News & Analysis as of

Foreign Investment China

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

CFIUS: New Teeth, Bigger Bite?

The United States governmental committee charged with reviewing foreign mergers and acquisitions with U.S.-based companies or affiliates for potential national security concerns may soon be getting a new set of teeth. The...more

U.S. Employs Rarely Used Tool to Probe China IP Practices

As President Trump visits China, U.S. is investigating a longstanding issue in bilateral relationship—technology transfer/intellectual property requirements—that has potential implications for trade. U.S. business and...more

Long-awaited CFIUS reform legislation introduced in U.S. Congress

by Hogan Lovells on

This client alert updates readers on the introduction of legislation in the US Congress that, if enacted, would result in significant changes to CFIUS, the U.S. government interagency committee that conducts national security...more

National security reviews 2017: A global perspective — China (Updated)

by White & Case LLP on

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

China Prioritises Environmental, Social, and Governance Factors in Overseas Investment

by Latham & Watkins LLP on

The Chinese government has announced a US$4 trillion investment in developing infrastructure globally under the “Belt and Road Initiative” (BRI). Under the BRI the Chinese government will spend US$750 billion on overseas...more

President Trump Blocks Sale of U.S. Company to Chinese Buyers Under CFIUS

by Williams Mullen on

On September 13, 2017 President Trump ordered that the acquisition of Lattice Semiconductor Corporation by Chinese purchasers be “prohibited” under CFIUS. While this is the first publically announced blocking of an...more

China-Pakistan Economic Corridor: A New Frontier for Investment Treaty Disputes?

by Dechert LLP on

China’s One Belt One Road initiative (“OBOR Initiative”) provides promising and lucrative opportunities for foreign investors to invest in large-scale infrastructure projects across Asia, the Middle East, Africa, and Europe....more

Can Overseas Bidders Guard Against M&A Risks in An Increasingly Economically Nationalist Europe?

by Latham & Watkins LLP on

Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies. Deal teams have previously...more

CFIUS, POTUS Block Chinese Acquisition of U.S. Semi-conductor Maker

by Bass, Berry & Sims PLC on

More Acquisitions May Be Blocked in the Future - Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more

CFIUS Annual Report Shows Increased Scrutiny, Risk for Foreign Investment

by Reed Smith on

The Committee on Foreign Investment in the United States (CFIUS) recently published a summary of its Annual Report to Congress for the fiscal year 2015 (the 2015 CFIUS Annual Report) reflecting a trend that has become evident...more

Chinese Acquisitions in the EU: The Climate Is Getting Rougher

by Shearman & Sterling LLP on

In response to a significant increase in acquisitions of companies in the EU by Chinese buyers in recent years, the foreign (i.e., non-EU) investment review legal framework in the EU is currently undergoing a change towards...more

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more

Looking Beyond the Recent CFIUS Annual Report

by Jones Day on

The Situation: CFIUS recently released its annual report to Congress regarding transactions reviewed by CFIUS during 2015, as well as limited information regarding transactions reviewed during 2016....more

Foreign Investment in China: An Introduction

China presents some of the world’s most exciting opportunities, and a unique set of cultural, legal and political challenges. It has a distinct legal regime that in many respects cannot be understood by direct reference to...more

Alert: M&A Guide to CFIUS: How the Review Process Can Impact Your Transaction

by Cooley LLP on

The Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") has received much attention over the past several months for its role in blocking two separate Chinese acquisitions of US semiconductor...more

Trump Administration Signals Hard Stance on Chinese Investment in Technology

by Davis Wright Tremaine LLP on

Two recent CFIUS reviews show that the new administration is taking a hard stance on Chinese investment in technology. CFIUS, the Committee on Foreign Investment in the U.S., is an interagency committee that reviews the...more

President Trump Issues Order Prohibiting Chinese Company Acquisition Of U.S. Semiconductor Business

by King & Spalding on

On September 13, 2017, President Trump issued an Executive Order prohibiting the acquisition of U.S. company Lattice Semiconductor Corporation (Lattice) by a group of companies, including Canyon Bridge Fund I, LP (CBFI);...more

Perspectives from Chinese Law Firm Leaders

by LawVision Group LLC on

Part I: I. Chinese Law Firms – Still Eyeing the US! Last week, while in China on business, I had the opportunity to speak with two groups of leaders from some of China’s most prominent law firms. Having been an insider to...more

Latest CFIUS Annual Report Shows Start of Withdraw and Refile Trend

The Committee on Foreign Investment in the United States (CFIUS) recently released the unclassified version of its annual report to Congress for transactions notified to CFIUS during calendar year 2015. While the data...more

10 Takeaways From the CFIUS Annual Report to Congress

by Latham & Watkins LLP on

Calendar Year 2015 CFIUS Report reflects review of transactions for national security risks is generally taking longer, with Chinese investors leading all others. The Committee on Foreign Investment in the United States...more

New Rules Offer Clarity On China's Outbound M&A Crackdown

by Foley & Lardner LLP on

On August 18, 2017, China’s State Council issued guidelines clarifying rules passed a year ago by the State Administration of Foreign Exchange (SAFE) limiting outbound investments as cover-up to move money out of China....more

CFIUS’s 2015 Annual Report and Published 2016 Data Demonstrate Uptick in Review Activity and Scrutiny

On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its annual report (“Report”) to Congress. One day later, CFIUS also released more limited data on foreign...more

CFIUS Publishes 2015 Annual Report and 2016 Statistics Amid More Recent Dynamic CFIUS Environment

by White & Case LLP on

The Committee on Foreign Investment in the United States (CFIUS) recently released the public version of its Annual Report covering calendar year 2015 along with some statistics regarding filings in calendar year 2016. By...more

CFIUS Annual Report Highlights Period of Increased Scrutiny for Foreign Investments

by Hogan Lovells on

In 2015, the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews of foreign investments, maintained a heavy case load, reviewing 143...more

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