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The Fedtrade® Podcast recently interviewed Jeffrey Smith, Chief Operating Officer at Factum Global, as part of our SelectUSA Investment Summit Spotlight series. Factum Global is an international consulting firm that...more
As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more
In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more
On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more
Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now....more
美国财政部和商务部近期分别发布经国会授权的报告，其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称，白宫将在较短时间内——或许就在几周内——签发一项行政命令，以建立该项新制度。拜登政府近期向国会提交的报告表明，该制度将由美国财政部实施并管理，重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而，报告并未明确该制度的确切范围和性质，包括哪些投资者及哪些外国技术领域将受到影响....more
Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden...more
The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more
• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more
Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more
As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more
• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more
Congress has continued its 57-year tradition of passing an annual defense authorization bill with the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 finalized by Congress on August 1 and signed...more
After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more
New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review. Key Points: ..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more
Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the President signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more
CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more
The Department of Commerce, Bureau of Economic Analysis ("BEA") is currently administering a BE-120 survey, which is an updated version of the BE-120 required in 2011. This time, however, if you are a U.S. person or entity,...more
It has been at least a decade since the Committee on Foreign Investment in the United States (CFIUS) was the subject of as much focus, change, and consequence as it was in 2017. ...more