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Cooley LLP

The America First Investment Policy

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On February 21, 2025, the White House issued a memorandum announcing the America First Investment Policy (AFIP) and directing executive branch departments and agencies to promulgate rules and regulations to promote America’s...more

Fox Rothschild LLP

Investments in Chinese Technology Companies Limited by New US Outbound Investment Rule

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U.S. investors interested in investing in advanced Chinese technology companies may now be constrained by the U.S. Government’s first-ever outbound investment rule (Final Rule) which took effect on Jan. 2, 2025. The Final...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - JULY 12, 2024

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On June 20, the Department of Commerce’s Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority provided by June 2023’s “Protecting Americans’ Sensitive Data from...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...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

Hogan Lovells

JPM2023 Trendspotting: evaluating CFIUS risks in the biotech sector

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As the industry readies itself for the January 2023 pilgrimage to the J.P. Morgan Healthcare Conference (JPM) and Biotech Showcase in San Francisco, our market-leading life sciences and health care industry team has prepared...more

Morgan Lewis

National Security–Related Considerations When Investing in US Companies

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There are many international and Asia-based investors looking to invest in companies in the US for both strategic and commercial reasons, and in return they offer attractive sources of funding. Often, financial investments...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

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

American Conference Institute (ACI)

[Virtual Event] U.S. Export & Reexport Compliance For Canadian Operations - January 26th - 27th, 9:00 am - 5:00 pm EST

For a whole decade, ACI’s U.S. Export & Reexport Compliance for Canadian Operations conference continues to stand apart as the only practical, comprehensive event of its kind for the export compliance community in Canada. ...more

White & Case LLP

New CFIUS Critical Technology Mandatory Filing Requirements Take Effect October 15th

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On September 15, 2020, the US Treasury Department published a final rule modifying the mandatory Committee on Foreign Investment in the United States (CFIUS) filing requirements for certain foreign investments in US...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

Goodwin

U.S. Department Of The Treasury Publishes Final Rule Modifying The Mandatory CFIUS Filing Requirements For Critical Technology...

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On September 15, 2020, the U.S. Department of the Treasury issued a final rule modifying the mandatory filing requirements associated with reviews conducted by the Committee on Foreign Investment in the United States (CFIUS)...more

McCarter & English, LLP

CFIUS: Final Rule Weds Declaration Requirements For Critical Technology Transactions With Export Controls

The U.S. Department of the Treasury published a Final Rule (the Rule) on September 15, 2020, revising provisions in the regulations of the Committee on Foreign Investment in the United States (CFIUS) that implement section...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...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

Bennett Jones LLP

CFIUS' Jurisdiction to Review Foreign Investments Expands Effective February 13, 2020

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The U.S. Treasury Department, on behalf of the Committee on Foreign Investment in the United States (CFIUS) issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA),...more

Foley Hoag LLP

Cross-Border Compliance Update: January 2020

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New CFIUS Regulations Released: Final Rules Impact Foreign Investment in Technology, Infrastructure, and Data (TID) Businesses and Real Estate - On January 13, 2020, the Department of the Treasury issued final regulations...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ First Full Year Under FIRRMA

The achievement of legislative consensus in 2018 around a preferred approach to safeguarding U.S. technology and information from national security threats via foreign investment resulted in passage of the Foreign Investment...more

A&O Shearman

CFIUS Update: Regulations Require Mandatory Filings for Certain Critical Technologies; Process Of Identifying Emerging...

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When it was enacted in August 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) overhauled the US law governing CFIUS national security reviews for the first time in 11 years. Many of FIRRMA’s most...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: CFIUS and FIRRMA: What You Need to Know

In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more

Sheppard Mullin Richter & Hampton LLP

Comment Deadline Extended: Export Controls on Emerging Technologies

• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below). • You may submit comments on the criteria the U.S. government will use to determine what technologies...more

Sheppard Mullin Richter & Hampton LLP

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls...

Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more

Dechert LLP

Treasury Department Releases Interim Rules and a Pilot Program Implementing Aspects of New Foreign Investment Reviews by CFIUS

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The U.S. Department of the Treasury (“Treasury”) published two sets of interim rules on October 10, 2018, implementing certain provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). In addition to...more

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