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Cross-Border Transactions Foreign Investment Technology Sector

WilmerHale

CFIUS Under Trump 2.0: Continued Scrutiny of Cross-Border Deals

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In 2024, the Biden Administration substantially expanded executive branch power to monitor foreign investment into and out of the United States. First, the administration continued efforts to aggressively police compliance...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

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

WilmerHale

China Issues Policy to Further Boost Foreign Investment

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On Sunday August 13, 2023, the State Council released the Opinions to Further Optimize the Environment for Foreign Investment and Increase Efforts to Attract Foreign Investment (“Opinions”)....more

Venable LLP

Biden Administration Issues Long-Anticipated Executive Order Restricting U.S. Investment in Chinese Tech

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On August 9, 2023, the Biden administration issued its long-anticipated executive order (E.O.) that will prohibit, or impose notification requirements on, U.S. investment in a targeted set of advanced technology sectors in...more

Wilson Sonsini Goodrich & Rosati

Biden Unveils Executive Order: Outbound Screening Program Restricting China Investments

In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

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On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Moves To Narrowly Limit Investment in China

On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more

A&O Shearman

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

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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

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

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, June 2023

Secretary Blinken to Travel to Beijing. Secretary of State Antony Blinken is planning to travel to Beijing on June 18-19 for meetings with senior PRC officials, the first visit to China by a U.S. Secretary of State since...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

Morgan Lewis

Will Outbound Investment Review Also Cover Investment in China Through Offshore Tax-Advantaged Jurisdictions?

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A confluence of two events has the potential to curtail a type of US investment in China that may currently be flying under the radar. The first is a white paper recently released by a group of academics, which details the...more

Wilson Sonsini Goodrich & Rosati

CFIUS Guidelines: Betwixt and Between

On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued its first-ever set of “Enforcement and Penalty Guidelines.” The Guidelines introduce for CFIUS participants a new...more

PilieroMazza PLLC

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

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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

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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

Wilson Sonsini Goodrich & Rosati

A Tale of Two Filers: CFIUS Report Touts Efficiency, Also Indicates CFIUS Failed to Meet Statutory Deadlines for a Large...

This year's version of the annual Committee on Foreign Investment in the United States (CFIUS) report, released on August 2, 2022, and covering calendar year 2021, has a Dickensian quality. As usual, it's a dense work. But...more

American Conference Institute (ACI)

[Event] 8th National Conference on CFIUS - April 26th - 27th, Washington, DC

The Country's Premier Gathering of Government, Outside Counsel, Advisors, and In-House Executives - ACI’s 8th National Conference on CFIUS is back in person on April 26 – 27! Widely regarded as the premier event for the...more

Lowenstein Sandler LLP

CFIUS: Most Common Questions Asked And Answered

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We are continuing to see strong interest in basic facts about CFIUS. One reason is increased CFIUS enforcement of its authorities. Another is news coverage of Chinese investment in U.S. critical technology and companies...more

McDermott Will & Emery

[Virtual Event] Key Developments in Latin America: What Foreign Investors Need to Know - May 20th, 5:00 pm - 6:00 pm CET

Latin America’s growing investment landscape brings with it unique challenges and opportunities for foreign investors. Join us for a discussion on key developments impacting companies with investments or operations in Brazil,...more

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