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National Security Foreign Investment 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

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

Paul Hastings LLP

CFIUS 2023 Annual Report Shows Committee Continues to Evolve

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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

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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

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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

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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

Dechert LLP

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

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Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

Lowenstein Sandler LLP

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

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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

Hogan Lovells

Strengthen and streamline - Australia sets out plans to revamp its foreign investment regime

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The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim...more

White & Case LLP

Major changes to Australia’s Foreign Investment Review regime announced

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Australia's Federal Treasurer, Jim Chalmers, has announced major changes to Australia's foreign investment regime designed to safeguard economic and national security. Overseas investors with a proven track are set to benefit...more

White & Case LLP

UK FDI: Strategic streamlining but sectoral spread - the UK Government confirms its plans for NSIA reform

White & Case LLP on

In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...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

Stikeman Elliott LLP

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

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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

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...

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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

Jones Day

United States Leads the Way With Recent Foreign Investment Into Australia

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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

Stikeman Elliott LLP

Planning for Canada’s New Suspensory FDI Framework – Timing and Tactics for an Uncertain Transition

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For more than a year, Canada’s foreign investment review regime has been on the cusp of a dramatic expansion that will supercharge foreign investors’ obligations to obtain pre-closing national security non-objection or...more

Latham & Watkins LLP

Singapore’s New Significant Investments Regime

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The Ministry of Trade and Industry (MTI) introduced the Significant Investments Review Bill (the Bill) to parliament on 6 November 2023. The Bill aims to protect the national interests of Singapore by regulating significant...more

Bilzin Sumberg

Updates on Florida Law Restricting Foreign Ownership of Real Property: Proposed Rules and Shen v. Simpson

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SB 264 (Chapter No. 2023-33, Laws of Florida) - which restricts some individuals and entities associated with China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from owning certain real property in Florida - has...more

Seyfarth Shaw LLP

US-China Trade: Outbound Investment Control Regime in Sensitive Technologies

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中美贸易:敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies...more

Bilzin Sumberg

Florida Law on Foreign Ownership of Real Property Survives For Now – Compliance Still an Issue

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On August 17, 2023, Judge Allen Winsor of the U.S. District Court of the Northern District of Florida denied the Plaintiffs’ motion for temporary injunction in Shen v. Simpson, Case No. 4:23-cv-208-AW-MAF, the pending...more

A&O Shearman

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

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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

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