On May 11, 2020, we issued an Alert on BE-10. Essentially, any US person that owns 10% or more of the voting stock (or equivalent) in a foreign business enterprise at December 31, 2019 is required to file the survey...more
I. Introduction -
The BE-10 benchmark survey of U.S. Direct Investment Abroad is a survey conducted every five years by the Bureau of Economic Analysis (the "BEA") of the U.S. Department of Commerce in order to obtain...more
On January 13, 2020, the U.S. Department of Treasury issued final regulations (the "Final Rules") that implement most of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). While the Final Rules provide...more
1/24/2020
/ CFIUS ,
Corporate Counsel ,
Covered Real Estate Transactions ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Final Rules ,
FIRRMA ,
Foreign Governments ,
Foreign Investment ,
Foreign Persons ,
Mandatory Disclosure Rules ,
NAICS ,
National Security ,
National Security Review Proceedings ,
Non-Controlling Interests ,
Principal Place of Business ,
Real Estate Transactions ,
U.S. Treasury
Pilot Program Mandatory Filing Requirement – Private Investment Fund Considerations -
The potential for national security review of foreign investment in the U.S. has been around for 30 years since the 1988 enactment of...more
11/1/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Data Security ,
Export Control Reform (ECR) ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
National Security