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National Security Notice Requirements

Foley & Lardner LLP

What Every Multinational Company Should Know About … International Mergers & Acquisitions (Part 2 of 4): Understanding the CFIUS...

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CFIUS is an interagency committee that evaluates the national security implications of foreign investments on the U.S. economy and infrastructure. CFIUS possesses statutory authority to “make an investigation to determine the...more

Dechert LLP

Highlights from the CFIUS Annual Report

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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

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Morrison & Foerster LLP

Government Consults on Potential Changes to the UK’s Investment Screening Regime

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On 13 November 2023, the UK government launched a Call for Evidence in relation to the operation of the UK National Security and Investment Act 2021 (the ‘NSIA’), inviting interested stakeholders to provide feedback on the...more

A&O Shearman

Treasury Proposes New Regulatory Regime For Certain Outbound Investments

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After over a year of anticipation, on August 9, 2023, President Biden issued an Executive Order (“EO”) outlining a new regulatory regime for outbound investments from the United States. The EO targets certain U.S. investments...more

White & Case LLP

President Biden Orders Establishment of New Program to Restrict US Outbound Investment in Certain Tech Sectors in China

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On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more

Jenner & Block

Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

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On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the...more

Goodwin

Charlie Brown Finally Kicks the Football: US Outbound Investment Program Will Target China’s Semiconductor, Quantum Computing, and...

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After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more

Dorsey & Whitney LLP

Executive Order 14105 on Outbound Investment in China and Proposed Rule

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On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more

Holland & Knight LLP

Long-Awaited Executive Order Targets U.S. Outbound Investment in China

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The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more

Torres Trade Law, PLLC

President Biden Issues Executive Order Addressing Outbound Investments

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On August 9, 2023, President Biden issued an Executive Order (“E.O.”) on outbound investment regulation. This long-anticipated action marks the first time the U.S. government has sought to regulate investments made abroad by...more

Bracewell LLP

The UK National Security and Investment Act: Key Implications for the Energy Sector

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The UK’s National Security and Investment Act 2021 (the “Act”) entered into force on 4 January 2022, introducing a new investment control regime for acquisitions in the UK, with the aim of protecting the UK’s national...more

Latham & Watkins LLP

Transaction Prohibition and New Guidance - Updates From the UK National Security Regime

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The Department of Business, Energy and Industrial Strategy also issued its annual report and further guidance that could help stakeholders navigate the new National Security and Investment Act 2021. First Prohibition...more

Dorsey & Whitney LLP

CFIUS Annual Report - A Banner Year for Filings and Inquiries to Parties of Non-Notified Transactions

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The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more

Latham & Watkins LLP

Ready for a “Reverse” CFIUS? Four Takeaways From New Bipartisan Bill

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If enacted, the bill would establish an interagency committee in the US to review certain outbound investment and other activity affecting supply chain security, domestic production, and manufacturing capacities. Key...more

BCLP

BEIS issues anticipated National Security & Investment Act market guidance notes

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Following on from its first annual report on the National Security and Investment Act (“NSIA”) in June 2022 ), on 19 July 2022 the UK’s Department for Business, Energy & Industrial Strategy (“BEIS”) published its first set of...more

A&O Shearman

Implications of the National Security & Investment Act 2021 for distressed deals

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The National Security and Investment Act 2021 (the Act) came into force on 4 January 2022 and is expected to have significant consequences in the distressed environment, particularly in relation to the enforcement of security...more

Dorsey & Whitney LLP

The UK National Security and Investment Act 2021: A New Regime For Acquisition and Investment Transactions: Update

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There have been a number of key developments in the evolution of the UK’s national security regime since our e-bulletin earlier this year (UK to Adopt New Powers Over M&A Activity To Protect National Security). First and...more

Latham & Watkins LLP

Biden’s Cyber Executive Order: How It Could Impact Your Business

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President Biden signed an executive order to bolster the federal government’s cybersecurity posture on May 12. The order focuses on implementing vital improvements to networks of federal departments and agencies, many of...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

BCLP

UK National Security & Investment Bill - the Potential Ramifications for Insolvency Practitioners

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The new National Security and Investment Bill, which aims to provide the Government with the necessary powers to scrutinise and intervene in business transactions to protect national security, will introduce a mandatory...more

BCLP

Highly impactful - UK National Security & Investment Bill introduces mandatory Government review of a wide range of transactions

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On 11 November, the UK Government introduced to Parliament the long-awaited National Security and Investment Bill. The Bill, which is expected to be enacted in Spring 2021, is a transformative event for investors in UK...more

Dechert LLP

Implementing FIRRMA: CFIUS Proposes Filing Fees for Transaction Notices 

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On March 4, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a proposed rule to establish for the first time filing fees for CFIUS...more

Skadden, Arps, Slate, Meagher & Flom LLP

As Shareholder Activism Grows in Japan, New Amendment Places Limits on Foreign Investors

Investors in Japanese-listed companies have traditionally taken a passive approach to their investments, in part because Japanese business culture have long held an unfavorable view toward investors making demands or voicing...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Japan

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Japan expanded the scope of industries subject to prior notification for Inward Direct Investment in 2019 - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of Finance (MOF) and the relevant...more

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