Background CFIUS is an interagency committee, principally comprising of 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 to...more
Key Takeaways -
On July 26, 2021, 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 key activities,...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
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
The U.S. Treasury Department published a final rule on January 17, 2020, to implement changes to regulations regarding the authority and jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) (85...more
2/29/2020
/ CFIUS ,
Covered Transactions ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Corporations ,
Foreign Investment ,
Foreign Persons ,
Global Market ,
Limited Partnerships ,
National Security Review Proceedings ,
Private Equity ,
Private Funds
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 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. 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
After conferees from the U.S. House of Representatives (House) and U.S. Senate (Senate) reached agreement on the Foreign Investment Risk Review Modernization Act (FIRRMA), the House on Thursday, June 26, 2018, passed...more
8/1/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Controls ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Investment Funds ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Private Equity ,
Real Estate Investments ,
Trump Administration
The U.S. House of Representatives (the House) on June 26, 2018, passed legislation designed to reform and strengthen the authority of the Committee on Foreign Investment in the United States (CFIUS or the Committee), the...more
6/28/2018
/ Acquisitions ,
CFIUS ,
Cross-Border Transactions ,
Export Controls ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Manufacturers ,
National Security ,
Proposed Legislation ,
Trump Administration
While the rules regarding CFIUS review have remained largely unchanged over the past decade, CFIUS has operated under a new paradigm in recent years. After the U.S. government blocked just two transactions from its inception...more
6/21/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Disparate Treatment ,
Export Controls ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Intellectual Property Protection ,
National Security ,
NDAA ,
Passive Investments ,
Pending Legislation ,
Real Estate Investments ,
Rollbacks ,
Sanctions ,
Telecommunications ,
Transfer of Control ,
Trump Administration ,
U.S. Commerce Department ,
ZTE
As the United States Congress debates new legislation to strengthen reviews of cross-border transactions for potential national security concerns, the Committee on Foreign Investment in the United States (CFIUS or the...more
5/15/2018
/ Acquisitions ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Non-US Entities ,
Passive Activity ,
Popular ,
Private Equity ,
Technology Sector ,
Trump Administration
After a summer of discussion surrounding the U.S. government’s ability to control Chinese investment in U.S. companies, members of the House and Senate have introduced new legislation that seeks to improve the government’s...more
12/19/2017
/ CFIUS ,
China ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Joint Venture ,
Jurisdiction ,
Legislative Agendas ,
National Security ,
Popular ,
Semiconductors ,
Trump Administration
President Obama issued an executive order on December 2, 2016 blocking the sale of the U.S. business of Aixtron SE (“Aixtron”), a German semiconductor manufacturer, to a German subsidiary of a Chinese fund, Fujian Grand Chip...more
12/14/2016
/ Barack Obama ,
CFIUS ,
China ,
Corporate Counsel ,
Foreign Acquisitions ,
Foreign Subsidiaries ,
Germany ,
National Security ,
Popular ,
State-Owned Enterprises ,
Trade Policy ,
Trump Administration