Background -
CFIUS is an interagency committee, principally comprising nine members and chaired by the Secretary of the Treasury, which has broad powers to review foreign investments in and acquisitions of U.S. businesses...more
Key Takeaways -
Historically, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) did not provide country-wide exemptions from applicable regulations governing national security reviews...more
President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018. FIRRMA made several substantial changes to the CFIUS process and expanded the scope of the...more
9/22/2020
/ Amended Regulation ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exports ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Mandatory Declarations ,
NAICS ,
Non-US Entities ,
Technology Sector ,
Trump Administration
Key Takeaways -
- On July 31, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), published its Annual Report to Congress on all notices...more
8/7/2020
/ Annual Reports ,
CFIUS ,
China ,
Congressional Reports ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Global Dealmaking ,
Japan ,
National Security ,
National Security Review Proceedings
Key Takeaways -
On July 28, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released the final rule to establish filing fees for CFIUS...more
The U.S.-China trade war continues to escalate, most recently fueled by U.S. concerns over China’s assertion of increasing authority over Hong Kong. The U.S. and Chinese governments have exchanged jabs through the use of...more
7/17/2020
/ CFIUS ,
China ,
Criminal Prosecution ,
Economic Sanctions ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Free Speech ,
Free Trade Agreements ,
Freedom of the Press ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Human Rights ,
Open General Export Licences (OGELs) ,
Popular ,
Revocation ,
Right to Peaceful Assembly ,
SDN List ,
Section 301 ,
Tariffs ,
Technology Sector ,
Trade Act of 1974 ,
Trade Policy ,
Trade Wars ,
Travel Ban ,
Trump Administration ,
United States
Key Takeaways
- On May 19, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), published its Annual Report to Congress on all notices filed...more
President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018, which made several substantial changes to the CFIUS process and expanded the scope of the Committee’s...more
5/28/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
ITAR ,
Mandatory Declarations ,
NAICS ,
Proposed Rules ,
Public Comment ,
Substantial Interest Test ,
Technology Sector ,
Trump Administration
This Interim Rule follows the Proposed Rule on filing fees published by the Committee on March 9, 2020...The Interim Rule also implements one of the last remaining changes to the CFIUS process initiated by the Foreign...more
5/6/2020
/ CFIUS ,
Covered Transactions ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Interim Rule ,
Joint Venture ,
Minority Equity Investments ,
National Security ,
Threshold Requirements ,
Voluntary Transaction Notices
On March 4, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a proposed rule to establish for the first time filing fees for CFIUS...more
3/11/2020
/ CFIUS ,
Covered Real Estate Transactions ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Declaration ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Notice Requirements ,
Proposed Rules ,
U.S. Treasury
On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued a final set of regulations (“Real Estate Final Regulations”) to...more
1/18/2020
/ CFIUS ,
Commercial Leases ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Department of Transportation (DOT) ,
Excepted Investors ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Non U.S. Person ,
Ports ,
Property Owners ,
Real Estate Investments ,
Real Estate Transactions
On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), finalized two sets of regulations to implement the Foreign Investment Risk...more
1/18/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Excepted Investors ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Investment Funds ,
Jurisdiction ,
Mandatory Disclosure Rules ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Non-Controlling Interests ,
Principal Place of Business ,
Private Equity ,
Real Estate Transactions ,
U.S. Treasury
On January 15, 2020, U.S. President Trump and Chinese Vice Premier Liu He signed a Phase 1 trade deal between the countries. The agreement includes a pledge from China to increase its imports of U.S. goods and services by...more
1/17/2020
/ Agricultural Sector ,
Anti-Dumping Duty ,
CFIUS ,
China ,
Counterfeit Goods Regulation ,
Countervailing Duties ,
Dispute Resolution ,
Exports ,
Financial Services Industry ,
Foreign Direct Investment ,
Goods or Services ,
Imports ,
Intellectual Property Protection ,
Pharmaceutical Patents ,
Subsidies ,
Tariffs ,
Technology Transfer Agreements ,
Trade Agreements ,
Trade Negotiations ,
Trade Secrets ,
Trade Wars ,
Trademarks ,
Trump Administration ,
United States ,
WTO
On November 27, the U.S. Department of Commerce issued a proposed rule and request for comment relating to its implementation of the May 15, 2019 Executive Order (“EO”) 13873, “Securing the Information and Communications...more
12/2/2019
/ Blocking Statutes ,
CFIUS ,
Critical Infrastructure Sectors ,
Executive Orders ,
Export Control Reform Act (ECRA) ,
Foreign Acquisitions ,
Foreign Adversaries ,
Imports ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Secretary of Commerce ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued proposed regulations to expand its jurisdiction to cover certain transactions by...more
On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued two proposed regulations (“Proposed Regulations”) to further...more
9/26/2019
/ CFIUS ,
Exemptions ,
Federal Pilot Programs ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Non-Controlling Interests ,
Private Equity ,
Proposed Regulation ,
Real Estate Transactions ,
U.S. Treasury
The U.S. Government has instituted a major new initiative to regulate emerging technology, potentially including artificial intelligence, biotechnology, robotics, data analytics and many other types of emerging technology,...more
11/19/2018
/ Analytics ,
Artificial Intelligence ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Emerging Technology Companies ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
Foreign Investment ,
Multinationals ,
National Security ,
NDAA ,
Public Comment ,
Research and Development ,
Robotics ,
Trump Administration
The U.S. Department of the Treasury (“Treasury”) published two sets of interim rules on October 10, 2018, implementing certain provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). In addition to...more
10/16/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Interim Rule ,
ITAR ,
Mandatory Declarations ,
National Security ,
Non-Controlling Interests ,
Petrochemicals ,
Technology Sector ,
Trump Administration