News & Analysis as of

Foreign Acquisitions Covered Transactions

Latham & Watkins LLP

New CFIUS Developments Signal Heightened Attention on Enforcement: 4 Areas to Watch

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The recent developments signal a renewed vigor to protect US national security. This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

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The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

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The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Holland & Knight LLP

CFIUS 2021 Annual Report: Considerations for Businesses

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The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States - Key Questions Answered On CFIUS

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What is CFIUS? CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal interagency group with authority to review foreign investments in US businesses and certain real estate...more

Dechert LLP

CFIUS Finalizes Changes to Mandatory Declaration Regulations

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President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018. FIRRMA made several substantial changes to the CFIUS process and expanded the scope of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Issues Interim Rules on Certain Foreign Investments in Response to COVID-19

On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers...more

White & Case LLP

Poland to tightly regulate major acquisitions by non-EEA entities (Updated)

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The Polish government is planning to implement a special procedure to control acquisitions of "protected entities" by buyers from outside of the European Economic Area. "Protected entities" would include most listed...more

Dechert LLP

Implementing FIRRMA: CFIUS Publishes Interim Rule on Filing Fees for Voluntary Transaction Notices

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This Interim Rule follows the Proposed Rule on filing fees published by the Committee on March 9, 2020...The Interim Rule also implements one of the last remaining changes to the CFIUS process initiated by the Foreign...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposes Filing Fees

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

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

Dechert LLP

Implementing FIRRMA: CFIUS Proposes Filing Fees for Transaction Notices 

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On March 4, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a proposed rule to establish for the first time filing fees for CFIUS...more

Dechert LLP

Global Private Equity Newsletter - Winter 2020 Edition: New CFIUS Regulations Offer Clarity for Private Funds with Foreign Limited...

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The U.S. Treasury Department published a final rule on January 17, 2020, to implement changes to regulations regarding the authority and jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) (85...more

Holland & Knight LLP

Foreign Ownership of Real Estate: New Rules from CFIUS

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The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) amended the rules governing the Committee on Foreign Investment in the United States (CFIUS) to provide the Committee with the authority to review minority...more

Carlton Fields

FIRRMA Impact on Real Estate Transactions

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The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) now specifically brings real estate transactions directly under the jurisdiction and review of the Committee on Foreign Investment in the United States...more

Snell & Wilmer

CFIUS Expansion Brings Federal Review to Real Estate

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On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more

Latham & Watkins LLP

CFIUS Pilot Program Makes Notifications Mandatory for Specific Areas of Critical Technology

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Program requires parties to submit to CFIUS notice of certain foreign investments in US businesses involved in specified critical technologies at least 45 days prior to closing. Key Points: ..The US Treasury Department...more

Eversheds Sutherland (US) LLP

The Foreign Investment Risk Review Modernization Act of 2018 - impact on real estate investments

Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the president signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more

Eversheds Sutherland (US) LLP

CFIUS mandates filings for range of foreign investments in critical technology companies

Earlier than expected, the Committee on Foreign Investment in the United States (CFIUS) has announced new interim rules—effective November 10, 2018, pursuant to the recently enacted Foreign Investment Risk Reduction...more

Akin Gump Strauss Hauer & Feld LLP

New CFIUS Law: Key Issues Affecting the Energy Sector

• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more

Pillsbury Winthrop Shaw Pittman LLP

Fall 2018 CFIUS Briefing - New Legislation and New Challenges

While there is increasing scrutiny, transactions continue to be reviewed and cleared by CFIUS, even where a Chinese entity is involved. Upcoming legislative changes will expand the definition of a “covered transaction”...more

Fenwick & West LLP

Shaking up Terra FIRRMA: Implications of CFIUS Reform for Tech and Life Sciences Companies

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The shadow cast over the technology industry by the Committee on Foreign Investment in the U.S. has been growing in recent years, resulting in the blocking of various high-profile technology deals—including Broadcom’s...more

The Volkov Law Group

CFIUS Reform: An Expanded Role (Part II of II)

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Congress enacted the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which was intended to modernize and strengthen the CFIUS process. FIRRMA was incorporated into the National Defense Authorization Act...more

Sheppard Mullin Richter & Hampton LLP

Expanding CFIUS: New Law Strengthens And Slows Investment Review

This week, you have likely heard about FIRRMA, the Foreign Investment Risk Review Modernization Act, the law that will expand CFIUS. We have written about a number of aspects of the new law as it was being made, including the...more

Sullivan & Worcester

CFIUS – Impacts of the Foreign Investment Risk Review Modernization Act of 2018

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The Committee on Foreign Investment in the United States ("CFIUS") is charged with the responsibility of reviewing potential risks to national security that may result from the consummation of foreign investments in the...more

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