On October 20, 2022, the Committee on Foreign Investment in the United States (“CFIUS”) issued new Enforcement and Penalty Guidelines (the “Guidelines”). The Guidelines follow closely on the heels of an executive order re-emphasizing the U.S. Government’s strategic and policy focus on non-U.S. parties’ access to and influence or control of sensitive data, technologies, infrastructure, supply chains, and other national security-sensitive equities. The Guidelines signal CFIUS’s commitment to increasing accountability and consistency in its approach to exercising authority to review and mitigate national security risk arising from covered foreign investment in U.S. businesses and real estate implicating these sensitive equities.

From 12-1:30 PM EDT on Tuesday, November 8, 2022, please join us for a free, CLE-eligible webinar with an interdisciplinary panel of experts with unique perspective on the creation and probable impact of the Guidelines, including:

• the former Chief of CFIUS Compliance and Enforcement (who had a significant role in drafting the Guidelines),
• a former Security Officer for three sensitive CFIUS mitigation agreements, and
• a Third Party Monitor and Auditor for numerous CFIUS mitigation agreements.

The session will address numerous Guidelines-critical issues, including:

• What concerns are the Guidelines intended to address?
• Why were the Guidelines issued now?
• What are the Guidelines principal provisions?
• What will be the impact of the Guidelines on CFIUS’ approach to compliance and enforcement?
• What do the Guidelines mean for:
• Transaction parties?
• Mitigated entities?
• Practitioners?
• Third party oversight?
• What are the implications of the Guidelines for compliance with CFIUS mitigation?

Interested practitioners, investors, enterprise leaders, and professionals should join us for a timely webinar discussion.

Speakers