News & Analysis as of

National Security Foreign Investment Due Diligence

Hogan Lovells

The impact of the outbound investment rules on LP trades

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The secondaries market continues to mature and evolve, offering limited partners (“LPs”) an essential tool for portfolio rebalancing, liquidity management and strategic realignment. However, the introduction of the U.S....more

Cooley LLP

US Outbound Investment Enforcement Is Now Live

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Despite uncertainty amid talks of reforming the Outbound Investment Security Program (OISP), the US Department of the Treasury is already actively pursuing enforcement actions against transaction parties that may have...more

Holland & Knight LLP

Podcast - What Are Joint Ventures and When Should They Get Cleared?

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In this episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey speaks with Washington, D.C., International Trade attorney Andrew McAllister about joint ventures and how they interact with facility...more

Husch Blackwell LLP

Real Estate Transactions Come Under Increased National Security Scrutiny

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As geopolitical tensions rise and the post-Cold War global order continues to fray, national security has experienced a renewed policymaking focus. The most prominent areas in this regard have been critical technology...more

Cooley LLP

Assessing the Impact of the Outbound Investment Security Program on Debt Transactions

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On January 2, 2025, the US Department of the Treasury implemented the new Outbound Investment Security Program (OISP), which prohibits or imposes notification requirements on certain investments by US persons in persons that...more

Torres Trade Law, PLLC

The Mergers & Acquisitions Review: US Trade Compliance Due Diligence 2024

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In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more

Buchalter

The U.S. Finalizes Outbound Investment Restrictions on Technology Development

Buchalter on

Precedent-Setting Investment Restrictions – On January 2, 2025, the U.S. will start restricting foreign investments by U.S. persons in certain national security technologies. The Outbound Investment Rule and associated...more

Fenwick & West LLP

Compliance Deadline Approaches for New Regs Targeting U.S. Investment in Chinese AI, Semiconductors, Quantum Tech

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On November 15, the U.S. Department of the Treasury published final regulations to implement its long-awaited “Outbound Investment” Security Program, which the Biden Administration originally introduced in August 2023 under...more

Latham & Watkins LLP

Final US Outbound Investment Rules to Be Effective January 2, 2025: Key Questions Answered

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The Final Rule prohibits or requires notification of certain US investments in Chinese and Chinese-controlled entities involved in semiconductors, quantum information technologies, and artificial intelligence....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

K2 Integrity

Anticipated Executive Order Likely to Expand Regulations and Limit Investment Abroad

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Scrutiny over investment security continues to grow, with an accelerated policy and regulatory debate occurring in the United States regarding the imposition of novel outbound investment notification and review requirements....more

Holland & Knight LLP

CFIUS 2021 Annual Report: Considerations for Businesses

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The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more

BCLP

Increased certainty concerning the UK’s National Security & Investment Act transaction screening regime

BCLP on

November has seen a number of developments in preparation for full implementation on 4 January 2022 of the UK’s new investment screening regime, the National Security & Investment Act. The Government has updated and...more

Wiley Rein LLP

[Webinar] 2021 National Security Series - National Security Issues in M&A Due Diligence - November 10th, 2:30 pm - 3:30 pm EDT

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Please join us in a discussion on the importance of M&A due diligence, where we will cover: - Cybersecurity and ransomware; - Corporate M&A activity; - Bureau of Industry and Security (BIS), export controls, and...more

K2 Integrity

SPACs and CFIUS: Due Diligence Considerations

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Special purpose acquisition companies (SPACs), which provide unique opportunities to raise capital from a diverse group of investors and invest in companies, are currently flourishing as investment vehicles. The United States...more

Proskauer - New Media & Technology

Final CFIUS Regulations Impact Foreign Non-Control Investment Transactions Involving Critical Technologies/Infrastructure or...

In 2018, Congress passed the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the Committee on Foreign Investment in the United States (CFIUS). CFIUS is chaired by the Secretary of the Treasury and is...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: CFIUS and FIRRMA: What You Need to Know

In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more

WilmerHale

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

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In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more

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