News & Analysis as of

National Security Committee on Foreign Investment in the United States

Sheppard Mullin Richter & Hampton LLP

At Long Last, Final Rule for Outbound Investment Regulations Published

On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations. The rule arrives a little over a year after Executive Order 14105,...more

Parker Poe Adams & Bernstein LLP

How Overseas Investors Can Navigate Broad Reach of Federal Government's CFIUS Real Estate Reviews in the Carolinas

There are more than 500 miles that separate the western, more mountainous region of North Carolina from the U.S. state’s eastern shorelines. It’s an expansive area that, depending on traffic, can take close to 9 hours to...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Continues to Expand Its Authority and Increase Enforcement Activity

The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...more

Wiley Rein LLP

DOJ and CISA Propose New National Security Program to Regulate Foreign Access to Sensitive Data

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On October 21, 2024, the U.S. Department of Justice (Department or DOJ) and the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) issued proposals – required by the...more

Katten Muchin Rosenman LLP

Foreign Investment and National Security: Navigating Heightened Scrutiny of US, EU and UK Cross-Border Deals

As geopolitical tensions ratchet higher across the globe – fueled by the ongoing conflict in Ukraine, turbulent relations between China, the United States (US), and Europe, escalating conflict in the Middle East, and...more

Lowenstein Sandler LLP

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

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The U.S. Commerce Department is soliciting comments on a proposed rule to prohibit importing and selling Vehicle Connectivity System hardware and software designed, developed, manufactured, or supplied by persons owned by,...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

Cooley LLP

As CFIUS Announces Significant Penalties, Companies and Investors Confront a Shift in CFIUS Filing Cost-Benefit Dynamics

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On the heels of releasing its 2023 Annual Report to Congress, the Committee on Foreign Investment in the United States (CFIUS) publicly announced six new penalties on parties that failed to comply with CFIUS requirements in...more

A&O Shearman

CFIUS Update: 2023 Report to Congress and new enforcement website

A&O Shearman on

The Committee on Foreign Investment in the United States (CFIUS) continues to play an increasingly active role in reviewing and assessing inbound investment transactions for U.S. national security risks. In this alert, we...more

Morgan Lewis

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

Morgan Lewis on

With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...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

Morrison & Foerster LLP

OFAC Extends Recordkeeping Requirements from Five to 10 Years; Issues Paperwork Reduction Act Request for Comments

On September 11, 2024, OFAC announced its Interim Final Rule to Extend Recordkeeping Requirements from Five to 10 Years. The Interim Final Rule (IFR) was published in the Federal Register on September 13, 2024. Public...more

Kennedys

Treasury “significantly expands” CFIUS jurisdiction over covered real estate transactions

Kennedys on

On July 8, 2024, the United States Department of the Treasury’s Office of Investment Security issued a Notice of Proposed Rulemaking (“NPRM”) that proposed to expand the geographic reach in which the Committee on Foreign...more

Wiley Rein LLP

FCC Announces Effective Date of New Filing Requirements for Domestic Section 214 Transfer of Control Applications

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Wednesday, the Federal Communications Commission (FCC or Commission) announced September 11, 2024 as the effective date of two rules initially adopted in the agency’s Team Telecom Process Reform Report and Order....more

Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

HaystackID

Biden Poised to Block Nippon Steel’s Acquisition of U.S. Steel, Citing National Security Concerns

HaystackID on

President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more

Skadden, Arps, Slate, Meagher & Flom LLP

Are Fintechs Prepared for More Regulatory Scrutiny? Questions Fintech Boards Will Want To Ask

The 2024 elections may usher in laws and regulations that impact fintechs, making it important for management to identify the areas that present the greatest challenges and opportunities....more

Dechert LLP

Read All About It: CFIUS Publishes Enforcement Information

Dechert LLP on

After over a year of preview, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has finally published information on its most recent enforcement actions. The actions were announced on...more

Hogan Lovells

Fewer filings and greater attention to enforcement mark the CFIUS CY2023 report to Congress

Hogan Lovells on

The Committee on Foreign Investment in the United States has released its Annual Report to Congress, noting a marked reduction in filings in 2023 but also growing and refined mitigation measures and increased attention to...more

Holland & Knight LLP

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

Holland & Knight LLP on

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

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

Hogan Lovells

Remaining Team Telecom rules—including standard questions—now in effect at the FCC

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At long last, on August 23, 2024, the FCC’s Office of International Affairs announced that major elements of its 2020-2021 changes to the Team Telecom review process for applications involving foreign ownership have gone into...more

Jones Day

CFIUS Annual Report Touts an Increase in Penalties and Efficiency in Transaction Reviews

Jones Day on

While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more

Mayer Brown

CFIUS Announces $60 Million Penalty and Debuts New Enforcement Website

Mayer Brown on

On August 14, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) announced a $60 million penalty, “the largest penalty CFIUS has ever issued,” following its finding of material violations...more

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