NDAA, FIRRMA | JD Supra

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

Lowenstein Sandler LLP on 5/9/2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

Wiley Rein LLP on 12/19/2023

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

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on 11/2/2023

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

CFIUS Releases 2022 Annual Report as Congress Considers Expanding CFIUS Jurisdiction

Wiley Rein LLP on 8/22/2023

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

All Eyes on China: Upcoming Restrictions on Outbound Investment

Pillsbury Winthrop Shaw Pittman LLP on 7/27/2023

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

Congress Reportedly Advances Broad Proposal for Outbound Screening of US Investments in Identified Countries of Concern, Including...

Skadden, Arps, Slate, Meagher & Flom LLP on 6/29/2022

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

Huawei Rule Part 2: You “Use,” You Lose (Government Contracts)

ArentFox Schiff on 8/14/2020

The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

Hogan Lovells on 2/6/2020

After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...more

How the Latest CFIUS Regulations Will Impact U.S. and Non-U.S. Companies and Investors

Faegre Drinker Biddle & Reath LLP on 10/28/2019

The U.S. Treasury Department recently signaled that it is close to finalizing new regulations that will apply to investments by non-U.S. investors in U.S. companies, assets, and real estate subject to review under the...more

5 Tips for Complying with New Section 889 Supply Chain Regulations

Blank Rome LLP on 10/8/2019

As part of a recent wave of supply chain requirements, Section 889 of the 2019 National Defense Authorization Act (“NDAA”) imposed major new limitations on the use of certain Chinese telecommunications products and services...more

New Huawei Rule: What it Means for US Companies

ArentFox Schiff on 8/27/2019

In another blow to Huawei, on August 7, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal...more

Agencies Release Interim Final Rule Implementing First Phase of 2019 NDAA Section 889

Akin Gump Strauss Hauer & Feld LLP on 8/12/2019

• On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019. • Among its...more

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2019

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

BIS Requests Comments on "Emerging" Technologies for CFIUS and Export Control Reforms

Baker Donelson on 12/3/2018

The Committee on Foreign Investment in the United States (CFIUS) reform legislation, titled the Foreign Investment Risk Review Modernization Act (FIRRMA), was signed into law in August 2018 as a part of the National Defense...more

The Emerging List of "Emerging and Foundational Technologies"

Jones Day on 11/26/2018

The Situation: On November 14, 2018, the U.S. Department of Commerce ("Commerce")'s Bureau of Industry and Security ("BIS") issued an advanced notice of proposed rulemaking ("Notice") that seeks public comments for defining...more

CFIUS Expansion Brings Federal Review to Real Estate

Snell & Wilmer on 11/16/2018

On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more

The "Emerging and Foundational" Impact of the Export Control Reform Act

Miller Canfield on 10/31/2018

The Export Control Reform Act of 2018 (ECRA) will have a foundational and emerging impact on the future of U.S. export controls and foreign direct investment. The ECRA sits within the voluminous John S. McCain National...more

Treasury Requires Mandatory Filings for Foreign Investments in Specified US Businesses

WilmerHale on 10/17/2018

On October 10, 2018, the US Department of the Treasury launched a significant pilot program to implement part of the Foreign Investment Risk Review Modernization Act (FIRRMA) while final rules are being crafted. The pilot...more

CFIUS Pilot Program Requires Mandatory Filings for Certain Transactions Involving “Critical Technologies”

BCLP on 10/16/2018

On October 10, 2018, CFIUS published what may be only its first set of interim rules implementing specific provisions of the Foreign Risk Review Modernization Act (FIRRMA). These rules: (1) create a pilot program both...more

The Foreign Investment Risk Review Modernization Act of 2018 - impact on real estate investments

Eversheds Sutherland (US) LLP on 10/16/2018

Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the president signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more

Foreign Investment and Export Control Reform Update (Part 2 of Series)

Foley Hoag LLP on 10/2/2018

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which was signed into law by President Trump on August 13, 2018 as part of the omnibus John S. McCain National Defense Authorization Act for Fiscal Year...more

Global Private Equity Newsletter - Fall 2018: Congress Enacts CFIUS Reform in Effort to Strengthen Foreign Investment Rules

Dechert LLP on 9/28/2018

President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) on August 13, 2018, which was included as part of the annual National Defense Authorization Act (NDAA). FIRRMA...more

National Defense Authorization Act › FIRRMA