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Foreign Investment

Morrison & Foerster LLP

President Biden Orders Chinese-Owned Firm to Divest Property Near Missile Base in Wyoming

On May 13, 2024, President Biden issued an Executive Order requiring MineOne Partners Limited and its affiliates (together, “MineOne”) to divest their interest in real property located less than one mile from Francis E....more

Hogan Lovells

CFIUS Proposes Rule to Strengthen Its Monitoring and Enforcement Authorities

Hogan Lovells on

On April 15, 2024, the U.S. Department of the Treasury (“Treasury”), in its capacity as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that seeks to materially enhance...more

Latham & Watkins LLP

Taking Security in Africa: A Comparative Guide for Investors - May 2024

Latham & Watkins LLP on

This guide provides an overview of the types of assets over which security can be taken, the different types of security, as well as the related procedures for the perfection and enforcement of such security in Africa....more

Brownstein Hyatt Farber Schreck

Biden Ups the Ante on China Tariffs

Yesterday, following the completion of the Section 301 review by the Office of the U.S. Trade Representative (USTR), President Joe Biden announced a series of tariff hikes on a wide range of Chinese goods, including...more

Jones Day

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

Jones Day on

The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

Jones Day

Dispute Resolution Under OECD’s “Pillar Two” 15% Global Minimum Tax Remains Unclear

Jones Day on

In October 2020, the Organization for Economic Co-operation and Development (“OECD”) Secretariat released a report addressing its “Pillar Two” blueprint for an overhaul of the international tax system. Pillar Two provides for...more

Cooley LLP

UK Government Publishes Response to Call for Evidence on National Security and Investment Regime

Cooley LLP on

On 18 April 2024, the UK government published the response to its call for evidence consultation on the functioning, scope and performance of the UK National Security and Investment (NSI) Act. Please refer to our November...more

Dechert LLP

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

Dechert LLP on

Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

Holland & Knight LLP

Treasury Department Issues Proposed Rule to Enhance CFIUS Procedures, Enforcement Authorities

Holland & Knight LLP on

Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more

Proskauer - Tax Talks

Final Regulations on Domestically Controlled REITs

Proskauer - Tax Talks on

On April 24, 2024, the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “IRS”) issued final regulations on the definition of “domestically controlled” real estate investment trusts (“REITs”)...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

Lowenstein Sandler LLP on

What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Hogan Lovells

Strengthen and streamline - Australia sets out plans to revamp its foreign investment regime

Hogan Lovells on

The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim...more

Proskauer Rose LLP

Proskauer's Hedge Start: When Is SEC Registration Necessary?

Proskauer Rose LLP on

An initial question faced by any manager launching a hedge fund is whether or not registration as an investment adviser with the U.S. Secutiries and Exchange Commission (SEC) under the Investment Advisers Act of 1940, as...more

Proskauer Rose LLP

Proskauer’s Hedge Start: Key Tax Issues

Proskauer Rose LLP on

Different hedge fund investors have different tax concerns that must be taken into account when structuring a hedge fund and its portfolio investments. Hedge fund investors generally fall into three categories:...more

White & Case LLP

The Grant of a Pledge in Financing Transactions Triggers FDI (Golden Power) Filing Requirement

White & Case LLP on

As part of a series of recent FDI reviews, the Italian government has determined that the grant of a pledge over shares of Italian companies in strategic sectors triggers the filing requirement under the Italian FDI regime,...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more

White & Case LLP

Major changes to Australia’s Foreign Investment Review regime announced

White & Case LLP on

Australia's Federal Treasurer, Jim Chalmers, has announced major changes to Australia's foreign investment regime designed to safeguard economic and national security. Overseas investors with a proven track are set to benefit...more

White & Case LLP

Charting a new course: proposed expedited dispute resolution procedures for CETA

White & Case LLP on

The European Commission recently proposed supplemental dispute resolution rules intended to facilitate small- and medium-sized enterprises' access to the investment court system envisaged in the EU's trade agreement with...more

White & Case LLP

Belgium Issues New FDI Guidelines

White & Case LLP on

The Belgian FDI screening regime, introduced by the Cooperation Agreement of November 30, 2022 ("Cooperation Agreement") became effective on July 1, 2023. Similar to many other European foreign direct investment ("FDI")...more

Wilson Sonsini Goodrich & Rosati

New Proposed CFIUS Rules Confirm a More Prosecutorial Regime, But to What End?

New rules proposed by the Committee on Foreign Investment in the United States (CFIUS), released on April 11, 2024, can be understood in two ways: the practical effects and signaling effects....more

K&L Gates LLP

Build-to-Rent - Australian Income Tax Concessions: Foundations Laid, but Potential Cracks and Missing Features May Yet Plague a...

K&L Gates LLP on

The Australian government has, nearly 12 months after announcing them, released draft legislation to implement two key income tax incentives for build-to-rent (BTR) projects: Extending the 15% withholding tax for foreign...more

Jones Day

CFIUS Signals Enhanced Enforcement Focus With New Proposed Changes to Regulations

Jones Day on

On April 11, 2024, the Treasury Department announced a prepublication copy of a proposed rule amending the regulations of the Committee on Foreign Investment in the United States ("CFIUS") (the "Proposed Rule")....more

Skadden, Arps, Slate, Meagher & Flom LLP

Final ‘Domestically Controlled REIT’ Regulations Retain Corporate Look-Through With Some Modifications

On April 24, 2024, the Treasury Department released final regulations that alter key rules affecting many real estate funds and foreign investors in U.S. real estate....more

Jones Day

Substantial Strengthening of Australia's Foreign Bribery Laws: Are Your Procedures up to Scratch?

Jones Day on

The Situation: The Australian Federal Parliament has passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 ("Act"), some six years after a bill to create a 'failure to prevent' foreign bribery offence...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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