News & Analysis as of

National Security Committee on Foreign Investment in the United States Enforcement Actions

Mayer Brown

CFIUS Announces $60 Million Penalty and Debuts New Enforcement Website

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On August 14, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) announced a $60 million penalty, “the largest penalty CFIUS has ever issued,” following its finding of material violations...more

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

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

Orrick, Herrington & Sutcliffe LLP

CFIUS’s Proposed Regulatory Enhancements Would Increase Transactional Risks

The Committee on Foreign Investment in the United States (CFIUS) has taken another significant step in transforming from a limited jurisdiction interagency committee that primarily reviewed voluntary filings into a body with...more

Wiley Rein LLP

Wiley's 10 Key Trade Developments: Evolution of Export Controls

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Along with engaging in closer cooperation with partner countries, the U.S. is prioritizing its own national security interests as well, moving first in many respects....more

American Conference Institute (ACI)

[Event] 10th National Conference on CFIUS - April 11th - 12th, Arlington, VA

Hosted by American Conference Institute, the 10th National Conference on CFIUS returns for another exciting year with curated programming that will provide invaluable insights on repositioning your transaction planning amidst...more

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...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

Bass, Berry & Sims PLC

Tri-Seal Compliance Note on Voluntary Self-Disclosure Released by Departments of Commerce, Justice, and Treasury

On July 26, the Department of Commerce, Department of the Treasury, and Department of Justice released a Tri-Seal Compliance Note (July Note) providing guidance on voluntary self-disclosure of potential violations of U.S....more

Torres Trade Law, PLLC

Trade Alert: Justice, Commerce, and Treasury Departments Issue a Tri-Seal Compliance Note on Voluntary Self-Disclosures

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On July 26, 2023, the Department of Justice (“DOJ”), the Department of Commerce’s Bureau of Industry and Security (“BIS”), and the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) published their second...more

Latham & Watkins LLP

New CFIUS Developments Signal Heightened Attention on Enforcement: 4 Areas to Watch

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The recent developments signal a renewed vigor to protect US national security. This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more

Foley Hoag LLP

Navigating the International Trade & National Security Landscape

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The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are...more

Bradley Arant Boult Cummings LLP

The RESTRICT Act: A Potential New Enforcement Tool to Address Economic and National Security Concerns Posed by Foreign Information...

Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now....more

American Conference Institute (ACI)

[Event] 9th National Conference on CFIUS - April 13th - 14th, Arlington, VA

Hosted by American Conference Institute (ACI), the 9th National Conference on CFIUS returns for another exciting year with curated programming and an impressive lineup of leaders from government, industry and private practice...more

Hogan Lovells

Disruptive Technology Strike Force to enforce U.S. laws protecting advanced technologies

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On February 16, 2023, the Department of Justice (DOJ) and the Department of Commerce (Commerce) announced the creation of a joint Disruptive Technology Strike Force (Strike Force). The Strike Force will be co-led by the...more

Foley Hoag LLP

CFIUS Year in Review

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CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Wilson Sonsini Goodrich & Rosati

CFIUS Guidelines: Betwixt and Between

On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued its first-ever set of “Enforcement and Penalty Guidelines.” The Guidelines introduce for CFIUS participants a new...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

Jones Day

CFIUS Releases First-Ever Penalty and Enforcement Guidelines

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The Committee on Foreign Investment in the United States ("CFIUS") has released its first-ever enforcement and penalty guidelines—putting industry on notice and inviting self-disclosures....more

Ankura

[Webinar] Inside Perspectives on the New CFIUS Enforcement Guidelines - November 8th, 12:00 pm - 1:30 pm EDT

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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”). The Guidelines follow closely on the heels of an executive order...more

BakerHostetler

CFIUS Issues Long-Awaited Enforcement and Penalty Guidelines

BakerHostetler on

The U.S. Department of the Treasury on October 20, 2022, issued its first-ever Committee on Foreign Investment in the United States (CFIUS) Enforcement and Penalty Guidelines. Publishing of the Guidelines reinforces recent...more

Latham & Watkins LLP

National Security & Investment Act: Cold Comfort for Officeholders

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Insolvency officeholders may need clearance upon appointment to entity in an affected sector. The National Security & Investment Act (NSI Act) came into force in early January, and market participants might reasonably...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Steps Back From China Initiative but Remains Focused on China-Related Enforcement

On February 23, 2022, Assistant Attorney General (AAG) Matthew Olsen, the head of the Department of Justice’s (DOJ) National Security Division (NSD), announced that a review of the China Initiative begun under the Trump...more

Sheppard Mullin Richter & Hampton LLP

The Next Four Years in International Business

Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before...more

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