Podcast: CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations
Podcast: CFIUS: Recent Regulatory Developments
JONES DAY TALKS®: Proposed Regs Implement FIRRMA, Expand CFIUS’s Jurisdiction Over Foreign Investments
As geopolitical tensions rise and the post-Cold War global order continues to fray, national security has experienced a renewed policymaking focus. The most prominent areas in this regard have been critical technology...more
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
The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more
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
On December 7, 2023, U.S. Secretary of the Treasury Janet L. Yellen and Mexico’s Secretary of Finance and Public Credit Rogelio Ramírez de la O signed a Memorandum of Intent (MOI) to establish a bilateral working group to...more
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
Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments - Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...more
With significant press coverage, Florida Gov. Ron DeSantis recently announced that the state would limit the ability of certain non-U.S. persons, businesses, and governments from acquiring agricultural land in Florida....more
President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more
Last month, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report to Congress covering 2021. The key takeaway is that CFIUS is more active than ever, subjecting a record number of...more
The event featured speakers from across the US Government who provided insights on CFIUS authorities, priorities, processes and recommended best practices. US Government officials also emphasized the United States’ commitment...more
The Committee on Foreign Investment in the United States (CFIUS) serves as a review committee for certain inbound Foreign Direct Investment (FDI) transactions, to determine if such transactions pose a risk to national...more
Both Congress and the executive branch have been considering the notion of a new regulatory regime to limit certain types of US outbound investment in other countries. While such a regime would certainly constitute a sea...more
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
Takeaways - Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments. Many jurisdictions now require filings for investments in the...more
For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more
The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more
Expanded jurisdiction, mandatory filings and a substantially increased pursuit of non-notified transactions have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS), which is led by the...more
On behalf of the Committee on Foreign Investment in the United States (CFIUS), the US Department of the Treasury published a proposed rule on November 15, 2021, relating to excepted foreign state (EFS) and excepted real...more
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
Foreign direct investment (FDI) reviews have become an increasingly critical issue in cross-border M&A transactions. Although many countries continue to encourage inbound investment, Taiwanese businesses and investors should...more
One of the biggest M&A developments over recent years has been a significant enhancing of foreign direct investment (FDI) and national security protections by G-8 members and others....more
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
Amid concerns about predatory acquisitions of weakened companies and strategic assets during the COVID-19 crisis, more and more countries are restricting foreign direct investment (FDI) in their domestic companies, especially...more
To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more