met the requisite criteria for remaining...more
2023 is expected to be a tumultuous year for trade in the advent of a new Congress and series of trade policy measures that were implemented in 2022. What will the 2023 trade agenda and playing field look like coming from the...more
1/20/2023
/ Biden Administration ,
China ,
Consolidated Appropriations Act (CAA) ,
Exporters ,
Importers ,
Inflation Reduction Act (IRA) ,
Semiconductors ,
Trade Negotiations ,
Trade Relations ,
US Trade Policies ,
Webinars
On December 29, 2022, President Biden signed into law an omnibus government spending package, which includes explanatory statements regarding outbound investment initiatives. According to media reports and official statements...more
WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more
On October 20, 2022, the Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines)....more
10/24/2022
/ CFIUS ,
China ,
Compliance ,
Defense Production Act ,
Enforcement Actions ,
Failure-to-File ,
Foreign Investment ,
Motion for Reconsideration ,
Negligence ,
Self-Disclosure Requirements ,
Third-Party ,
TikTok
On September 19, 2022, the U.S. General Services Administration (GSA) issued a request for information (RFI) on the “availability of domestically manufactured solar photovoltaic (PV) panels and components and feasibility of...more
On September 15, 2022, President Biden signed an executive order (EO) that reaffirms longstanding U.S. open investment policy and elaborates and expands on the existing list of statutory factors that the Committee on Foreign...more
9/20/2022
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cyber Threats ,
Executive Orders ,
Foreign Investment ,
Foreign Nationals ,
Manufacturers ,
National Security ,
Sensitive Business Information ,
Supply Chain ,
Technology
On September 14, 2022, the European Commission (EC) issued a proposal that would ban products made with forced labor across EU markets. The proposed ban would apply both to imports and exports and includes plans for removing...more
9/16/2022
/ China ,
Enforcement ,
European Commission ,
European Parliament ,
Export Bans ,
Exports ,
Forced Labor ,
Imports ,
Investigations ,
Member State ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
WTO