President Donald Trump on Feb. 21, 2025, issued a National Security Presidential Memorandum (NSPM) titled "America First Investment Policy," outlining the administration's priorities regarding inbound and outbound...more
2/28/2025
/ America First Trade Policy ,
Artificial Intelligence ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Investment ,
National Security ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
In the 17th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by Antonia Tzinova, the head of Holland & Knight's Committee on Foreign Investment in the United States (CFIUS) and...more
President Joe Biden on Jan. 3, 2025, issued a blocking order (the Order) addressing the proposed acquisition of United States Steel Corporation (U.S. Steel) by Nippon Steel Corporation (Nippon Steel), Japan's largest...more
1/21/2025
/ Acquisitions ,
Biden Administration ,
Blocking Power ,
CFIUS ,
Competition ,
Department of Justice (DOJ) ,
Foreign Investment ,
Mergers ,
National Security ,
Pending Litigation ,
Unions
The Committee on Foreign Investment in the United States (CFIUS or Committee) on Aug. 14, 2024, announced its largest-ever enforcement action and launched a new section of its website dedicated to enforcement. In addition to...more
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
8/29/2024
/ Amended Rules ,
Artificial Intelligence ,
Australia ,
CFIUS ,
Comment Period ,
Cybersecurity ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Innovative Technology ,
Interim Final Rules (IFR) ,
ITAR ,
Military Goods ,
National Security ,
Proposed Rules ,
U.S. Commerce Department ,
UK ,
US State Departments
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
5/13/2024
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Proposed Amendments ,
Proposed Rules ,
Request For Information ,
U.S. Treasury
The U.S. Government Accountability Office (GAO) published a report on Jan. 18, 2024, evaluating foreign investment in U.S. agricultural land. The report found that foreign investment in U.S. agricultural land grew to over 40...more
In the latest episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey engages in an insightful conversation with Antonia Tzinova, leader of Holland & Knight's CFIUS and Industrial Security Team....more
The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more
5/18/2023
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Property ,
National Guard ,
National Security ,
Proposed Rules ,
Real Estate Investments ,
US Air Force
Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...more
Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
1/6/2023
/ Australia ,
Batteries ,
Biden Administration ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Defense Sector ,
Electric Vehicles ,
Electricity ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Rights ,
Minerals ,
Mining ,
National Security ,
Popular ,
Rare Earth Metals ,
Semiconductors ,
Supply Chain ,
Wind Power
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
The Committee on Foreign Investment in the United States (CFIUS) released the first-ever CFIUS Enforcement and Penalty Guidelines (Guidelines) on Oct. 20, 2022, providing the public a roadmap describing three categories of...more
President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more
9/20/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
OSTP ,
Personally Identifiable Information ,
Popular ,
Supply Chain
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more
8/24/2022
/ CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
International Trade ,
National Security
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
7/6/2022
/ Big Data ,
CFIUS ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Investment ,
National Intelligence Agencies ,
National Security ,
Risk Mitigation ,
U.S. Commerce Department ,
U.S. Treasury
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on May 23, 2022, published in the Federal Register a proposed rule that would place unilateral export controls on four naturally occurring marine toxins...more
In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more
5/24/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
China ,
Export Controls ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Semiconductors ,
State-Owned Enterprises ,
UK
For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more
1/19/2022
/ Acquisitions ,
BEIS ,
CFIUS ,
Critical Infrastructure Sectors ,
Enterprise Act 2002 ,
Filing Requirements ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Intellectual Property Protection ,
National Security ,
UK ,
Voting Rights
During the first week of January, the Committee on Foreign Investment in the United States (CFIUS), chaired by the U.S. Department of the Treasury (Treasury), published a series of rules and notices regarding the definitions...more
1/7/2022
/ Australia ,
Canada ,
CFIUS ,
Defense Production Act ,
Excepted Investors ,
Final Rules ,
Foreign Acquisitions ,
Foreign Investment ,
New Zealand ,
Time Extensions ,
UK
The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more
6/14/2021
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Mobile Apps ,
National Security ,
Personal Data ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
Effective May 1, 2020, the Committee on Foreign Investment in the United States (CFIUS) will begin assessing filing fees on voluntary written notices filed under 31 C.F.R. Parts 800 and 802.1 The rule impacts investors in a...more