Key Takeaways:
• Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”).
• Critical technologies is...more
9/23/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Defense Production Act ,
Exon-Florio ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Real Estate Transactions
On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
The Committee on Foreign Investment in the United States, CFIUS, is the U.S. government agency that conducts national security reviews of foreign direct investment in the United States. The CFIUS rules have been significantly...more
4/10/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
National Security ,
Norway ,
UK
On March 8, the U.S. government signaled regulatory changes that may create new opportunities for international collaboration on satellite development, global sales of satellite and launch equipment, and even sharing launch...more
3/20/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Departments of Commerce ,
Export Controls ,
Foreign Policy ,
ITAR ,
National Security ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Satellites ,
Technology Sector ,
US Department of State ,
US Munitions List
• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
• You may submit comments on the criteria the U.S. government will use to determine what technologies...more
12/11/2018
/ Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Nationals ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector
Key Takeaways:
• Emerging technology sectors will soon be subject to new export controls.
• Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more
11/19/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Nationals ,
Mergers ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
• On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is...more
This week, you have likely heard about FIRRMA, the Foreign Investment Risk Review Modernization Act, the law that will expand CFIUS. We have written about a number of aspects of the new law as it was being made, including the...more
8/20/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Information Sharing ,
National Security ,
New Legislation ,
Personal Data ,
Reporting Requirements ,
Trump Administration
All this past week, you have been hearing about FIRRMA, the new legislation that will increase the powers of the Committee on Foreign Investment in the United States that is expected to be signed into law in the coming weeks....more
The U.S. House of Representatives passed a bill on Tuesday, July 10, expanding and increasing the powers of the Committee on Foreign Investment in the United States (CFIUS). The bill is called the Foreign Investment Risk...more
7/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
National Security ,
NATO ,
Pending Legislation ,
Technology Sector ,
Trump Administration
This week, there were reports that the Trump Administration would use emergency powers to restrict Chinese investment in the United States. On Wednesday, the White House backed away from that position after the House of...more
Chinese investment in the United States plummeted in 2017 and is likely to continue to fall. According to the Wall Street Journal, Chinese foreign direct investment in the United States declined 36% last year, from $46.2...more
• CFIUS takes an unprecedented step to fend off a potential foreign acquisition
• The threat that China will eclipse the U.S. in telecommunications infrastructure and technology is central to U.S. national security
•...more
3/9/2018
/ 5G Network ,
Advisory Opinions ,
Board of Directors ,
Broadcom ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Mergers ,
National Security ,
Qualcomm ,
Smartphones ,
Stockholders' Meetings ,
Takeover Bids ,
Technology Sector ,
Telecommunications ,
US Trade Policies
Since the U.S. Government determined that Russia interfered in the 2016 election, movement around Russia sanctions policy has been vigorous, if not unidirectional. In 2016, the United States implemented twice sanctions...more
2/9/2018
/ CAATSA ,
Defense Sector ,
Financial Institutions ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Privatization ,
Russia ,
Sanctions ,
Secondary Sanctions ,
US Department of State
CFIUS is expanding its reach. Where the Committee on Foreign Investment in the United States has generally scrutinized foreign acquisition of U.S. “critical infrastructure,” it has now signaled that it may look closely at any...more
‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more
12/14/2017
/ CFIUS ,
China ,
Cybersecurity ,
Data Security ,
Foreign Direct Investment ,
Foreign Investment ,
Joint Venture ,
National Security ,
Personal Data ,
Popular ,
Proposed Legislation ,
Real Estate Transactions
The other day I spoke to a colleague at the U.S. Department of the Treasury who works in the Office of Investment Security and said, “I heard CFIUS filings were going to break last year’s record total.” He just laughed. He...more
On September 13, 2017, the EU Commission released a proposed regulation establishing a framework for screening Foreign Direct Investments (FDI) in Europe. Several EU Member States have already implemented national mechanisms...more
12/14/2017
/ CFIUS ,
Critical Infrastructure Sectors ,
EU ,
EUMR ,
European Commission ,
Foreign Direct Investment ,
Member State ,
National Security ,
Proposed Regulation ,
Screening Procedures ,
Technology Sector
On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of...more