News & Analysis as of

Foreign Investment National Security

Hogan Lovells

The impact of the outbound investment rules on LP trades

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The secondaries market continues to mature and evolve, offering limited partners (“LPs”) an essential tool for portfolio rebalancing, liquidity management and strategic realignment. However, the introduction of the U.S....more

Wilson Sonsini Goodrich & Rosati

The CFIUS “Fast-Track” Pilot Program: Why You (Probably) Can Ignore This Space

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced that it will create a “fast-track pilot program” for certain foreign investors. The stated goal of the program is to streamline investment reviews by...more

K&L Gates LLP

Historic US Presidential Visit to the Middle East

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The President of the United States, Donald Trump, recently concluded a landmark tour of the Gulf Cooperation Council (GCC) visiting Saudi Arabia, Qatar, and the United Arab Emirates (UAE). This was his first official...more

Troutman Pepper Locke

New “Fast-Track” Announced for Foreign Investment Approval

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On May 8, the Treasury Department announced a plan to introduce a new Known Investor portal as a key component of the “fast-track” process for investments by U.S. allies and partners under review by the Committee on Foreign...more

Vinson & Elkins LLP

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment”

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The Texas legislature has been active recently in proposing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Texas does not currently have state-level restrictions on foreign ownership of...more

Cooley LLP

CFIUS Non-Notified Transaction Enforcement: Cooley’s Five-Year Lookback

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March 2025 marked the fifth anniversary of the Committee on Foreign Investment in the United States (CFIUS) initiative to “formalize and centralize” within the Department of the Treasury an enforcement function to identify...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Announces Fast Track Pilot Program for Certain Investors

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced plans to establish a “fast-track” review process for the Committee on Foreign Investment in the United States (CFIUS). This initiative implements a key...more

White & Case LLP

Breaking Barriers: China’s New IDC Open-Up Opportunities for Foreign Investors

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The demand for data centers is skyrocketing in the era of digital transformation, driven by the growth of cloud computing and AI technologies. Historically, China has tightly restricted or even barred foreign investment in...more

Venable LLP

Piloting a "Fast Track" at CFIUS: New Process for Foreign Investors Expected Soon

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On May 8, 2025, the U.S. Department of the Treasury, which leads the interagency Committee on Foreign Investment in the United States (CFIUS), announced plans to establish a fast-track process for foreign investors, including...more

White & Case LLP

Amendments to IRA Tax Credits in the House Ways and Means Budget Bill

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On May 14, 2025, the House Committee on Ways and Means advanced its budget reconciliation bill containing numerous tax reform provisions. Below are our summaries of the proposed amendments to certain tax credits under the...more

Hogan Lovells

U.S. Treasury announces fast track pilot program for foreign investment reviews

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Key takeaways U.S. Treasury to establish a “fast track” foreign investment review process. It will include a “Known Investor” portal that allows the submission of information in advance of filing with Committee on Foreign...more

Holland & Knight LLP

Treasury Department Announces Fast-Track Pilot Program for Foreign Investors

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The U.S. Department of the Treasury on May 8, 2025, announced its intent to launch a fast-track process to facilitate greater investment from allied and partner sources. The process will include the launch of a "Known...more

Cooley LLP

US Outbound Investment Enforcement Is Now Live

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Despite uncertainty amid talks of reforming the Outbound Investment Security Program (OISP), the US Department of the Treasury is already actively pursuing enforcement actions against transaction parties that may have...more

Baker Botts L.L.P.

U.S. Treasury Department Announces Intent to Launch Fast Track Program to Streamline CFIUS Reviews for Certain Foreign Investors

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On May 8, 2025, the U.S. Treasury Department announced its intent to launch a Fast Track Pilot Program designed to streamline the Committee on Foreign Investment in the United States ("CFIUS") review process for certain...more

Blake, Cassels & Graydon LLP

Navigating Compliance: Competition Law and Foreign Investment Reviews Amid Tariffs and Trade Tension

The current economic climate has the potential to reshape traditional norms and patterns for regulatory reviews under the Competition Act and the Investment Canada Act (ICA)....more

Torres Trade Law, PLLC

First Quarter Foreign Direct Investment Updates

On February 21, 2025, the Trump administration published its “America First Investment Policy” memorandum. Among other items, the Policy calls for the United States to restrict China-affiliated persons from investing in...more

Latham & Watkins LLP

Deputy Treasury Secretary Provides Key Insights Into CFIUS and Outbound Policy Direction

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Potential policy changes could offer opportunities for CFIUS filers in low-risk transactions while introducing added challenges for transaction parties linked to sensitive countries....more

McGuireWoods LLP

Outbound Investment Rules and Implications on U.S. Loan Documentation

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The U.S. outbound investment security program, or Outbound Investment Rules, went into effect on Jan. 2, 2025, and financial institutions have had a few months to adjust to the new regulations....more

Pillsbury Winthrop Shaw Pittman LLP

DOJ Releases Its Data Security Program Compliance Guide

The guide outlines the requirements of a newly implemented Data Security Program designed to prevent China, Russia and other foreign adversaries designated by the U.S. Department of Justice from accessing American’s sensitive...more

Goodwin

How the New Administration Is Reshaping Trade

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Today my colleagues and I will discuss recent developments in the US trade regulatory space. We’re almost 100 days into the new administration, which stepped into a dynamic US trade regulatory environment, including new...more

Proskauer - Regulatory & Compliance

Trump Administration issues America First Investment Policy

Positive Development for Investors from Allied Nations - In a further solidification of the Administration’s efforts to isolate identified adversaries and strengthen U.S. leadership key strategic technologies, the...more

Goodwin

Life Sciences Companies Must Navigate the DOJ Data Rule

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Life sciences companies have long been outside the scope of US national security regulations and benefited from significant exemptions under US privacy laws. ...more

Sheppard Mullin Richter & Hampton LLP

Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

StoneTurn

Mitigating National Security Threats in Commercial Transactions

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In recent years, the U.S. government has taken a closer look at investments, mergers and acquisitions, and other business activity that may have an impact on U.S. national security. For corporations and investors, this means...more

Mogin Law LLP

Nippon Steel’s U.S. Steel Acquisition Gets Fresh Look by Trump Administration

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President Trump has directed his foreign investment agency to conduct a fresh national security review of Nippon Steel’s proposed acquisition of U.S. Steel, the Wall Street Journal has reported. The proposed $14 billion...more

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