News & Analysis as of

National Security Real Estate Investments

Arnall Golden Gregory LLP

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury...more

Jones Day

Treasury Proposes Expansion of CFIUS Real Estate Review Authority

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On July 8, 2024, the U.S. Department of the Treasury ("Treasury") issued a proposed rule to expand the Committee on Foreign Investment in the United States' ("CFIUS") jurisdiction over certain categories of foreign investment...more

Akerman LLP

Treasury Proposes Expansion of CFIUS Real Estate Jurisdiction

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On July 19, 2024, the U.S. Department of the Treasury (Treasury) published a Notice of Proposed Rulemaking (NPRM) that seeks to expand the Committee on Foreign Investment in the United States’ (CFIUS) jurisdiction over real...more

Dechert LLP

New Proposed Rule Highlights Recent National Security-Related Scrutiny of Foreign Investment in Real Estate

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The U.S. Department of the Treasury (“Treasury”), the Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), has released a Notice of Proposed Rulemaking (“NPRM”) to expand CFIUS’...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Proposes Expanded Real Estate Jurisdiction

On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...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

Biden Administration Unwinds Chinese Real Estate Investment Near Military Base

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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

Oberheiden P.C.

CFIUS Compliance Tips for 2024

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews foreign investments in U.S. businesses and real estate assets. The primary purpose of a CFIUS review is to examine any...more

Womble Bond Dickinson

2023 Foreign Direct Investment Year End Update: Continued Expansion of FDI Regulations

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As previously reported, regulations and restrictions on Foreign Direct Investment (“FDI”) have expanded quickly in the United States and in many of its trading partner countries around the world. FDI has been further...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

Lowndes

The Real Estate Impact of FinCEN's Beneficial Ownership Reporting: Are You Prepared?

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In a move heralded as a significant step toward transparency, the Financial Crimes Enforcement Network (FinCEN) has adopted its final Beneficial Ownership Information (BOI) Reporting Rule pursuant to the Corporate...more

Bilzin Sumberg

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

Bilzin Sumberg on

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

Wiley Rein LLP

CFIUS Releases 2022 Annual Report as Congress Considers Expanding CFIUS Jurisdiction

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more

Bilzin Sumberg

Scrutinized Companies and Other Restrictions in Florida’s Public Procurement Space

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In a recent post, we examined the practical impact of SB 264 (Chapter No. 2023-33, Laws of Florida) on foreign investment in Florida. The new law, which took effect on July 1, 2023, among other things, restricts certain...more

Bilzin Sumberg

Enter the Fray: Florida Restricts Certain Foreign Ownership of Real Property

Bilzin Sumberg on

Lawsuit Against Florida Law Restricting Certain Foreign Ownership of Real Property Set for Hearing This Week, DOJ Supports but 12 States Oppose - On July 1, 2023, SB 264 (Chapter No. 2023-33, Laws of Florida) took effect....more

Bilzin Sumberg

2023 Florida Legislation On Real Estate Deeds

Bilzin Sumberg on

The Florida Legislature passed numerous bills primarily affecting real estate in the 2023 session. Most notably may be SB 15, the so-called SB 4-D Glitch Bill that deals with inspections and reserves for condominiums. This...more

Haynsworth Sinkler Boyd, P.A.

What does the new CFIUS proposed rule mean for foreign investment?

Last month, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed rule that could restrict foreign investment in real estate located near certain military bases. As background, CFIUS is made up...more

Womble Bond Dickinson

Non-U.S. Citizens and Foreign Adversaries: Proposed South Carolina Legislation With Potential to Significantly Impact Foreign...

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A bill pending in the South Carolina House of Representatives proposes to significantly restrict land ownership in the state by certain foreign citizens or companies controlled by nations deemed adverse to U.S. security...more

Cadwalader, Wickersham & Taft LLP

National Security and Investment Act 2021, Part 2 – Notification and Intervention Provisions

In this month’s edition of REF News and Views we are going to continue our series on the National Security and Investment Act 2021 (the “NSI Act”) and discuss its notification and intervention provisions....more

Lowndes

The Changing Rules of Real Estate: How SB264 Affects Foreign Purchasers and Owners of Real Estate in Florida

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Foreign purchasers and owners of real estate in Florida need to be aware of SB264. This law, which was recently signed by Governor Ron DeSantis, has important implications for foreign nationals who want to invest in Florida...more

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

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The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more

Womble Bond Dickinson

Expanding Federal and State Restrictions on Foreign Investment in U.S. Real Estate

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With significant press coverage, Florida Gov. Ron DeSantis recently announced that the state would limit the ability of certain non-U.S. persons, businesses, and governments from acquiring agricultural land in Florida....more

Morrison & Foerster LLP

CFIUS Proposes to Expand Its Jurisdiction After High-Profile Real Estate Purchases

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

Hogan Lovells

CFIUS Finalizes Inclusion of New Zealand and United Kingdom as “Excepted Foreign States”

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On February 10, 2023, the Committee on Foreign Investment in the United States determined that New Zealand and the United Kingdom have satisfied the excepted foreign state determination requirements....more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

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Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

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