News & Analysis as of

Foreign Investment Prohibited Transactions

Cadwalader, Wickersham & Taft LLP

U.S. Treasury Proposes Regulation of U.S. Outbound Investments

On June 21, 2024, the U.S. Department of Treasury (“Treasury”) issued a notice of proposed rulemaking (“Proposed Rule”) that would regulate certain U.S. transactions with persons of a country of concern involved in the...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Treasury Department Issues Proposed Rulemaking for Forthcoming Outbound Investment Program

The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more

Orrick, Herrington & Sutcliffe LLP

With Focus on Tech Sector and China, Treasury Publishes Proposed Outbound Investment Restrictions

The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

Latham & Watkins LLP on

The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Mintz - Antitrust Viewpoints

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments. The proposed rule seeks to “prevent countries of concern...more

K&L Gates LLP

US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

K&L Gates LLP on

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments...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

Polsinelli

Biden Administration Unveils New Outbound Investment Security Program, Which Will Prohibit U.S. Investments in China Relating to...

Polsinelli on

On August 9, 2023, the Biden Administration took the first significant steps towards implementing a new regime to restrict and regulate U.S. investments in certain Chinese technology sectors. The President released...more

White & Case LLP

President Biden Orders Establishment of New Program to Restrict US Outbound Investment in Certain Tech Sectors in China

White & Case LLP on

On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more

Latham & Watkins LLP

White House Issues Outbound Investment Executive Order and Treasury Department Solicits Comments on This New Regulatory Program: 5...

Latham & Watkins LLP on

After publicly signaling support for an outbound investment screening mechanism in July 2022, the Biden Administration has issued a long-anticipated Executive Order to address certain investments by US persons in “countries...more

Jenner & Block

Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

Jenner & Block on

On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the...more

Goodwin

Charlie Brown Finally Kicks the Football: US Outbound Investment Program Will Target China’s Semiconductor, Quantum Computing, and...

Goodwin on

After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more

Holland & Knight LLP

Long-Awaited Executive Order Targets U.S. Outbound Investment in China

Holland & Knight LLP on

The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more

Latham & Watkins LLP

European Court of Justice Rules on Foreign Direct Investment Screening

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The Court’s first decision on FDI screening limits the scope of the EU FDI Screening Regulation and underlines that national regulators must meet a high legal standard to block foreign investments. On July 13, 2023, the...more

Dorsey & Whitney LLP

Outbound Investment Screening Becomes a Reality

Dorsey & Whitney LLP on

On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”)....more

Brownstein Hyatt Farber Schreck

The Biden Administration Releases National Security Strategy

On Oct. 12, the White House released its long-awaited National Security Strategy (NSS), a high-level framework addressing the Biden administration’s main priorities on international security, trade and investment. The...more

Eversheds Sutherland (US) LLP

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more

Wiley Rein LLP

President Biden Issues Executive Order Restricting Investments in 59 Chinese Companies

Wiley Rein LLP on

On June 3, 2021, President Biden signed a new Executive Order (EO or Order) to address the national security threats posed by entities operating in the People’s Republic of China (PRC). The Order – entitled Executive Order on...more

Dorsey & Whitney LLP

New U.S. Government Review Process Effective March 22 for Information Communications Technology and Services from China, Russia...

Dorsey & Whitney LLP on

On January 19, 2021, one day before the transition to the new Biden Administration, the U.S. Department of Commerce published its interim final regulations (“Regulations”) that will allow the United States to review, block,...more

McDermott Will & Emery

Radar Specialist: German Government Prohibits Takeover by Chinese Investor

McDermott Will & Emery on

The sharp sword of prohibiting a M&A transaction because of threats to public order or security is eventually being applied. IN DEPTH - After years of continuous tightening of foreign trade law, several papers including...more

White & Case LLP

CFIUS Annual Report for 2019 Shows Key Trends; TikTok Faces CFIUS Review and, Together with WeChat, Other US Restrictions

White & Case LLP on

In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more

Bricker Graydon LLP

Amendment introduced to prohibit foreign ownership in critical infrastructure in Ohio

Bricker Graydon LLP on

Introduced on October 26, 2019, House Joint Resolution 2 (HJR 2), titled the “Ohio Critical Infrastructure Protection Amendment,” seeks to place a constitutional amendment before Ohio voters prohibiting foreign businesses and...more

Akin Gump Strauss Hauer & Feld LLP

President Trump Blocks Chinese-Funded Acquisition of U.S. Semiconductor Company

• President Trump issued an order prohibiting the proposed $1.3 billion takeover of Lattice Semiconductor Corporation, a U.S. company, by Canyon Bridge Capital Partners, Inc., a private equity firm funded by Chinese...more

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