News & Analysis as of

Proposed Rules National Security Committee on Foreign Investment in the United States

Orrick, Herrington & Sutcliffe LLP

DOJ Seeks to Restrict Data Transfers to ‘Countries of Concern’

The Department of Justice (DOJ) has proposed a significant restriction on cross-border transfers of sensitive personal data to designated “countries of concern.” The goal is to address national security risks posed by...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Proposes Rules Prohibiting and Restricting Certain Data Transactions to Address National Security Concerns

The Department of Justice’s (DOJ) proposed rule implements President Biden’s Executive Order (EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of...more

Ropes & Gray LLP

DOJ Issues Notice of Proposed Rulemaking to Restrict Flow of Bulk Sensitive Personal Data to China and other Countries of Concern

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On October 29, 2024, the Department of Justice (“DOJ”) published its Notice of Proposed Rulemaking (“NPRM”) to implement President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data...more

Holland & Knight LLP

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

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The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more

Hogan Lovells

Proposed changes to real estate regulations would expand geographic reach of CFIUS jurisdiction

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On July 8, 2024, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States, announced a notice of proposed rulemaking addressing amendments to CFIUS’s...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

King & Spalding

Department of Treasury Issues Proposed Rule Covering Outbound Investments

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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

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Mintz - Antitrust Viewpoints

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments. The proposed rule seeks to “prevent countries of concern...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

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

Fenwick & West LLP on

Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...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

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

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Eversheds Sutherland (US) LLP

Treasury proposes expansion of CFIUS authorities

On April 11, 2024, the US Department of the Treasury issued, for notice and comment, proposed modifications (Proposed Rule) to certain Committee on Foreign Investment in the United States (CFIUS or Committee) regulations. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ Proposed Rule: More Questions, Tighter Time Frames and Higher Penalties

On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to...more

Blank Rome LLP

3 Highlights from CFIUS Proposed Rule: Enhanced Penalties, Expanded Information Requests, and Mandatory Response Times

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The U.S. Department of the Treasury (“Treasury”) recently issued a Notice of Proposed Rulemaking (“NPRM”) that would enhance and expand authorities of the Committee on Foreign Investment in the United States (“CFIUS” or “the...more

Torres Trade Law, PLLC

Less Bark and More Bite? CFIUS Proposed Rule Enhancing Enforcement Capabilities

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A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties, expand its ability to monitor and investigate...more

Akerman LLP

Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

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On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Proposes Expanded Enforcement Authorities and Increased Penalties

Key Points - On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS’s enforcement authorities....more

Latham & Watkins LLP

Treasury Proposes New CFIUS Regulations to Expand Monitoring and Enforcement Authorities: 5 Key Takeaways

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The proposal signals a continued effort to expand CFIUS’s enforcement scope and update penalties. On April 11, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (the Proposed Rule)...more

Kilpatrick

Executive Order and Draft Regulations Restrict U.S. Investments in China for the First Time

Kilpatrick on

The interplay of Chinese and United States investments has been one of particular interest and subject to significant legal changes in the last few years. Normally, reviews of inbound investments of Chinese capital into the...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

Latham & Watkins LLP

New CFIUS Developments Signal Heightened Attention on Enforcement: 4 Areas to Watch

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The recent developments signal a renewed vigor to protect US national security. This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more

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