News & Analysis as of

Final Rules Committee on Foreign Investment in the United States U.S. Treasury

Foley Hoag LLP

Understanding the U.S.’s New Outbound Investment Rules - January 2025

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Effective in January 2025, the U.S. Department of the Treasury issued a final rule (colloquially known as “Reverse CFIUS”) implementing the Outbound Investment Program, which prohibits U.S. persons from making certain...more

Seward & Kissel LLP

New Restrictions on Investments into Chinese Entities: Considerations for Advisers, Private Funds, and Investors

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U.S. law has long subjected foreign investments into the U.S. to review and restriction by the Committee on Foreign Investment in the United States (“CFIUS”), but outside of economic sanctions programs, has typically not...more

Perkins Coie

Treasury’s Final Rule on Outbound Investments Takes Effect January 2

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On January 2, 2025, the U.S. Department of the Treasury’s (Treasury) regulation restricting U.S. outbound investments in certain advanced technology sectors in China (the Final Rule) takes effect. Thereafter, investments by...more

Torres Trade Law, PLLC

CFIUS Review of Real Estate Transactions: A Primer and Overview of Recent Updates

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On November 1, 2024, the U.S. Department of Treasury (“the Treasury”), as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published a Final Rule expanding its authority to review certain...more

White & Case LLP

CFIUS Regulatory Expansion: Five Things You Need to Know

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The U.S. Department of the Treasury ("Treasury") has engaged in a flurry of rulemaking over the last year, most recently issuing a final rule to sharpen and enhance the Committee on Foreign Investment in the United States...more

Torres Trade Law, PLLC

Treasury Finalizes Rule Increasing CFIUS Penalties and Expanding Enforcement Powers

Torres Trade Law, PLLC on

On November 17, 2024, the Department of the Treasury (“Treasury”), in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”), published a final rule (“Final Rule”)...more

Venable LLP

A Stronger CFIUS: Final Rules Issued Expanding Mitigation and Enforcement Powers

Venable LLP on

On November 18, 2024, the U.S. Department of the Treasury issued a final rule enhancing the mitigation monitoring and enforcement tools of the Committee on Foreign Investment in the United States (CFIUS or the "Committee")....more

Morgan Lewis

US Treasury Issues Final Rule Expanding CFIUS’s Real Estate Jurisdiction

Morgan Lewis on

The Committee on Foreign Investment in the United States (CFIUS) finalized a previously proposed rule expanding both the types of military installations covered by its regulations governing reviews of real estate transactions...more

Proskauer - Regulatory & Compliance

U.S. Department of the Treasury issues final regulations implementing Executive Order 14105 Targeting Tech Investment in China

On October 28, 2024, the U.S. Department of the Treasury (Treasury) issued final regulations (“Final Rule”) implementing Executive Order 14105, which addresses investments by U.S. persons in certain identified technologies in...more

Mayer Brown

CFIUS Issues Final Rule Expanding the Scope of Its Real Estate Transaction Purview

Mayer Brown on

On November 1, 2024, the US Department of the Treasury, in its capacity as chair of the Committee on Foreign Investment in the United States (CFIUS), issued a final rule (“Final Rule”) expanding the list of military and...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Treasury Creates the ‘Reverse CFIUS’ Program, a (Limited) Great Wall on Outbound Investment

The Department of the Treasury (Treasury) has released a final rule imposing restrictions on U.S. outbound investment in Chinese companies active in developing certain national security technologies (Final Outbound Rule)....more

Sheppard Mullin Richter & Hampton LLP

At Long Last, Final Rule for Outbound Investment Regulations Published

On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations. The rule arrives a little over a year after Executive Order 14105,...more

HaystackID

CFIUS Compliance: Your Organization’s Growth and Investment Strategy May Be a Matter of National Security

HaystackID on

On Thanksgiving of 2014, I received an urgent call asking me to be in London in 24 hours. My assignment was to run the advanced forensics recovery team serving several foreign offices of Sony Pictures in the wake of a...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

HaystackID on

Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

Kelley Drye & Warren LLP

How New CFIUS Rules on Critical Technology Affect CFIUS Filing Strategy

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The Department of Treasury’s office that administers reviews of foreign investments in U.S. companies is changing how it identifies critical technology businesses and related technologies that require mandatory review during...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

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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

BCLP

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

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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

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...

Goodwin on

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

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

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

Pillsbury - Global Trade & Sanctions Law

CFIUS Issues Final Rule Basing Mandatory Declaration Requirement on U.S. Export Control Criteria

On September 15, 2020, the U.S. Department of Treasury published a final rule that removes the mandatory declaration requirement for filings to the Committee on Foreign Investment in the United States (CFIUS) based on North...more

Latham & Watkins LLP

How Final CFIUS Regulations Will Impact Technology Companies and Investors

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The Final Rules clarify requirements for foreign investments, including those transactions subject to CFIUS review and filing. On February 13, 2020, two Final Rules published by the US Treasury Department implementing...more

Seyfarth Shaw LLP

Final CFIUS Regulations Became Effective in February 2020

Seyfarth Shaw LLP on

February 13, 2020 was the effective date (the “Effective Date”) for final regulations issued by the U.S. Department of the Treasury (“Treasury”) on behalf of the Committee on Foreign Investment in the United States (“CFIUS”)....more

Moore & Van Allen PLLC

New Treasury Department Regulations Expand CFIUS Authority

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The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting...more

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