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National Security Foreign Acquisitions

Mayer Brown

The Year in Review: UK Foreign Direct Investments Regime in the Spotlight

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On 10 September 2024, the UK Government published its third Annual Report on the operation of the National Security and Investment Act 2021 (NSIA). Covering the period from 1 April 2023 to 31 March 2024, the report gives a...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Real Estate Transactions Near Military Sites

Wiley Rein LLP on

On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...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

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

Locke Lord LLP

Recent Presidential Order Unwinding ‎Real Estate Transaction Reinforces CFIUS’ Heightened ‎‎Enforcement Regime

Locke Lord LLP on

On May 13, 2024, President Biden issued an order (the “Order”) prohibiting the purchase and requiring the divestment of certain real estate operated as a cryptocurrency mining facility located within one mile of Francis E....more

Hogan Lovells

CFIUS Proposes Rule to Strengthen Its Monitoring and Enforcement Authorities

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On April 15, 2024, the U.S. Department of the Treasury (“Treasury”), in its capacity as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that seeks to materially enhance...more

Wilson Sonsini Goodrich & Rosati

New Proposed CFIUS Rules Confirm a More Prosecutorial Regime, But to What End?

New rules proposed by the Committee on Foreign Investment in the United States (CFIUS), released on April 11, 2024, can be understood in two ways: the practical effects and signaling effects....more

Stikeman Elliott LLP

Passage of Bill C-34: An Overhaul of Canada’s Foreign Direct Investment Regime

Stikeman Elliott LLP on

With the passage through Parliament of Bill C-34 on March 22, 2024, long contemplated changes to Canada’s foreign investment review regime are set to dramatically overhaul Canada’s FDI framework. ...more

Jones Day

United States Leads the Way With Recent Foreign Investment Into Australia

Jones Day on

The Australian Treasury has released its first quarterly report ("Report") for the 2023-24 financial year covering the regulation of foreign investment in Australia....more

Hogan Lovells

French government extends the scope of application of the French Foreign Direct Investment screening regime

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France is currently strengthening its foreign direct investment (“FDI”) screenings regime. In addition to the new resources allocated to the Government unit in charge of the French FDI laws, the French government adopted, on...more

Morgan Lewis

UK Government Consults on Changes to Application of National Security and Investment Act

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The UK government recently issued a Call for Evidence seeking input from stakeholders regarding potential changes to how it enforces the National Security and Investment Act (NSIA), which enables the UK government to...more

Hogan Lovells

Spotlight on the U.S.: Panelists discuss trade challenges and opportunities

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Hogan Lovells is hosting a special webinar series for Life Sciences and Health Care companies based in, or with commercial interests in, the Asia-Pacific (APAC) region. The series shares topical insights, cost-effective...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

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

A&O Shearman

UK National Security and Investment Act: key takeaways from second annual report

A&O Shearman on

The second annual report on the functioning of the UK’s investment screening regime has been published. We highlight the key points....more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, June 2023

Secretary Blinken to Travel to Beijing. Secretary of State Antony Blinken is planning to travel to Beijing on June 18-19 for meetings with senior PRC officials, the first visit to China by a U.S. Secretary of State since...more

Hogan Lovells

Belgian FDI regime enters into force on 1 July 2023

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On 1 July 2023, the Belgium foreign direct investment ("FDI") screening regime enters into force. The regime will add scrutiny for non-EU companies planning investments in targeted sectors and will create additional...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Reportedly Finds It Lacks the Authority to Scrutinize Chinese-Owned Company’s Michigan Land Battery Plant

The Committee on Foreign Investment in the United States (CFIUS) reportedly observed limits on its authority in a recent case to examine and potentially disturb foreign investment transactions for national security reasons....more

K&L Gates LLP

Foreign Direct Investment Update

K&L Gates LLP on

The new Register of Foreign Ownership of Australian Assets (the Register) is imminent, with the Australian Taxation Office (ATO) having announced that it will be introduced on 1 July 2023. The Register was established in...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

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

Holland & Knight LLP on

The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more

BakerHostetler

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

BakerHostetler on

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

A&O Shearman

Treasury Department Proposes Expansion of CFIUS Authority to Block Real Estate Transactions Near Sensitive U.S. Government...

A&O Shearman on

On Friday, the Treasury Department’s Office of Investment Security proposed expanding the authority of the Committee on Foreign Investment in the United States (CFIUS) to block real estate transactions involving foreign...more

Hogan Lovells

Foreign Direct Investment (FDI) – Global Legal Guide

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The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more

Axinn, Veltrop & Harkrider LLP

The Not-So-Silk Road: The Proliferating Regulatory Obstacles to Chinese Investment in the U.S.

All companies engaged in M&A activity in the United States must plan for enhanced scrutiny from an increasingly aggressive DOJ and FTC, but non-U.S. companies, particularly Chinese companies, must also reckon with another...more

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