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Cross-Border Transactions Foreign Investment U.S. Treasury

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

Morgan Lewis

Treasury Proposes Rule to Expand CFIUS’s Real Estate Jurisdiction

Morgan Lewis on

The US Department of the Treasury on July 8, 2024 proposed updates to the Committee on Foreign Investment in the United States’s (CFIUS’s) regulations that seek to expand the list of military installations for which proximity...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

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

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

Fenwick & West LLP on

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

Eversheds Sutherland (US) LLP

Treasury’s 2022 CFIUS Annual Report - Highlights and Observations: Greater scrutiny of national security risk in foreign...

On July 31, 2023, the US Department of the Treasury-led Committee on Foreign Investment in the United States (CFIUS or the Committee) released its annual report for calendar year 2022 (2022 Report), which provides insight...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

Hogan Lovells

美国商务部和财政部分别就拟议的对外投资审查制度发布报告

Hogan Lovells on

美国财政部和商务部近期分别发布经国会授权的报告,其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称,白宫将在较短时间内——或许就在几周内——签发一项行政命令,以建立该项新制度。拜登政府近期向国会提交的报告表明,该制度将由美国财政部实施并管理,重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而,报告并未明确该制度的确切范围和性质,包括哪些投资者及哪些外国技术领域将受到影响....more

Hogan Lovells

U.S. Commerce, Treasury Departments issue reports on pending outbound investment screening regime

Hogan Lovells on

Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, Feb. 2023

More Unidentified Flying Objects. The U.S. military shot down three unidentified flying objects over the United States and Canada over the weekend, just one week after a Chinese spy balloon traversed the country and was...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

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

Holland & Knight LLP

5 Key Takeaways from the 2022 Inaugural CFIUS Conference

Holland & Knight LLP on

The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more

StoneTurn

CFIUS: Three Trends to Know

StoneTurn on

Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more

Dorsey & Whitney LLP

U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

Dorsey & Whitney LLP on

On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more

Lowenstein Sandler LLP

CFIUS: Most Common Questions Asked And Answered

Lowenstein Sandler LLP on

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

BCLP

CFIUS Adopts Final Mandatory Declaration Rule, Refocusing on Export Control Requirements

BCLP on

On October 15, 2020, the United States Department of the Treasury will implement a final rule modifying certain provisions of the regulations of the Committee on Foreign Investment in the United States (CFIUS), implemented...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

Stinson - Corporate & Securities Law Blog

Treasury Proposes to Modify CFIUS Mandatory Declaration Requirements

Treasury has proposed rules that would modify provisions in the regulations of the Committee on Foreign Investment in the United States, or CFIUS, that implement the Foreign Investment Risk Review Modernization Act of 2018,...more

A&O Shearman

Client Alert: CFIUS Proposes Changes to Mandatory Filing Requirements

A&O Shearman on

The U.S. Treasury Department this week published draft regulations changing the requirements for mandatory CFIUS filings for transactions in which a foreign person acquires or invests in a U.S. critical technology company....more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

A&O Shearman

CFIUS Proposes Filing Fees for Transaction Reviews

A&O Shearman on

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

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