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Technology Committee on Foreign Investment in the United States National Security

Husch Blackwell LLP

Real Estate Transactions Come Under Increased National Security Scrutiny

Husch Blackwell LLP on

As geopolitical tensions rise and the post-Cold War global order continues to fray, national security has experienced a renewed policymaking focus. The most prominent areas in this regard have been critical technology...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Cross-border Investment Review and New Restrictions

Navigating the complex landscape of foreign investment review is crucial for private equity (PE) firms operating in an international landscape. The Committee on Foreign Investment in the United States (CFIUS) continues to be...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

Perkins Coie

Treasury’s Final Rule on Outbound Investments Takes Effect January 2

Perkins Coie on

On January 2, 2025, the U.S. Department of the Treasury’s (Treasury) regulation restricting U.S. outbound investments in certain advanced technology sectors in China (the Final Rule) takes effect. Thereafter, investments by...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Treasury Creates the ‘Reverse CFIUS’ Program, a (Limited) Great Wall on Outbound Investment

The Department of the Treasury (Treasury) has released a final rule imposing restrictions on U.S. outbound investment in Chinese companies active in developing certain national security technologies (Final Outbound Rule)....more

Wilson Sonsini Goodrich & Rosati

An Early Holiday Wish . . . for a More Informative CFIUS Annual Report

As the air turns crisp, many of us above the equator will begin to think of the winter holidays. A subset of these people will think about holiday wish-lists. And the thoughts of nearly all of that subset, or at least the...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - September 19, 2024

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The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more

Levenfeld Pearlstein, LLC

CFIUS Is Not a Flu Strain: When Commercial Real Estate Transactions May Require Additional Regulatory Review

The Committee on Foreign Investment in the US (CFIUS) is an interagency organization that identifies commercial transactions that raise US national security considerations when there is significant foreign ownership of US...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

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

Lowenstein Sandler LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

Womble Bond Dickinson

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

Womble Bond Dickinson on

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Sheppard Mullin Richter & Hampton LLP

Will We Ring in the New Year with Outbound Investment Restrictions?

As we close out a wild year for international trade regulation, after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops...more

White & Case LLP

Biden Issues First-Ever Presidential Directive Defining National Security Factors for CFIUS to Consider in Evaluating Transactions

White & Case LLP on

On September 15, President Biden signed an Executive Order (the "EO") identifying national security risks that the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") must consider when reviewing...more

Sheppard Mullin Richter & Hampton LLP

First-Ever Executive Order on CFIUS Highlights Biden’s National Security Priorities

On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal...more

Wiley Rein LLP

New Executive Order Directs CFIUS to Consider Additional National Security Factors in Evaluating Covered Transactions

Wiley Rein LLP on

On September 15, 2022, President Biden signed an executive order (EO) that reaffirms longstanding U.S. open investment policy and elaborates and expands on the existing list of statutory factors that the Committee on Foreign...more

Dorsey & Whitney LLP

U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

Dorsey & Whitney LLP on

On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more

Morrison & Foerster LLP

CFIUS By The Numbers: Key Takeaways From The 2020 Annual Report

On July 26, 2021, the Committee on Foreign Investment in the United States (CFIUS) released its unclassified Annual Report to Congress for the 2020 calendar year. The Annual Report provides statistics and insights into the...more

Sheppard Mullin Richter & Hampton LLP

Open Research, Foreign Finance, and a University’s Mission

This past month, the U.S. Senate debated a provision in the Innovation and Competition Act that would require the Committee on Foreign Investment in the United States (CFIUS) to review any proposed gifts and contracts of $1...more

Lowenstein Sandler LLP

CFIUS Doesn’t Mean Chinese Companies Can’t Invest In The US

Despite heightened US-China trade tensions and the COVID-19 pandemic’s disruptive effects on the global economy, mergers and acquisitions continue. The US government’s Committee on Foreign Investment in the United States...more

Wilson Sonsini Goodrich & Rosati

2020 National Security Regulations Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present the National Security Regulations 2020 Year In Review. In the last several years, parties interacting with U.S. businesses—particularly U.S. businesses with novel...more

Lowenstein Sandler LLP

Hypersonics Race Raises National Security Concerns For U.S. Businesses

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U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Sheppard Mullin Richter & Hampton LLP

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more

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