News & Analysis as of

National Security Committee on Foreign Investment in the United States Critical Infrastructure Sectors

Levenfeld Pearlstein, LLC

CFIUS Is Not a Flu Strain: When Commercial Real Estate Transactions May Require Additional Regulatory Review

The Committee on Foreign Investment in the US (CFIUS) is an interagency organization that identifies commercial transactions that raise US national security considerations when there is significant foreign ownership of US...more

Womble Bond Dickinson

The Evolution of National Security in the U.S. and U.K.

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The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more

Paul Hastings LLP

CFIUS 2023 Annual Report Shows Committee Continues to Evolve

Paul Hastings LLP on

On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its annual report to Congress for calendar year 2023 (the “Annual Report”). CFIUS is an interagency body chaired...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

Mayer Brown

CFIUS Proposes Rule to Expand its Real Estate Transaction Purview

Mayer Brown on

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

Womble Bond Dickinson

Expansion of Restrictions on Foreign Investment in U.S. Real Estate

Womble Bond Dickinson on

On July 8, 2024, the Office of Investment Security (Department of the Treasury) published a proposed rule to expand CFIUS’s current restrictions on foreign investment in U.S. real estate to cover many additional government...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

Cadwalader, Wickersham & Taft LLP

After Referral from CFIUS President Biden Prohibits the Purchase of Wyoming Real Estate and Cryptocurrency Facility

On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

Lowenstein Sandler LLP on

What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ Proposed Rule: More Questions, Tighter Time Frames and Higher Penalties

On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to...more

Kilpatrick

Proposed Rule May Soon Give CFIUS More Bite for Failing to Make Mandatory Filings

Kilpatrick on

On Thursday, April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking aimed at increasing the penalty and enforcement powers of the Committee on Foreign Investment in the United States...more

American Conference Institute (ACI)

Industry Responses to the U.S. Outbound Investment Regulatory Regime

The only thing truly certain about the proposed U.S. outbound investment regulatory regime is that a lot of uncertainty remains. But industry responses garnered during the comment period may, at least partly, foretell the...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

HaystackID on

Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Fox Rothschild LLP

Biden Restricts Outbound Technology Investments into China

Fox Rothschild LLP on

A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

A&O Shearman

2022 CFIUS Annual Report Announces Record Filings, More Investigations, More Mitigation, But No Fines

A&O Shearman on

Last week, the Committee on Foreign Investment in the United States (CFIUS) released its 2022 Annual Report to Congress. CFIUS reported a record 440 filings in 2022. Although this reflects only a small increase from the 436...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Reports Substantial Increase in Use of Mitigation Measures in 2022

On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report for 2022. Overall, the statistics indicate that CFIUS is taking more time to finish its review...more

Morrison & Foerster LLP

The Long and Winding Road: Key Points from the CFIUS Annual Report

In July 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2022. Although the Report’s data lags a bit, given we are eight...more

Latham & Watkins LLP

8 Key Takeaways From the CFIUS 2022 Annual Report

Latham & Watkins LLP on

The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance. On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more

Torres Trade Law, PLLC

Trade Alert: Treasury Releases CFIUS 2022 Annual Report

On July 31, 2023, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress of the Committee’s national security reviews and investigations of certain foreign...more

Morgan Lewis

National Security and Real Estate: Mind the Gap Between Federal and State Jurisdiction

Morgan Lewis on

Jurisdictional limits on the Committee on Foreign Investment in the United States (CFIUS) regarding the review of certain real estate transactions have led Congress to introduce proposals expanding its jurisdiction and...more

Wilson Sonsini Goodrich & Rosati

"I See Dead Companies": CFIUS Aims an FAQ at the Venture Capital Model

One of the bigger surprises in the history of the Committee on Foreign Investment in the United States (CFIUS) began to unfold in May 2023, when CFIUS posted a new Q&A on the FAQ section of the CFIUS website. The FAQ...more

Haynsworth Sinkler Boyd, P.A.

What does the new CFIUS proposed rule mean for foreign investment?

Last month, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed rule that could restrict foreign investment in real estate located near certain military bases. As background, CFIUS is made up...more

Hogan Lovells

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

Hogan Lovells on

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

White & Case LLP

US Considering New Powers to Restrict Beijing-linked ICT Products and Services

White & Case LLP on

On March 7, 2023, a bipartisan group of US Senators introduced legislation that would enhance the ability of the executive branch to restrict information and communication technology ("ICT") products and services linked to...more

BCLP

FDI Regulation in the US, UK, France & Germany

BCLP on

The regulation of foreign direct investment (“FDI”) has become an increasingly important feature of the regulatory landscape for investors. Globally, there is a trend towards greater FDI restrictions although the degree and...more

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