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
President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) on August 13, 2018, which was included as part of the annual National Defense Authorization Act (NDAA). FIRRMA...more
9/28/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Declaration ,
Exemptions ,
Filing Fees ,
FIRRMA ,
Foreign Investment ,
Investors ,
Judicial Review ,
Jurisdiction ,
National Security ,
NDAA ,
Personal Data ,
Private Equity ,
Private Equity Funds ,
Real Estate Investments ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
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