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National Security Mandatory Declarations

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Proskauer - Regulatory & Compliance

CFIUS Developments Counsel Caution for In-bound U.S. Investment

With an eye towards preserving and expanding the gatekeeper role in national security, the Committee on Foreign Investment in the United States (CFIUS) has issued proposed rules to strengthen enforcement....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

Morrison & Foerster LLP

The Long and Winding Road: Key Points from the CFIUS Annual Report

In July 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2022. Although the Report’s data lags a bit, given we are eight...more

Lowenstein Sandler LLP

CFIUS: Most Common Questions Asked And Answered

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We are continuing to see strong interest in basic facts about CFIUS. One reason is increased CFIUS enforcement of its authorities. Another is news coverage of Chinese investment in U.S. critical technology and companies...more

Morgan Lewis

Final CFIUS Mandatory Declaration Rule Shifts Focus to Export Control Requirements

Morgan Lewis on

US businesses that manufacture or are involved with critical technologies should consider whether they need an export license under the final CFIUS mandatory declaration requirements, effective October 15, 2020....more

White & Case LLP

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

White & Case LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...more

Dorsey & Whitney LLP

CFIUS Expands Foreign Investments Subject to Scrutiny with Significant Carve-out for Canadian, Australian and U.K. Investors

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On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject...more

Wilson Sonsini Goodrich & Rosati

What Technology Businesses and Investors Should Know About the New CFIUS Rules

A Summary and a Business Decision-Maker's Chart for the Path Forward - On January 13, 2020, the U.S. Department of the Treasury issued final rules fully implementing the new powers granted to the Committee on Foreign...more

White & Case LLP

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

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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

Jones Day

Staying Out of the Penalty Box – A Reminder Regarding the CFIUS Pilot Program

Jones Day on

The Situation: Certain controlling and non-controlling investments by foreign persons in the United States require a mandatory notification to the Committee on Foreign Investment in the United States ("CFIUS"). 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

Bass, Berry & Sims PLC

CFIUS Pilot Program Creates New Obligations and Challenges

Bass, Berry & Sims PLC on

• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more

Skadden, Arps, Slate, Meagher & Flom LLP

Governance Implications of CFIUS Reform for US Investment Funds With Foreign Investors

In August 2018, President Donald Trump signed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly reformed national security reviews by the Committee on Foreign Investment in the United...more

Perkins Coie

CFIUS Launches FIRRMA Pilot Program—Mandatory Filings for Foreign Investment in U.S. Critical Technologies

Perkins Coie on

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) became law on August 13, 2018. Under FIRRMA, the Committee of Foreign Investment in the United States (CFIUS) is authorized to conduct pilot programs. On...more

Holland & Hart LLP

Treasury Issues New CFIUS Interim Rules

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On October 10, 2018, the U.S. Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued two interim rules to implement certain provisions of the...more

Jones Day

Anything to Declare? CFIUS to Mandate Declarations from "Critical Technology" Businesses Soon

Jones Day on

The Situation: On October 10, 2018, the U.S. Department of the Treasury ("Treasury") published an interim rule establishing a pilot program for the Committee on Foreign Investment in the United States ("CFIUS") that mandates...more

Dechert LLP

Treasury Department Releases Interim Rules and a Pilot Program Implementing Aspects of New Foreign Investment Reviews by CFIUS

Dechert LLP on

The U.S. Department of the Treasury (“Treasury”) published two sets of interim rules on October 10, 2018, implementing certain provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). In addition to...more

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