Germany’s cabinet has approved draft legislation designed to tighten the country’s foreign investment control (“FDI”) regime. The draft bill pre-dates the coronavirus crisis but comes amid growing fears that non-EU investors...more
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”), 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
When the UK leaves the EU it will cease to be a party to the EU’s free trade and investment agreements with some 70 countries, covering some 11% of UK trade. In the event of a "No Deal" Brexit, the UK’s trade with these...more
On January 28, 2019, the United States imposed blocking sanctions on Petróleos de Venezuela SA (“PdVSA”), the Venezuelan state-owned oil company. The measures follow President Trump’s recent decision to recognize Juan Guaidó,...more
1/31/2019
/ Blocked Person ,
Economic Sanctions ,
Energy Sector ,
Executive Orders ,
Financial Institutions ,
Foreign Investment ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Presidential Elections ,
SDN List ,
Trump Administration ,
Venezuela ,
Winding Down
The EU has agreed in principle on a strengthened framework to ensure that foreign investment does not threaten security and public order, while keeping the EU open to foreign investment. The draft FDI Regulation does not go...more
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 Comprehensive and Progressive Trans-Pacific Partnership (“CPTPP”) will take effect on December 30, 2018. Australia ratified the agreement on October 31, 2018, joining Mexico, Japan, Singapore, New Zealand and Canada, and...more
11/6/2018
/ Australia ,
Canada ,
Corporate Counsel ,
CPTPP ,
Foreign Investment ,
Free Trade Agreements ,
Investor Protection ,
Japan ,
Mexico ,
Most-Favored Nations ,
New Zealand ,
Singapore ,
Trans-Pacific Partnership ,
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
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 UK government has published proposals for extending government scrutiny of investment to address the national security risks posed by acquisitions of ownership of, or control over, certain entities or assets....more
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
Highlights:
- Acquisitions of 25% or more of a Germany company by a non-EU/EFTA investor are subject to the German foreign trade law.
- Certain industry sectors of the German economy have been identified to be of...more
In his State of the European Union speech on September 13, 2017, the President of the European Commission (the “EC”), Jean-Claude Juncker, announced a proposed regulation which would create a new framework for closer...more
The German government agreed last week to amend the German Foreign Trade and Payments Ordinance (AWV) to address potential concerns raised by foreign investments in certain sectors of the German economy. The amended AWV...more
A brief orientation on the German foreign investment approval procedure -
Highlights -
- For the first time ever the German Federal Ministry for Economic Affairs and Energy has withdrawn an already granted...more
Donald Trump’s election has the potential to significantly reshape U.S.-Russia relations, but whether any change occurs will depend largely on his willingness to offer Russia a clean slate and whether the U.S. Congress...more
11/23/2016
/ Economic Sanctions ,
Embargo ,
Energy Sector ,
Food Manufacturers ,
Foreign Investment ,
International Relations ,
ISIS ,
Legislative Agendas ,
NATO ,
Pharmaceutical Industry ,
Presidential Elections ,
Russia ,
SDN List ,
SSI List ,
Stock Markets ,
Syria ,
Trump Administration ,
Ukraine ,
Vladimir Putin