Podcast: CFIUS: Recent Regulatory Developments
The Committee on Foreign Investment in the United States (CFIUS) published two final rules on January 17, 2019, to implement the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018. The first...more
The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more
On January 13, 2020, the U.S. Department of the Treasury (“Treasury”) published two final rules (“Final Rules,” found here and here) that implement most of the remaining provisions of the Foreign Investment Risk Review...more
The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...more
The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in...more
The Situation: The U.S. Department of the Treasury ("Treasury") proposed regulations that expand the jurisdiction of the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") to review foreign...more
CFIUS has offered a one-month comment period for proposed rulemaking to implement provisions of CFIUS legislation passed in August 2018. More than a year ago, in August 2018, US President Donald Trump signed the Foreign...more
On September 17, 2019, the Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States (CFIUS or Committee), issued two sets of proposed regulations seeking to further implement the...more
The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review...more
The national security implications of corporate deals involving foreign investors continues to be a headline-grabbing topic, now more than ever as the United States engages in heated trade negotiations with China amidst...more
U.S. technology companies raising funds from foreign investors should carefully consider whether the proposed financing transaction can be structured to avoid falling within the purview of the Committee on Foreign Investment...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
Unbeknownst to many, a wrench has been thrown into the funding plans of many U.S. startups and other growing U.S. companies by virtue of President Trump’s enactment of the Foreign Investment Risk Review Modernization Act of...more
Investing in the life sciences industry without an understanding of the key regulatory factors that could determine a product's success or failure could cost you millions of dollars. ...more
In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more
• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more
Pilot Program Mandatory Filing Requirement – Private Investment Fund Considerations - The potential for national security review of foreign investment in the U.S. has been around for 30 years since the 1988 enactment of...more
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) became law on August 13, 2018. Under FIRRMA, the Committee of Foreign Investment in the United States (CFIUS) is authorized to conduct pilot programs. On...more
On October 10, 2018, the U.S. Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued two interim rules to implement certain provisions of the...more
As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more
The Situation: On October 10, 2018, the U.S. Department of the Treasury ("Treasury") published an interim rule establishing a pilot program for the Committee on Foreign Investment in the United States ("CFIUS") that mandates...more
Program requires parties to submit to CFIUS notice of certain foreign investments in US businesses involved in specified critical technologies at least 45 days prior to closing. Key Points: ..The US Treasury Department...more
Earlier than expected, the Committee on Foreign Investment in the United States (CFIUS) has announced new interim rules—effective November 10, 2018, pursuant to the recently enacted Foreign Investment Risk Reduction...more
• On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is...more
CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more