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Foreign Acquisitions Technology Sector

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

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, June 2023

Secretary Blinken to Travel to Beijing. Secretary of State Antony Blinken is planning to travel to Beijing on June 18-19 for meetings with senior PRC officials, the first visit to China by a U.S. Secretary of State since...more

BCLP

Foreign direct investment - Practical considerations for buyers and sellers

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The UK prime minister recently declared the end of the so-called “golden era” of relations with China, adding that the closer economic ties of the previous decade had been “naive”. That assessment followed the UK government’s...more

PilieroMazza PLLC

U.S. Treasury Issues Guidance on CFIUS Enforcement and Penalties

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On October 20, 2022, the U.S. Department of the Treasury (Treasury) released the Committee on Foreign Investment in the United States (CFIUS or the Committee) Enforcement and Penalty Guidelines (the Guidelines). The...more

Wilson Sonsini Goodrich & Rosati

A Tale of Two Filers: CFIUS Report Touts Efficiency, Also Indicates CFIUS Failed to Meet Statutory Deadlines for a Large...

This year's version of the annual Committee on Foreign Investment in the United States (CFIUS) report, released on August 2, 2022, and covering calendar year 2021, has a Dickensian quality. As usual, it's a dense work. But...more

Wilson Sonsini Goodrich & Rosati

2020 National Security Regulations Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present the National Security Regulations 2020 Year In Review. In the last several years, parties interacting with U.S. businesses—particularly U.S. businesses with novel...more

White & Case LLP

Taiwan in the changing global landscape - Adversarial capital and COVID-19 converge to expand FDI regimes – Watch this space!

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Already burgeoning, foreign direct investment regulations worldwide are bulking up still more in response to emerging threats. Over the past few years, countries around the globe have started to either implement or ratchet...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

White & Case LLP

Taiwan in the changing global landscape - Europe again has the technology sector in its target zone (Guidance for Taiwanese...

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For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...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

White & Case LLP

CFIUS Update: Proposed Changes to Critical Technology Mandatory Filing Requirements; 2018-2019 Statistics Show Key Trends; CFIUS...

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There have been several recent developments related to the Committee on Foreign Investment in the United States (CFIUS). Most notably, CFIUS has released a proposed rule that would change the mandatory filing criteria for...more

Dechert LLP

CFIUS Publishes Proposed Rule to Change Mandatory Declaration Requirements

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

Skadden, Arps, Slate, Meagher & Flom LLP

Bureau of Industry and Security Further Restricts Exports to Countries of Concern, Including China

On April 28, 2020, the Bureau of Industry and Security, U.S. Department of Commerce (BIS) published two final rules — both of which will take effect on June 29, 2020 — and one proposed rule — for which comments are due by...more

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

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The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

Morrison & Foerster LLP

The Dealmaker’s Guide To The New CFIUS Framework

It seems there’s never a dull moment in the U.S.-China bilateral relationship. Public markets relaxed following easing tensions in the trade war with China with the announcement of the parties’ Phase I trade agreement, signed...more

A&O Shearman

U.S. Treasury implements Final FIRRMA Regulations

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INTRODUCTION - This week, new regulations promulgated by the U.S. Department of the Treasury (the Treasury) went into effect to finalize and comprehensively implement the Foreign Investment Risk Review Modernization Act of...more

Davis Wright Tremaine LLP

Mandatory CFIUS Filing Requirement for Certain Foreign Investments Takes Effect TODAY; Exceptions for Canadian, Australian and...

Department of Treasury Issues Final FIRRMA Regulations - The U.S. Treasury Department has issued final rules (the Regulations) implementing changes to the foreign investment review process administered by the Committee on...more

Cooley LLP

Alert: CFIUS Update: Final Regulations Implement FIRRMA

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The US Department of the Treasury has issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). The final regulations broadly expand the jurisdiction of the Committee...more

White & Case LLP

BMWi plans further tightening of investment control in M&A transactions of foreign investors

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On January 31, 2020, the Federal Ministry for Economic Affairs and Energy (BMWi) presented a draft law amending the Foreign Trade and Payments Act (AWG-E) and forwarded it to selected trade associations for their comments....more

BakerHostetler

New Rules Governing Review of Foreign Investment in U.S. Real Estate Take Effect on February 13

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As mandated by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) has issued new regulations (the Regulations) that will become effective on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Alston & Bird

CFIUS Finalizes Rules for Reviewing Foreign Investment in U.S. Businesses

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The U.S. Department of the Treasury releases two rules finalizing the expanded jurisdiction and new procedures of the Committee on Foreign Investment in the United States (CFIUS)....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

White & Case LLP

CFIUS Finalizes New FIRRMA Regulations

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Nearly a year and a half after the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was enacted, authorizing the most substantial overhaul of the Committee on Foreign Investment in the United States (CFIUS)...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Japan

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Japan expanded the scope of industries subject to prior notification for Inward Direct Investment in 2019 - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of Finance (MOF) and the relevant...more

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