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Cross-Border Transactions Foreign Investment Critical Infrastructure Sectors

Wilson Sonsini Goodrich & Rosati

The New National Security Rules for Investing U.S. Capital

A Guide to the New Diligence Questions for “Outbound” U.S. Investment - In late October 2024, the U.S. Treasury Department (Treasury) issued its final rules (the Outbound Rules) implementing President Biden’s Executive Order...more

Parker Poe Adams & Bernstein LLP

How Overseas Investors Can Navigate Broad Reach of Federal Government's CFIUS Real Estate Reviews in the Carolinas

There are more than 500 miles that separate the western, more mountainous region of North Carolina from the U.S. state’s eastern shorelines. It’s an expansive area that, depending on traffic, can take close to 9 hours to...more

Wilson Sonsini Goodrich & Rosati

An Early Holiday Wish . . . for a More Informative CFIUS Annual Report

As the air turns crisp, many of us above the equator will begin to think of the winter holidays. A subset of these people will think about holiday wish-lists. And the thoughts of nearly all of that subset, or at least the...more

Paul Hastings LLP

CFIUS 2023 Annual Report Shows Committee Continues to Evolve

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On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its annual report to Congress for calendar year 2023 (the “Annual Report”). CFIUS is an interagency body chaired...more

Cadwalader, Wickersham & Taft LLP

After Referral from CFIUS President Biden Prohibits the Purchase of Wyoming Real Estate and Cryptocurrency Facility

On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more

Dechert LLP

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

Dechert LLP on

Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

White & Case LLP

UK FDI: Strategic streamlining but sectoral spread - the UK Government confirms its plans for NSIA reform

White & Case LLP on

In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...more

Seyfarth Shaw LLP

Long-Awaited Outbound Investment Program Finally Addressed

Seyfarth Shaw LLP on

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national...more

A&O Shearman

2022 CFIUS Annual Report Announces Record Filings, More Investigations, More Mitigation, But No Fines

A&O Shearman on

Last week, the Committee on Foreign Investment in the United States (CFIUS) released its 2022 Annual Report to Congress. CFIUS reported a record 440 filings in 2022. Although this reflects only a small increase from the 436...more

Latham & Watkins LLP

8 Key Takeaways From the CFIUS 2022 Annual Report

Latham & Watkins LLP on

The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance. On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more

Torres Trade Law, PLLC

Trade Alert: Treasury Releases CFIUS 2022 Annual Report

On July 31, 2023, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress of the Committee’s national security reviews and investigations of certain foreign...more

Wilson Sonsini Goodrich & Rosati

"I See Dead Companies": CFIUS Aims an FAQ at the Venture Capital Model

One of the bigger surprises in the history of the Committee on Foreign Investment in the United States (CFIUS) began to unfold in May 2023, when CFIUS posted a new Q&A on the FAQ section of the CFIUS website. The FAQ...more

Torres Trade Law, PLLC

CFIUS Updates: New FAQs Clarify Positions; Possible Expansion of Scope of Real Estate Review

Torres Trade Law, PLLC on

In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more

Wilson Sonsini Goodrich & Rosati

Strings Attached: New Proposed Rules Outline National Security Guardrails for CHIPS Act Funding Recipients

On March 23, 2023, the National Institute of Standards and Technology (NIST) released a Notice of Proposed Rulemaking (proposed rule) that sets forth the national security guardrails for funding under the CHIPS and Science...more

BCLP

FDI Regulation in the US, UK, France & Germany

BCLP on

The regulation of foreign direct investment (“FDI”) has become an increasingly important feature of the regulatory landscape for investors. Globally, there is a trend towards greater FDI restrictions although the degree and...more

Holland & Knight LLP

CFIUS Recognizes United Kingdom, New Zealand as Excepted Foreign States

Holland & Knight LLP on

Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...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

PilieroMazza PLLC

U.S. Treasury Issues Guidance on CFIUS Enforcement and Penalties

PilieroMazza PLLC on

On October 20, 2022, the U.S. Department of the Treasury (Treasury) released the Committee on Foreign Investment in the United States (CFIUS or the Committee) Enforcement and Penalty Guidelines (the Guidelines). The...more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

Latham & Watkins LLP on

President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

Fenwick & West LLP

Biden Administration Releases Unprecedented CFIUS Executive Order and Expected to Impose Export Controls Around Semiconductors:...

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CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments - On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more

Venable LLP

New Executive Order Directs Consideration of National Security Risks in CFIUS Reviews

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​​​​​​​On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more

White & Case LLP

Biden Issues First-Ever Presidential Directive Defining National Security Factors for CFIUS to Consider in Evaluating Transactions

White & Case LLP on

On September 15, President Biden signed an Executive Order (the "EO") identifying national security risks that the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") must consider when reviewing...more

McDermott Will & Emery

President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

McDermott Will & Emery on

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For...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

Akin Gump Strauss Hauer & Feld LLP

CFIUS Reports Significant Uptick in Filings and Non-Notified Inquiries

Key Points - According to CFIUS’s recently-released Annual Report for 2021, the total number of CFIUS filings increased significantly year-on-year, with transactions involving Chinese investors more than doubling compared...more

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