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National Security Committee on Foreign Investment in the United States National Security Review Proceedings

Morrison & Foerster LLP

What the BEIS Reshuffle Means for the UK’s Investment Screening Regime

On 8 February 2023, the UK Prime Minister, Rishi Sunak, announced his government’s decision to restructure the Department of Business, Energy and Industrial Strategy (BEIS), splitting it into a number of separate departments....more

Dechert LLP

Highlights from Recent CFIUS Annual Report

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Background CFIUS is an interagency committee, principally comprising of nine members and chaired by the Secretary of the Treasury, which has broad powers to review foreign investments in and acquisitions of U.S. businesses to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Will Europe’s M&A Boom Survive Stricter Regulation, Shareholder Resistance and COVID?

Takeaways - Although deal flow continues to be strong, stricter antitrust and national security reviews may pose obstacles for some mergers. Financial sponsors remain very active, and with more corporate divestitures...more

Morgan Lewis

UK National Security and Investment Act Comes into Force on 4 January 2022

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The UK government announced on 20 July that the National Security and Investment Act will enter into force on 4 January 2022. This act introduces mandatory filings for certain investments raising national security concerns,...more

K2 Integrity

Potential CFIUS Implications of Proposed Strategic Competition Act of 2021

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The Strategic Competition Act of 2021, approved by the Senate Foreign Relations Committee on April 21, 2021, signals continued bipartisan consensus to orient U.S. policy towards aggressive action to counter China....more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - United States

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Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Releases 2019 Annual Report to Congress

On July 30, 2020, the Committee on Foreign Investment in the United States (CFIUS or the Committee) released its annual report to Congress for calendar year 2019. CFIUS, an interagency committee led by the U.S. Department of...more

Dechert LLP

CFIUS Releases 2019 Annual Report to Congress

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Key Takeaways - - On July 31, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), published its Annual Report to Congress on all notices...more

Dechert LLP

CFIUS Releases 2018 Annual Report to Congress

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Key Takeaways - On May 19, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), published its Annual Report to Congress on all notices filed...more

White & Case LLP

CFIUS Update: Proposed Changes to Critical Technology Mandatory Filing Requirements; 2018-2019 Statistics Show Key Trends; CFIUS...

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There have been several recent developments related to the Committee on Foreign Investment in the United States (CFIUS). Most notably, CFIUS has released a proposed rule that would change the mandatory filing criteria for...more

Hogan Lovells

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

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Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

A&O Shearman

CFIUS Proposes Filing Fees for Transaction Reviews

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The U.S. Department of the Treasury late yesterday released a draft set of regulations that would establish, for the first time, filing fees for most transactions submitted to the Committee on Foreign Investment in the United...more

Proskauer Rose LLP

Treasury Issues Final CFIUS Rules Implementing FIRRMA: Updates to the Proposed Rules and Where FIRRMA Landed

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On January 13, 2020, the U.S. Department of Treasury issued final regulations (the "Final Rules") that implement most of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). While the Final Rules provide...more

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ Final Regulations

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On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), finalized two sets of regulations to implement the Foreign Investment Risk...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: United States

White & Case LLP on

Most deals are approved, but the landscape is becoming increasingly complex, as more types of transactions are subject to review and some filings are mandatory. The Committee on Foreign Investment in the United States...more

Dechert LLP

CFIUS Issues Proposed Regulations to Expand Jurisdiction to Real Estate Transactions

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On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued proposed regulations to expand its jurisdiction to cover certain transactions by...more

ArentFox Schiff

CFIUS 2.0: Treasury Releases Comprehensive Rewrite of CFIUS Regulations, Flood of Filings Expected in 2020

ArentFox Schiff on

On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk...more

Hogan Lovells

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

Hogan Lovells on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS in the Face of a Prolonged Government Shutdown: What It Means for Deals

As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more

White & Case LLP

New EU Foreign Direct Investment Regulation—Initial Steps towards Harmonized European Investment Controls

White & Case LLP on

Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more

Hogan Lovells

Foreign fund investments in US critical technologies potentially subject to mandatory CFIUS filings

Hogan Lovells on

The Department of the Treasury recently released interim rules establishing a pilot program under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that mandates filings for foreign investments in certain...more

Fenwick & West LLP

Shaking up Terra FIRRMA: Implications of CFIUS Reform for Tech and Life Sciences Companies

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The shadow cast over the technology industry by the Committee on Foreign Investment in the U.S. has been growing in recent years, resulting in the blocking of various high-profile technology deals—including Broadcom’s...more

BCLP

Top Takeaways from CFIUS Reform

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On August 13, President Trump signed into law the National Defense Authorization Act of 2019 (NDAA), a $716 billion defense spending bill that includes the Foreign Investment Risk Review Modernization Act (FIRRMA), which...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Finalizes CFIUS Reform: What It Means for Dealmakers and Foreign Investment

After significant deliberation and discussion, Congress passed and the president is expected to shortly sign the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the first legislation in over a decade to...more

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