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Mitigation Foreign Investment

Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Wiley Rein LLP

CFIUS Annual Report For 2023 Highlights Increasing Focus on Compliance and Enforcement Despite Reduction in Cases

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on...more

Morrison & Foerster LLP

Key Points from the 2023 CFIUS Annual Report

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2023. In a year that featured lower deal volume, CFIUS...more

Torres Trade Law, PLLC

Treasury Releases CFIUS 2023 Annual Report

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On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress regarding the Committee’s national security reviews and investigations of certain...more

Holland & Hart LLP

CFIUS Proposed Rule Aims to Strengthen Penalty and Enforcement Measures

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The US Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently released a Notice of Proposed Rulemaking (NPRM) to augment certain CFIUS...more

White & Case LLP

CFIUS Proposes Regulatory Updates to Shorten Mitigation Negotiation Timelines for Transaction Parties & Expand CFIUS Authorities...

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On April 11th, the US Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM) to "enhance certain CFIUS procedures and sharpen...more

White & Case LLP

CFIUS 2022 Annual Report Shows Significant Increase in Imposition of Mitigation Measures and Other Notable Trends

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The Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") recently released its Annual Report to Congress for calendar year 2022 (the "Report"). Overall, the Report underscores an increasingly...more

WilmerHale

US Government Reviews Record Foreign Investments for National Security Risk

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The Committee on Foreign Investment in the United States (CFIUS) reviewed a record number of transactions for national security risks in 2022: 440 covered transactions, up from 436 transactions in 2021, according to its...more

Morrison & Foerster LLP

New CFIUS Enforcement Guidelines Signal Expanded Compliance Focus

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In what likely portends enforcement actions in the near future, the U.S. Department of the Treasury published its first ever CFIUS Enforcement and Penalty Guidelines (the “Guidelines”)....more

McCarter & English, LLP

CFIUS Issues Enforcement and Penalty Guidelines: A Contextual View

Although announced two years earlier, Enforcement and Penalty Guidelines (the Guidelines) were finally released by the US Department of the Treasury (Treasury) as Chair of the Committee on Foreign Investment in the United...more

Ankura

CFIUS Issues Enforcement and Penalty Guidelines Intended to Drive Compliance with FDI Reviews and Mitigation

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On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS) issued new Enforcement and Penalty Guidelines (the “Guidelines”). CFIUS is an interagency committee that reviews and seeks to mitigate...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

White & Case LLP

CFIUS Hosts Inaugural Conference

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The event featured speakers from across the US Government who provided insights on CFIUS authorities, priorities, processes and recommended best practices. US Government officials also emphasized the United States’ commitment...more

K2 Integrity

CFIUS Publishes its 2020 Annual Report

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The 2020 unclassified report published by the Committee on Foreign Investment in the United States (“CFIUS”) provides investors with information regarding the approval rate for the streamlined declarations review process and...more

White & Case LLP

CFIUS Annual Report and Statistics for 2020 Show Encouraging Trends

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The Committee on Foreign Investment in the United States (CFIUS) has released its Annual Report for 2020 (Annual Report) as well as certain case statistics, providing insight into recent CFIUS trends. The data reflect a large...more

Vinson & Elkins LLP

Force Majeure In Emerging Markets: Mitigating Risk For Construction And Energy Investors

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Although emerging markets offer a wealth of investment opportunities, political instability and government responses to adverse events present risks for foreign investors. This article considers key dispute risks related to...more

White & Case LLP

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

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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

Rosenberg Martin Greenberg LLP

What are some of the monetary penalties and other consequences of failing to properly report my foreign real estate and other...

Depending upon how foreign real estate is owned and/or controlled, a number of different tax reporting regimes may be implicated.  Each of these has its own corresponding penalties and generally applies to United States...more

Jones Day

Looking Beyond the Recent CFIUS Annual Report

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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

Akin Gump Strauss Hauer & Feld LLP

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

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