Understanding FOCI Mitigation
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
An In-Depth Overview of the DCSA
Ask a CFIUS Expert: Is Crypto Spying on Us?
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Decoding the Key Management Personnel Requirements
Navigating Personnel Security Clearances (PCLs)
Wiley's 10 Key Trade Developments: Outbound Investments and CFIUS Review
What Is an FCL and How Do I Obtain One?
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
Emerging Technology in the FY24 NDAA
John Neiman on the Corporate Transparency Act
Wiley's 10 Key Trade Developments: Evolution of Export Controls
FINCast Ep. 39 – State of Russia Sanctions Two Years After the Invasion
AGG Talks: Cross-Border Business - Privacy & Cybersecurity Considerations for Non-U.S. Companies
Video: Making Trade Inclusive for All Americans: A Conversation with SAP's Michelle Trong Perrin-Steinberg
AGG Talks: Cross-Border Business — Episode 7: Trans-Pacific Business: Australia and the U.S. - Part 2
AGG Talks: Cross-Border Business — Episode 7: Trans-Pacific Business: Australia and the U.S. - Part 1
The Now and Next in International Trade: 5 Fast Facts About CFIUS – a National Security Agency You Should Know
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
President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more
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
Much has been written about the Corporate Transparency Act (“CTA”), which was enacted on January 1, 2021, and went into effect on January 1, 2024. Briefly, the CTA requires “reporting companies” to disclose beneficial...more
Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more
On 13 May 2024, President Biden issued an order forcing divestiture by MineOne Partners Limited and certain related entities of their ownership of real estate within one mile of F.E. Warren Air Force Base, home to an...more
The heightened scrutiny M&A deals are encountering from various regulatory agencies in the US represents only part of the global regulatory regimes that cross-border dealmakers must navigate. European regulators have enacted...more
Key Points - Following our Alert last month addressing the United Kingdom Government’s intentions to improve the workings of the National Security and Investment Act 2021 (NSIA), the U.K. Government has now published two new...more
The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more
At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more
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
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
During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more
In this two-part episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s international initiative, is joined by Gadens partner John Kettle to discuss trans-pacific business expansion and doing business in...more
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
Congress continues to put pressure on the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), increasingly informing the context in which the Committee conducts its work. Last week, for...more
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
For the period between 1 April 2022 and 31 March 2023, the UK government received 866 notifications under its investment screening regime, 93% of which were cleared within 30 working days. The government issued final orders...more
On 11 July 2023, the UK government published its second annual report on the operation of the UK’s National Security and Investment (NSI) regime. The report covers the period from 1 April 2022 to 31 March 2023, making it the...more
The UK Government has published its second Annual Report on the functioning of the National Security and Investment regime, providing high-level statistics on how the regime has functioned over the past year. The report...more
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
To address concerns around the transparency and predictability of the National Security and Investment Act 2021 (NSIA) regime, the UK government has published the second edition of its “market guidance notes”. Following the...more
On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more
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
Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more