News & Analysis as of

Committee on Foreign Investment in the United States

Trade & Manufacturing - January 2018

by King & Spalding on

January 2018 CFIUS Legislative Update - The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee authorized to review transactions that could result in control of a U.S. business by a...more

Chinese Investments and the Committee on Foreign Investment in the United States

by Jones Day on

The Situation: Transactions involving Chinese investors continue to receive increased scrutiny by CFIUS. The Result: Chinese investments in the United States can face an uphill battle at CFIUS....more

Seeking foreign investors for your tech startup? Congress says, “not so fast.”

The U.S. Congress is currently considering legislation that would tap the brakes on foreign direct investment in the United States, particularly on investments in sensitive industries like artificial intelligence, robotics,...more

In-fo’ a CFIUS Review: The Expanding Power of CFIUS through Data Security Scrutiny

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

January 2018 CFIUS Legislative Update

by King & Spalding on

The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee authorized to review transactions that could result in control of a U.S. business by a foreign person, is the primary tool available...more

CFIUS Reform: Legislation Proposed to Strengthen National Security Reviews

by BakerHostetler on

A little-known but powerful U.S. government committee is gaining the attention of Congress. In November 2017, members of the U.S. House and Senate introduced companion legislation that would update the national security...more

CFIUS's Failure to Approve Chinese Investment in Money Transfer Services Company Indicates Higher Hurdles for Chinese Investment...

by Bryan Cave on

On January 2, 2018, MoneyGram International Inc. and Ant Financial Services Group announced that they had terminated their Amended Merger Agreement after they were unable to obtain approval of the transaction from the...more

CFIUS’s Concerns With Chinese Investments and Acquisitions in the U.S.

by Garvey Schubert Barer on

On January 2, 2018, the Committee on Foreign Investment in the United States (CFIUS) rejected Ant Financial’s plan to acquire U.S. money transfer company MoneyGram International over national security concerns. According to...more

CFIUS in 2017: A Momentous Year

It has been at least a decade since the Committee on Foreign Investment in the United States (CFIUS) was the subject of as much focus, change, and consequence as it was in 2017. Please see full Newsletter below for more...more

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

by Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

M&A Watch: Ant Financial and MoneyGram Terminate Merger Agreement Due to CFIUS Concerns

by Shearman & Sterling LLP on

MoneyGram International Inc. and Ant Financial Services Group recently announced the termination of their agreement providing for the acquisition of Texas-based money transfer company MoneyGram by China-based Ant Financial...more

CFIUS Reconstructed: The Foreign Investment Risk Review Modernization Act of 2017

by Latham & Watkins LLP on

The proposed Foreign Investment Risk Review Modernization Act would bring substantial changes to CFIUS review. Key Points: ..FIRRMA could speed review of certain transactions. ..It would provide for increased...more

CFIUS at a Crossroads: Congress Considers Significant CFIUS Reform on Heels of CFIUS Annual Report and Blocked Chinese...

by Dechert LLP on

After a summer of discussion surrounding the U.S. government’s ability to control Chinese investment in U.S. companies, members of the House and Senate have introduced new legislation that seeks to improve the government’s...more

The Future of CFIUS: Perhaps Not So Happy a New Year

‘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

The Waiting Game: When, Why, and How to File with CFIUS in a New Era of Investment Scrutiny

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

CFIUS for Europe? New Screening of Foreign Direct Investments in Europe

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

Sweeping Implications for CFIUS Reform: Bipartisan FIRRMA Legislation Gains Traction

by Baker Donelson on

As President Trump met with Chinese President Xi Jinping on November 9 at the Great Hall of the People in Beijing, he surprised many by giving China "great credit" for "taking advantage of" the United States on key...more

Congress Proposes Increased Scrutiny on Foreign Investments in the U.S.

by Kelley Drye & Warren LLP on

A bipartisan group of co-sponsors in both the House and the Senate recently introduced the Foreign Investment Risk Review Modernization Act (“FIRRMA”). These substantively identical bills demonstrate that Congress is now...more

The U.S. Congress intends to make a comprehensive revision of the foreign investment review

by Morrison & Foerster LLP on

On November 8, bipartisan lawmakers in both houses of the United States and the United Democrats proposed a new act aiming to make major revisions to the current review of the laws applicable to the U.S. Foreign Investment...more

German Public M&A Q1 – Q3 2017: Overview and current issues

by White & Case LLP on

German Takeovers in the headlines of the press - So far this year, three takeover bids have made headlines in the German financial press. After major struggles between the executive board, supervisory board and...more

National security reviews 2017: A global perspective — United States

by White & Case LLP on

Deals are generally approved, but reviews are often taking longer and transactions are being scrutinized rigorously - The Committee on Foreign Investment in the United States (CFIUS), which is led by the US Department of...more

Proposed Legislation Would Expand CFIUS Jurisdiction Over Foreign Investment

by Reed Smith on

Recently introduced, bipartisan legislation to reform the process and jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) promises the most meaningful change to CFIUS in over a decade. The...more

The Rise of Western Protectionism Is Set to Impact Global M&A

by Proskauer Rose LLP on

This year has seen a surge in western protectionist sentiment as a number of countries have sought to introduce legislation to tighten their laws on foreign investment and public interest issues. In Europe, the European...more

Current Trends and Proposed Legislation Pose Enhanced CFIUS Risks and Timing Considerations for Foreign Investment Transactions in...

by McDermott Will & Emery on

Legislation has now been introduced in the US Congress that would significantly expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to a broader scope of transactions and, for some...more

Three Key Aspects of the Proposed Reform to the CFIUS Process

On November 8, 2017, members of the U.S. House and Senate introduced companion legislation that would update the Committee on Foreign Investment in the U.S. (“CFIUS”) and the national security review process. The bill,...more

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