News & Analysis as of

Committee on Foreign Investment in the United States

Morgan Lewis

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

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With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - September 19, 2024

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The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more

Orrick, Herrington & Sutcliffe LLP

U.S. Joins Allies to Impose Export Controls on Quantum Computing and Other Emerging Technologies

On September 6, 2024, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department issued an interim final rule expanding export controls on certain emerging technologies: Quantum Computing: Quantum computers,...more

Levenfeld Pearlstein, LLC

CFIUS Is Not a Flu Strain: When Commercial Real Estate Transactions May Require Additional Regulatory Review

The Committee on Foreign Investment in the US (CFIUS) is an interagency organization that identifies commercial transactions that raise US national security considerations when there is significant foreign ownership of US...more

Morrison & Foerster LLP

OFAC Extends Recordkeeping Requirements from Five to 10 Years; Issues Paperwork Reduction Act Request for Comments

On September 11, 2024, OFAC announced its Interim Final Rule to Extend Recordkeeping Requirements from Five to 10 Years. The Interim Final Rule (IFR) was published in the Federal Register on September 13, 2024. Public...more

Kennedys

Treasury “significantly expands” CFIUS jurisdiction over covered real estate transactions

Kennedys on

On July 8, 2024, the United States Department of the Treasury’s Office of Investment Security issued a Notice of Proposed Rulemaking (“NPRM”) that proposed to expand the geographic reach in which the Committee on Foreign...more

Wiley Rein LLP

FCC Announces Effective Date of New Filing Requirements for Domestic Section 214 Transfer of Control Applications

Wiley Rein LLP on

Wednesday, the Federal Communications Commission (FCC or Commission) announced September 11, 2024 as the effective date of two rules initially adopted in the agency’s Team Telecom Process Reform Report and Order....more

Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

White & Case LLP

CFIUS Announces Enforcement Updates, Including Details on Large Penalty Assessments

White & Case LLP on

The Committee on Foreign Investment in the United States (CFIUS or the Committee) has launched a new CFIUS Enforcement webpage, highlighting the Committee's heightened focus on "increasingly exercising its enforcement...more

HaystackID

Biden Poised to Block Nippon Steel’s Acquisition of U.S. Steel, Citing National Security Concerns

HaystackID on

President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more

Skadden, Arps, Slate, Meagher & Flom LLP

Are Fintechs Prepared for More Regulatory Scrutiny? Questions Fintech Boards Will Want To Ask

The 2024 elections may usher in laws and regulations that impact fintechs, making it important for management to identify the areas that present the greatest challenges and opportunities....more

Dechert LLP

Read All About It: CFIUS Publishes Enforcement Information

Dechert LLP on

After over a year of preview, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has finally published information on its most recent enforcement actions. The actions were announced on...more

Hogan Lovells

Fewer filings and greater attention to enforcement mark the CFIUS CY2023 report to Congress

Hogan Lovells on

The Committee on Foreign Investment in the United States has released its Annual Report to Congress, noting a marked reduction in filings in 2023 but also growing and refined mitigation measures and increased attention to...more

Holland & Knight LLP

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

Holland & Knight LLP on

The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more

Arnall Golden Gregory LLP

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury...more

Hogan Lovells

Remaining Team Telecom rules—including standard questions—now in effect at the FCC

Hogan Lovells on

At long last, on August 23, 2024, the FCC’s Office of International Affairs announced that major elements of its 2020-2021 changes to the Team Telecom review process for applications involving foreign ownership have gone into...more

Foley Hoag LLP

Highlights from CFIUS’ 2023 Annual Report to Congress

Foley Hoag LLP on

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS) published its Annual Report to Congress for the Calendar Year 2023. The report provides key statistics on the CFIUS process and the...more

Jones Day

CFIUS Annual Report Touts an Increase in Penalties and Efficiency in Transaction Reviews

Jones Day on

While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more

Mayer Brown

CFIUS Announces $60 Million Penalty and Debuts New Enforcement Website

Mayer Brown on

On August 14, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) announced a $60 million penalty, “the largest penalty CFIUS has ever issued,” following its finding of material violations...more

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

Mintz on

The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Paul Hastings LLP

Daily Financial Regulation Update -- Friday August 16

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August 15, 2024- The U.S. Department of the Treasury updated the CFIUS website to share more details and guidance with the public and the investing community about how CFIUS approaches compliance and enforcement, as well...more

Hogan Lovells

Proposed changes to real estate regulations would expand geographic reach of CFIUS jurisdiction

Hogan Lovells on

On July 8, 2024, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States, announced a notice of proposed rulemaking addressing amendments to CFIUS’s...more

Torres Trade Law, PLLC

Treasury Announces CFIUS Enforcement Blitz

Torres Trade Law, PLLC on

On August 14, 2024, the Department of the Treasury (“Treasury”) announced in a press release a revamped Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) enforcement webpage. Among other...more

ArentFox Schiff

As the (Customs and Trade) World Turns: August 2024

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Welcome to the August 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Manatt, Phelps & Phillips, LLP

Proposed Expansion of CFIUS Poses Increased Risks to U.S. Real Estate Investors and Operators

On July 19, 2024, the U.S. Department of the Treasury published a Proposed Rule after first issuing a Notice of Proposed Rulemaking on July 8. The rule seeks to expand the jurisdiction that the Committee on Foreign Investment...more

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