News & Analysis as of

Notice of Proposed Rulemaking (NOPR) U.S. Treasury

Dechert LLP

Treasury Issues Final Investment Advisers AML/CFT Program Rule

Dechert LLP on

Treasury issued a final rule requiring certain investment advisers to establish an AML/CFT Program and file certain reports, such as Suspicious Activity Reports (SARs), with FinCEN (Final Rule). The Final Rule applies to...more

Troutman Pepper

Following FinCEN’s Lead, Four Federal Banking Regulators Announce AML/CFT Rulemaking

Troutman Pepper on

As discussed here, on June 28, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed significant amendments to the anti-money laundering and countering the financing of terrorism...more

Sheppard Mullin Richter & Hampton LLP

Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions

As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions....more

White & Case LLP

Proposed Regulations Issued for Outbound Investment Program: Key Takeaways

White & Case LLP on

On June 21, 2024, the US Department of the Treasury issued a Notice of Proposed Rulemaking (“Proposed Rule”) to implement Executive Order 14105 (“EO”) establishing a new Outbound Investment Program ("OIP") to prohibit or...more

Harris Beach PLLC

Rule Would Subject More Real Estate Transactions to Review

Harris Beach PLLC on

On July 8, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking that would expand the geographical areas in which real estate transactions would be subject to Committee on Foreign Investment in the...more

King & Spalding

Department of Treasury Issues Proposed Rule Expanding CFIUS Real Estate Jurisdiction

King & Spalding on

The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations. On July 8, 2024, the U.S. Department of the Treasury...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Treasury Department Issues Proposed Rulemaking for Forthcoming Outbound Investment Program

The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more

Dechert LLP

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

Dechert LLP on

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

King & Spalding

Department of Treasury Issues Proposed Rule Covering Outbound Investments

King & Spalding on

Regulations ultimately will implement a new program restricting certain investments related to China- On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more

DarrowEverett LLP

IRS Targeting Partnership Basis-Shifting Transaction Schemes

DarrowEverett LLP on

The Internal Revenue Service (“IRS,” or the “Service”) issued guidance on June 17, proposing new regulations and releasing a revenue ruling to challenge the use of basis-shifting transactions by complex partnerships. In...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Issues Proposed Regulations Prohibiting Certain US Investment in Chinese Technology Companies

The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more

Dechert LLP

Finally, An Update on Outbound Investment

Dechert LLP on

Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Wilson Sonsini Goodrich & Rosati

Proposed "Outbound Investment" Regulations Target Transactions Involving PRC Semiconductor, Quantum, and AI Businesses

New Regulations Will Require Additional Diligence for a Broad Array of Transactions, Including Many Investments in U.S. and Global Businesses - On June 21, 2024, the U.S. Treasury Department (Treasury) issued a Notice of...more

Bradley Arant Boult Cummings LLP

Inflation Reduction Act Prevailing Wage and Apprenticeship Compliance: Treasury and IRS Issue Final Rule

On June 18, 2024, Treasury and the IRS released the final rule for compliance with the prevailing wage and apprenticeship requirements (PWA requirements) pursuant to the Inflation Reduction Act of 2022 (IRA). This final rule...more

ArentFox Schiff

SEC and FinCEN Propose New Rule: Mandatory Customer Verification for Investment Advisers in 2024

ArentFox Schiff on

On May 13, the US Securities and Exchange Commission (SEC) and the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) jointly released a notice of proposed rulemaking (NPRM) which, if...more

Cadwalader, Wickersham & Taft LLP

Treasury Proposes Enhancing CFIUS Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury announced a notice of proposed rulemaking that would expand the enforcement authority of the Committee on Foreign Investment in the United States (“CFIUS” or the...more

Ballard Spahr LLP

Treasury and IRS Propose Clean Electricity Investment Guidance

Ballard Spahr LLP on

The Treasury Department and IRS on Wednesday issued an eagerly awaited notice of proposed rulemaking to incentivize clean energy facilities: the “clean electricity production credit”—Section 45Y credit—and “clean electricity...more

Eversheds Sutherland (US) LLP

FinCEN and SEC propose Customer Identification Program requirements for investment advisers

Earlier this month, the Financial Crimes Enforcement Network (FinCEN) continued its efforts to require registered investment advisers (RIAs) and exempt reporting advisers (ERAs) to take steps to prevent the laundering of...more

Akin Gump Strauss Hauer & Feld LLP

SEC and FinCEN Propose Customer Identification Program Requirements for Certain Investment Advisers

In February 2024, the U.S. Department of the Treasury issued its 2024 Investment Adviser Risk Assessment, which explains that there are “several illicit finance threats involving investment advisers,” including that...more

Holland & Knight LLP

Treasury Department Issues Proposed Rule to Enhance CFIUS Procedures, Enforcement Authorities

Holland & Knight LLP on

Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess...more

Dechert LLP

CFIUS’ Proposed Rules Enhance its Enforcement Authority

Dechert LLP on

The U.S. Department of Treasury (“Treasury”), which is Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a Notice of Proposed Rulemaking on April 11, 2024 (“NPRM”) meant...more

Dechert LLP

Treasury Proposes Investment Advisers AML/CFT Program Rule

Dechert LLP on

Treasury proposed a new rule that would require investment advisers to establish an AML/CFT program and file certain reports, such as Suspicious Activity Reports (SARs), with FinCEN (Proposed Rule). The Proposed Rule...more

ArentFox Schiff

Investment Advisers To Be Subject to Strengthened AML Regulations Under FinCEN’s Proposed Rule

ArentFox Schiff on

On February 13, the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM) which, if adopted, would sweep Security and Exchange Commission-Registered...more

Proskauer - Tax Talks

Recent Updates from the IRS and Treasury on the Superfund Chemical Tax

Proskauer - Tax Talks on

I. Executive Summary - On February 15, 2024, the IRS and Treasury issued a supplemental notice to a prior notice from December 2022, to correct a petition requesting that the Superfund Chemical Tax apply to polyphenylene...more

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