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Export Controls FIRRMA Foreign Investment

Torres Trade Law, PLLC

U.S. Issues Unprecedented Order Restricting Investment in China

Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more

Adams & Reese

International Compliance Digest – November 2024

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While the incoming administration has blanketed the news cycle with newly threatened tariffs against typical targets like China, and against neighboring allies like Canada and Mexico, the current administration has quietly...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0 Administration: Anticipated Impacts on International Trade, Sanctions and Economic Policy

Broad Tariff Increases Could Reshape Global Trade: The aggressive use of tariffs could create significant trade disruptions for businesses dependent on global supply chains, and pair novel use of authorities with existing...more

Snell & Wilmer

CFIUS & Export Controls: The Foreign Investment Regulations Putting Buyers, Sellers, and M&A Practitioners at Risk

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In recent memory, enforcement of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) regulations has been mostly limited and sporadic. But recently, the U.S. government is reviving and...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Formally Determines United Kingdom and New Zealand Will Remain Foreign Excepted States

Key Points - On February 10, 2023, CFIUS formally determined that the United Kingdom and New Zealand have established and are effectively utilizing robust processes to screen foreign investments for national security...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Morgan Lewis

Biden Issues CFIUS Executive Order: What Has Changed and What Remains the Same

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President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more

Skadden, Arps, Slate, Meagher & Flom LLP

Executive Order Reinforces CFIUS’ Broad Authority To Identify National Security Risks

On September 15, 2022, President Joe Biden issued an executive order (EO) “on ensuring robust consideration of evolving national security risks” by the Committee on Foreign Investment in the United States (CFIUS or the...more

Holland & Knight LLP

New Executive Order Creates Roadmap of Heightened CFIUS Scrutiny for Cross-Border M&A

Holland & Knight LLP on

President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...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

Wiley Rein LLP

CFIUS Finalizes Rule on “Excepted Foreign State” Definition and Announces Determinations Related to Australia, Canada, and New...

Wiley Rein LLP on

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently announced several actions pertaining to its mandate under the Foreign...more

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

Morgan Lewis on

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...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

ArentFox Schiff

US Export Controls: Business as Usual?

ArentFox Schiff on

Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States. Or for that matter, any company competing with affected...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - United States

White & Case LLP on

Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more

Wilson Sonsini Goodrich & Rosati

CFIUS After FIRRMA Implementation: A Crash Course in Assessing and Navigating Risk

On October 15, 2020, the final rule implementing the baseline requirements of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect. This final rule altered the mandatory filing rules of the...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

ArentFox Schiff on

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s...more

Cooley LLP

Alert: CFIUS Final Rule Leverages Export Control Principles to Redefine Mandatory Filing Requirements

Cooley LLP on

On September 15, 2020, the US Department of the Treasury issued a Final Rule comprising the latest regulation in an ongoing effort to reform the way the United States reviews and confronts the national security implications...more

Skadden, Arps, Slate, Meagher & Flom LLP

Treasury Department Issues Final Rule for Mandatory CFIUS Filing Requirements Based on ‘Critical Technology’

On September 15, 2020, the Treasury Department issued final regulations that define when it is mandatory to file with the Committee on Foreign Investment in the United States (CFIUS). This final rule builds on regulations...more

Morrison & Foerster LLP

New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...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

Jones Day

CFIUS To Base Mandatory Critical Technology Reviews on Export Control Criteria

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") recently issued proposed regulations that will alter and in some cases expand the scope of critical technology foreign investments subject to...more

Morgan Lewis

CFIUS Says Farewell to NAICS, Hello to Export Licensing in Mandatory Declarations

Morgan Lewis on

The Committee on Foreign Investment in the United States’ proposed changes to the mandatory declaration program would expand the potential industries affected by the mandatory declaration requirements, but also narrow the...more

Morrison & Foerster LLP

Proposed Changes To CFIUS Mandatory Filing Requirements Highlight The Critical Role Of U.S. Export Controls

When the Committee on Foreign Investment in the United States (CFIUS) introduced the critical technologies “pilot program” in 2018, many foreign investors and U.S. companies gained an appreciation for the pivotal role U.S....more

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