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Cross-Border Transactions Filing Requirements

American Conference Institute (ACI)

[Event] 11th National Conference on CFIUS - April 24th - 25th, Washington, DC

Determine how the new administration will affect CFIUS practitioners and how the committee will continue its enforcement practices at ACI’s 11th National Conference on CFIUS. ​Don’t miss your best opportunity to hear how your...more

Wilson Sonsini Goodrich & Rosati

New Proposed CFIUS Rules Confirm a More Prosecutorial Regime, But to What End?

New rules proposed by the Committee on Foreign Investment in the United States (CFIUS), released on April 11, 2024, can be understood in two ways: the practical effects and signaling effects....more

Sheppard Mullin Richter & Hampton LLP

China Issues Regulations on Facilitating and Regulating Cross-Border Data Flow

On March 22, 2024, nearly six months after the release of the “draft Provisions on Regulating and Promoting Cross-border Data Transfer” (the “Draft Rules”), the Cybersecurity Administration of China (the “CAC”) formally...more

Wiley Rein LLP

Wiley's 10 Key Trade Developments: Outbound Investments and CFIUS Review

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Outbound foreign investments by U.S.-based companies in sensitive technologies may impact foreign companies from operating in the U.S. or doing business with U.S. companies. Mandatory filing requirements and high-profile...more

Benesch

Update to Customs Test Program for Low-Value Imports

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New changes went into effect today for a testing program for low-value imports which have gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (“CBP”) published these changes...more

Davies Ward Phillips & Vineberg LLP

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: •...more

Latham & Watkins LLP

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

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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

White & Case LLP

CFIUS continues its watchful eye on foreign investment

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In its Annual Report to Congress for calendar year 2021, CFIUS reported a nearly 40 percent increase in overall CFIUS filings in 2021 from 2020. Notwithstanding this substantial increase in volume, the metrics indicate that...more

Holland & Knight LLP

CFIUS 2021 Annual Report: Considerations for Businesses

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The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more

Orrick, Herrington & Sutcliffe LLP

CFIUS and Encryption Software – Resolving Whether a CFIUS Filing Is Mandatory

Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more

White & Case LLP

CFIUS set to continue careful scrutiny under Biden Administration

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President Joe Biden's approach to the national security risks posed by foreign-backed M&A may differ in style from his predecessor, but not in substance - Under the Biden administration, the Committee on Foreign Investment...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States - Key Questions Answered On CFIUS

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What is CFIUS? CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal interagency group with authority to review foreign investments in US businesses and certain real estate...more

Akin Gump Strauss Hauer & Feld LLP

Compliance Reminder: BE-180 Survey of Cross-Border Financial Services Transactions

U.S. persons who provided or received any financial services, such as investment advisory services, fund management or brokerage services, to or from non-U.S. persons during 2019 (“Reporters”) must file a Form BE-180 report...more

Cozen O'Connor

CFIUS Finalizes New Mandatory Filing Rule for Critical Technologies

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On September 15, 2020, the U.S. Department of the Treasury published a final rule, effective October 15, 2020, that alters and expands the scope of foreign investments involving critical technologies that are subject to...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Mandatory Filings for Certain "Critical Technology" Transactions – New Export Controls Test

As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more

Goodwin

U.S. Department of The Treasury Proposes Rule to Modify Mandatory CFIUS Filing Requirements for Critical Technology Companies

Goodwin on

On May 20, 2020, the U.S. Department of the Treasury issued a proposed rule modifying the mandatory filing requirements associated with certain foreign investments in U.S. businesses that deal with “critical technologies.”...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Allen Matkins

New Filing Fees in Connection with CFIUS Review of Foreign Participation in U.S. Real Estate Transactions

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Real estate transactions subject to Committee on Foreign Investment in the United States (CFIUS) review, including those involving foreign participation through investment, acquisition, or management of U.S. real property or...more

Hogan Lovells

Vietnam merger clearances as new filing regime comes into force

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One week before the new decree for implementing the 2018 Law on Competition comes into force on 15 May 2020, the Vietnam Ministry of Industry and Trade (MOIT) announced merger clearance decisions for two offshore...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposes Filing Fees

To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more

Foley Hoag LLP

BE-10 Benchmark Survey of U.S. Direct Investment Abroad – Filing Requirement

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The U.S. Bureau of Economic Analysis (BEA) has announced it is once again time for the BEA’s BE-10 Benchmark Survey of U.S. Direct Investment Abroad. The BEA is an agency of the United States Department of Commerce and...more

A&O Shearman

CFIUS Proposes Filing Fees for Transaction Reviews

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The U.S. Department of the Treasury late yesterday released a draft set of regulations that would establish, for the first time, filing fees for most transactions submitted to the Committee on Foreign Investment in the United...more

Jackson Walker

New Rules Expand CFIUS Jurisdiction Over Foreign Investment in U.S. Businesses and Real Estate

Jackson Walker on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews mergers, acquisitions, and takeovers by foreign persons of U.S. companies and assets that have the potential to pose...more

Dechert LLP

Reminder: Certain U.S. Reporting and Compliance Obligations for Investment Advisers and Private Funds - February 2020

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The U.S. federal securities laws, the Commodity Exchange Act and regulations thereunder, and certain other applicable federal laws, rules and regulations, as well as rules of U.S. self-regulatory organizations (such as the...more

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

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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

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