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Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Mayer Brown

CFIUS Proposes Rule to Expand its Real Estate Transaction Purview

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On July 8, 2024, the US Department of the Treasury, in its capacity as chair of the Committee on Foreign Investment in the United States (CFIUS), published a proposed rule that would expand the list of national security...more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Sheppard Mullin Richter & Hampton LLP

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...more

BakerHostetler

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

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Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

Dechert LLP

What Dealmakers Should Know about Congress’ Wish List for CFIUS

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Congress continues to put pressure on the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), increasingly informing the context in which the Committee conducts its work. Last week, for...more

McDermott Will & Emery

Corporate Transparency Act: What to Know

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The Corporate Transparency Act (CTA) introduces beneficial ownership reporting requirements effective January 1, 2024, for new and existing companies. Below is an overview of the new reporting obligations imposed by the CTA....more

Dorsey & Whitney LLP

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

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As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more

Dorsey & Whitney LLP

Recent Changes in the CFIUS Evaluation Process

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Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

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Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Hogan Lovells

Proposed rule would expand CFIUS’s jurisdiction regarding U.S. real estate

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On May 5, 2023, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule in the Federal Register that would (i) expand by...more

Morrison & Foerster LLP

CFIUS Seeks to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Land Deals Near Military Installations

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On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more

Morrison & Foerster LLP

CFIUS Proposes to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

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The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

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Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

Paul Hastings LLP

Latest DOJ Guidance and Non-US Companies: What to Expect and How to Handle it

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Since his election, President Joe Biden has loudly reaffirmed U.S. ambitions in the fight against global corruption, domestically and abroad. Thus, in June 2021 the “Biden memorandum” declared the fight against...more

Morrison & Foerster LLP

Key Points from the CFIUS Annual Report for Calendar Year 2021

Last month, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report to Congress covering 2021. The key takeaway is that CFIUS is more active than ever, subjecting a record number of...more

Morgan Lewis

Revisiting CFIUS Jurisdiction Over Real Estate Transactions

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Concerns are growing over the national security impact of real estate purchases by foreign persons, only a small portion of which are reviewed by the Committee on Foreign Investment in the United States (CFIUS). These...more

ArentFox Schiff

As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

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Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more

Knobbe Martens

When and Where to File Patent Applications

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Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which...more

BCLP

Increased certainty concerning the UK’s National Security & Investment Act transaction screening regime

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November has seen a number of developments in preparation for full implementation on 4 January 2022 of the UK’s new investment screening regime, the National Security & Investment Act. The Government has updated and...more

Morrison & Foerster LLP

CFIUS Prepares To Block Semiconductor Sale To Chinese Entity

As close observers of the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) are aware, the Committee has the authority to recommend that the President of the United States block a transaction on...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Jackson Walker

Exceptions to Coverage for “Excluded” Foreign Investors and States and Investment Funds From the Expanded CFIUS Jurisidiction

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As discussed in the initial article on the new CFIUS regulations, there are two important exceptions from coverage that need to be evaluated in determining what, if any, steps need to be taken to ensure compliance with the...more

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