On February 21, 2025, President Trump issued the America First Investment Policy Memorandum, which emphasizes the U.S. commitment to a strong, open investment environment while reshaping the U.S. government’s policy towards...more
On January 16, 2025, the Bureau of Industry and Security (BIS) published the Final Rule, prohibiting the import of “vehicle connectivity system” (VCS) hardware (including connected vehicles integrating that hardware) and the...more
2/14/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
Final Rules ,
NPRM ,
Russia ,
Supply Chain ,
Trade Policy ,
U.S. Commerce Department
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
2/14/2025
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Compliance ,
Cross-Border ,
Enforcement Actions ,
Foreign Investment ,
Investors ,
National Security ,
Private Equity ,
Semiconductors ,
Technology ,
Technology Sector ,
U.S. Treasury
On November 15, 2024, the U.S. Department of the Treasury published the final rule implementing President Biden’s August 9, 2023 Executive Order on outbound investment, which addresses concerns related to China’s advancement...more
11/25/2024
/ Artificial Intelligence ,
China ,
Compliance ,
Debt Financing ,
Derivatives ,
Export Controls ,
Final Rules ,
Investment ,
Investors ,
Limited Partnerships ,
Notice of Proposed Rulemaking (NOPR) ,
Passive Investments ,
Popular ,
Semiconductors ,
Technology Sector ,
Venture Capital
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
11/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biometric Information ,
CFIUS ,
China ,
Department of Justice (DOJ) ,
Due Diligence ,
Geolocation ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Penalties ,
Proposed Rules ,
Recordkeeping Requirements ,
Russia ,
Sensitive Personal Information ,
Telecommunications
On September 26, 2024, the Office of Information Communications Technology Services (OICTS) within the Bureau of Industry and Security of the U.S. Department of Commerce published a long-awaited proposed rule to regulate the...more
The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more
7/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Debt Financing ,
Economic Sanctions ,
Export Controls ,
Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
SDN List ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more
3/12/2024
/ Antitrust Provisions ,
Carbon Capture and Sequestration ,
CFIUS ,
China ,
Corporate Transparency Act ,
Divestiture ,
Domestic Dealmaking ,
Drug Pricing ,
Energy Sector ,
Foreign Direct Investment ,
Foreign Investment ,
Greenhouse Gas Emissions ,
Healthcare ,
Investment ,
Life Sciences ,
Liquidity ,
Mergers ,
Non-Compete Agreements ,
Prescription Drugs ,
Private Equity ,
Private Equity Firms ,
Renewable Energy ,
Reporting Requirements ,
UK ,
Unions ,
Venture Capital
On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Foreign Adversaries ,
National Security ,
Satellites ,
Software ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
Key Points -
On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more
The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more
On May 5, 2023, the Department of the Treasury issued a notice of proposed rulemaking to add eight military installations to the list of sites around which CFIUS has jurisdiction to review real estate transactions. This is...more
Key Points -
According to CFIUS’s recently-released Annual Report for 2021, the total number of CFIUS filings increased significantly year-on-year, with transactions involving Chinese investors more than doubling compared...more
On June 3, 2021, President Biden issued Executive Order 14032 (Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China) (“CMIC EO”) that modifies the Trump-era...more
The U.S. government has recently imposed controls pertaining to “Communist Chinese Military Companies” (CCMCs or “1237 entities”); Chinese “Military End Users” (MEUs); and Chinese “Military-Intelligence End Users” (MIEUs)....more
Key Points
- On November 12, 2020, President Trump issued a new EO prohibiting U.S. persons from engaging in transactions in publicly traded securities of certain CCMCs, or any securities that are derivative of, or are...more
1/4/2021
/ China ,
Department of Defense (DOD) ,
Derivatives ,
Executive Orders ,
Financial Instruments ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Private Equity ,
Publicly-Traded Companies ,
SDN List ,
Trade Relations ,
Trump Administration ,
US Trade Policies
- On July 1, the Departments of Commerce, Homeland Security, State, and the Treasury issued a joint advisory on the “Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and...more
7/10/2020
/ China ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Federal Contractors ,
Financial Institutions ,
Forced Labor ,
Human Rights ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Supply Chain
In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more
12/13/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
ANTICORRUPTION DEVELOPMENTS -
Deputy Attorney General Rod Rosenstein Announces Pursuing Individuals Will be a “Top Priority” for Corporate Enforcement Actions -
On November 29, 2018, Deputy Attorney General Rod J....more
12/7/2018
/ Anti-Money Laundering ,
China ,
Corporate Misconduct ,
Corruption ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Guilty Pleas ,
Internal Controls ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
White Collar Crimes
ANTICORRUPTION DEVELOPMENTS -
Mega International Commercial Bank Co. Ltd. Fined $29 Million -
On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more
2/13/2018
/ Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Bank Fraud ,
Banks ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
Cease and Desist ,
CFIUS ,
China ,
Civil Monetary Penalty ,
Class Action ,
Criminal Conspiracy ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Currency ,
Economic Sanctions ,
Electronic Devices ,
EU ,
European Court of Justice (ECJ) ,
Exports ,
False Claims Act (FCA) ,
False Statements ,
Federal Civil Penalties Inflation Adjustment Act of 1990 ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Former Employee ,
Furniture Industry ,
Imports ,
Intercompany Transactions ,
International Banks ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Mail Fraud ,
NAFTA ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
SDN List ,
Search & Seizure ,
Section 201 ,
Section 232 ,
Section 301 ,
Shareholders ,
Sovereign Debt ,
Trans-Pacific Partnership ,
Transfer Pricing ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vendors ,
Venezuela ,
Wire Fraud ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Mega International Commercial Bank Co. Ltd. Fined $29 Million -
On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more
2/13/2018
/ Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Bank Fraud ,
Banks ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
Cease and Desist Orders ,
CFIUS ,
China ,
Civil Monetary Penalty ,
Class Action ,
Criminal Conspiracy ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Currency ,
Economic Sanctions ,
Electronic Devices ,
EU ,
European Court of Justice (ECJ) ,
Exports ,
False Claims Act (FCA) ,
False Statements ,
Federal Civil Penalties Inflation Adjustment Act of 1990 ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Former Employee ,
Furniture Industry ,
Imports ,
Intercompany Transactions ,
International Banks ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Mail Fraud ,
NAFTA ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
SDN List ,
Search & Seizure ,
Section 201 ,
Section 232 ,
Section 301 ,
Shareholders ,
Sovereign Debt ,
Trans-Pacific Partnership ,
Transfer Pricing ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vendors ,
Venezuela ,
Wire Fraud ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Mega International Commercial Bank Co. Ltd. Fined $29 Million -
On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd....more
2/5/2018
/ Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Bank Fraud ,
Banks ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
Cease and Desist Orders ,
CFIUS ,
China ,
Civil Monetary Penalty ,
Class Action ,
Criminal Conspiracy ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Currency ,
Economic Sanctions ,
Electronic Devices ,
EU ,
European Court of Justice (ECJ) ,
Exports ,
False Claims Act (FCA) ,
False Statements ,
Federal Civil Penalties Inflation Adjustment Act of 1990 ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Former Employee ,
Furniture Industry ,
Imports ,
Intercompany Transactions ,
International Banks ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Mail Fraud ,
NAFTA ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
SDN List ,
Search & Seizure ,
Section 201 ,
Section 232 ,
Section 301 ,
Shareholders ,
Sovereign Debt ,
Trans-Pacific Partnership ,
Transfer Pricing ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vendors ,
Venezuela ,
Wire Fraud ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more
10/10/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more
10/10/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical...more
10/4/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers