News & Analysis as of

Covered Transactions Committee on Foreign Investment in the United States

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

Fenwick & West LLP

U.S. Foreign Investment Review - Continued Focus on Emerging Technologies, China Risk, and Enforcement

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The U.S. Department of the Treasury recently released its Committee on Foreign Investment in the United States (CFIUS) 2023 Annual Report to Congress....more

Wiley Rein LLP

CFIUS Annual Report For 2023 Highlights Increasing Focus on Compliance and Enforcement Despite Reduction in Cases

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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 the calendar year 2023. The report shows an increasing emphasis on...more

Morrison & Foerster LLP

Key Points from the 2023 CFIUS Annual Report

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2023. In a year that featured lower deal volume, CFIUS...more

Morrison & Foerster LLP

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

Morrison & Foerster LLP

New Sheriff in Town: Treasury Proposes Unprecedented Outbound Investment Screening Regulations

On June 21, 2024, the Biden administration rolled out its outbound investment screening regulations. Last year, the Biden administration published an advanced notice of proposed rulemaking (ANPRM) that outlined the broad...more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Holland & Knight LLP

Treasury Department Issues Proposed Rule to Enhance CFIUS Procedures, Enforcement Authorities

Holland & Knight LLP on

Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more

Wilson Sonsini Goodrich & Rosati

2023 National Security Regulations Year in Review (Taylor’s Version)

Wilson Sonsini is pleased to present the National Security Regulations 2023 Year in Review, that we’ve dubbed as “Taylor’s Version.” We hope you enjoy the references to songs by American singersongwriter Taylor Swift that are...more

Oberheiden P.C.

CFIUS Compliance Tips for 2024

Oberheiden P.C. on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews foreign investments in U.S. businesses and real estate assets. The primary purpose of a CFIUS review is to examine any...more

Goodwin

US Government Moves to Regulate Cross-Border Transactions Involving Sensitive Data

Goodwin on

In a sweeping, coordinated effort across federal agencies, the US government has taken a giant leap forward to prevent access to data that could be exploited to the detriment of national security. On February 28, 2024,...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

HaystackID on

Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Akin Gump Strauss Hauer & Feld LLP

President Biden Signs Executive Order on Outbound Investment

Key Points - On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

King & Spalding on

Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

Dechert LLP

The United States Establishes the Foundation for a New Outbound Investment Regime

Dechert LLP on

In brief. On August 9, 2023, President Biden signed a highly anticipated Executive Order (the “Outbound E.O.”) to establish a U.S. outbound investment regime. The U.S. Department of Treasury (“Treasury”) concurrently...more

Blank Rome LLP

6 Key Takeaways from the CFIUS 2022 Annual Report

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The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) recently released the unclassified version of its statutorily mandated annual report to Congress, covering calendar year 2022. Viewed in...more

Morgan Lewis

National Security and Real Estate: Mind the Gap Between Federal and State Jurisdiction

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Jurisdictional limits on the Committee on Foreign Investment in the United States (CFIUS) regarding the review of certain real estate transactions have led Congress to introduce proposals expanding its jurisdiction and...more

Latham & Watkins LLP

New CFIUS Developments Signal Heightened Attention on Enforcement: 4 Areas to Watch

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The recent developments signal a renewed vigor to protect US national security. This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

Holland & Knight LLP on

The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more

WilmerHale

Parameters of New US Outbound Investment Regime Begin to Emerge

WilmerHale on

Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more

White & Case LLP

CFIUS: The FDI watchdog bares its teeth

White & Case LLP on

EO 14083 clearly articulates national security risks that the Committee must consider when reviewing covered transactions. The five areas of focus are: supply chain resilience; impact on US technological leadership;...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

Latham & Watkins LLP on

The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

Holland & Knight LLP on

Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

McCarter & English, LLP

CFIUS Issues Enforcement and Penalty Guidelines: A Contextual View

Although announced two years earlier, Enforcement and Penalty Guidelines (the Guidelines) were finally released by the US Department of the Treasury (Treasury) as Chair of the Committee on Foreign Investment in the United...more

A&O Shearman

U.S. bolsters national security reviews of in-bound foreign investment

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President Biden recently issued “formal Presidential direction” on the risks that the United States will consider when evaluating in-bound foreign investment....more

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