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Cross-Border Transactions National Security

Baker Donelson

DOJ Final Rule Targets Cross-Border Data Transfers: Key Implications for U.S. and Foreign-Owned Companies Operating in the U.S.

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In the final days of the Biden administration the U.S. Department of Justice (DOJ) issued a sweeping set of regulations which are in effect as of yesterday, April 8, 2025. The regulations focus on cross-border data transfers...more

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

Wiley Rein LLP

New DOJ Restrictions on Cross-Border Data Transactions Take Effect April 8: Ten Questions as Your Business Prepares to Comply

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The U.S. Department of Justice’s (DOJ) sweeping new rule on cross-border data transactions is set to take effect in substantial part next month, with broad implications for companies that transfer U.S. personal data or...more

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

Hogan Lovells

New DOJ rule limits cross-border data transfers to protect national security

Hogan Lovells on

The Department of Justice (DOJ) has issued a final rule limiting data transfers to China, Russia, and other designated “countries of concern.” The rule establishes a new national security program that bans specific types of...more

Perkins Coie

Department of Commerce Adopts Final Rule Restricting Tech and Telecom Supply Chain Transactions With Foreign Adversaries

Perkins Coie on

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS), issued its much anticipated Final Rule under Executive Order 13873, Securing the Information and Communications Technology and Services Supply Chain (EO...more

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

WilmerHale

DOJ Issues NPRM Regarding Sensitive Data Transfers

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With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....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

WilmerHale

China Amends Its Anti-Money Laundering Law

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China’s draft Amended Anti-Money Laundering (AML) Law1 (AML Law) was submitted to the Standing Committee of the National People's Congress (NPC) on September 10 for the second of what are generally three readings....more

Foodman CPAs & Advisors

FinCEN Final New Rules Close Loopholes in U.S. Financial System

On August 28, 2024, FinCEN Final New Rules were published that address vulnerabilities in the U.S. financial system and are part of an on going effort to combat illicit finance and protect U.S. national security, as well as...more

WilmerHale

Leaders in Law: The State of International Trade with Neena Shenai

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As governments globally resort to more muscular uses of economic tools, such as sanctions and export controls for national security and foreign policy purposes, international trade has become increasingly complex. In this...more

Paul Hastings LLP

CFIUS 2023 Annual Report Shows Committee Continues to Evolve

Paul Hastings LLP on

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

Latham & Watkins LLP

5 Key Takeaways From the CFIUS 2023 Annual Report

Latham & Watkins LLP on

The report shows a decline in filings, new mitigation measures and conditions, and continued emphasis on monitoring and enforcement. On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS)...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

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

Sheppard Mullin Richter & Hampton LLP

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...more

StoneTurn

The Importance of Having a National Security Strategy

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The United States and an increasing number of other countries are evaluating the impact of foreign investment on their countries’ national security posture. Generally, foreign investment regulatory regimes allow regulators to...more

Cadwalader, Wickersham & Taft LLP

Treasury Proposes Enhancing CFIUS Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury announced a notice of proposed rulemaking that would expand the enforcement authority of the Committee on Foreign Investment in the United States (“CFIUS” or the...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

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

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Inbound & Outbound Investment Regulatory Risks: CFIUS & FDI

The U.S. government has been increasing its scrutiny of inbound foreign investment for national security risks and concurrently is establishing a new program that would prohibit certain outbound investments. Both developments...more

K2 Integrity

[Webinar] Clashes Across Continents - How does the US-China rivalry affect key regions of the world? - May 7th, 7:00 am PT

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In the United States, TikTok is facing a potential ban while prestigious firms such as BlackRock, Goldman Sachs, and McKinsey are being aggressively questioned in Congress about their China policies and partnerships with the...more

American Conference Institute (ACI)

[Event] 5th Annual European Forum on Global FDI Reviews - June 11th - 12th, Ixelles, Belgium

Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more

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