After over a year of preview, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has finally published information on its most recent enforcement actions.
The actions were announced on...more
9/4/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Compliance ,
Corporate Counsel ,
Data Security ,
Divestment ,
Enforcement ,
Failure to Comply ,
Foreign Investment ,
National Security ,
National Security Agency (NSA) ,
Penalties ,
Transparency
The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more
8/8/2024
/ Acquisitions ,
Annual Reports ,
CFIUS ,
China ,
Compliance ,
Declaration ,
Enforcement Actions ,
Foreign Investment ,
Investigations ,
Investment ,
Investors ,
Mergers ,
Mitigation ,
National Security ,
Notice Requirements ,
Proposed Rules ,
U.S. Treasury
The U.S. Department of the Treasury (“Treasury”), the Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), has released a Notice of Proposed Rulemaking (“NPRM”) to expand CFIUS’...more
Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more
6/27/2024
/ Acquisitions ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Capital Investments ,
CFIUS ,
Covered Transactions ,
Executive Orders ,
Foreign Entities ,
Foreign Investment ,
Investment ,
Investment Advisers Act of 1940 ,
Investment Company Act of 1940 ,
Jurisdiction ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Notification Requirements ,
Parent Corporation ,
Popular ,
Securities Exchange Act of 1934 ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
On the eve of the 2024 Group of Seven (G7) Leaders’ Summit, the United States imposed new sanctions and export control measures against Russia further targeting sanctions evaders and, for the first time, the Russian...more
6/19/2024
/ Asset Seizure ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Services Industry ,
Foreign Financial Institutions (FFI) ,
Information Technology ,
Infrastructure ,
International Securities Market (ISM) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Software ,
UK
The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more
5/22/2024
/ Acquisitions ,
Biden Administration ,
CFIUS ,
China ,
Cryptocurrency ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
National Security ,
Proposed Rules ,
Real Estate Investments
Key Takeaways -
- As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more
5/14/2024
/ Australia ,
Belgium ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Germany ,
Investment ,
Investors ,
Ireland ,
Legislative Agendas ,
National Security ,
Regulatory Agenda ,
Russia ,
Singapore ,
UK ,
United States
The U.S. Department of Treasury (“Treasury”), which is Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a Notice of Proposed Rulemaking on April 11, 2024 (“NPRM”) meant...more
On the second anniversary of the start of the war in Ukraine and in response to the death of activist Aleksey Navalny in a Russian prison, the United States, European Union, and United Kingdom, along with Australia and...more
3/4/2024
/ Asset Freeze ,
Australia ,
Bureau of Industry and Security (BIS) ,
Canada ,
China ,
Economic Sanctions ,
Energy Sector ,
EU ,
Export Controls ,
Financial Services Industry ,
India ,
Mining ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Transportation Industry ,
Turkey ,
UK ,
Ukraine ,
United Arab Emirates (UAE) ,
US State Departments
The U.S. Department of Defense (“DoD”) updated its list of “Chinese military companies” operating “directly or indirectly” in the United States on January 31, 2024, adding 17 new entities and removing three. The list was...more
President Biden recently signed into law the Foreign Extortion Prevention Act (“FEPA”), enabling federal prosecution of non-U.S. government officials who solicit or receive bribes.
FEPA complements the Foreign Corrupt...more
1/23/2024
/ Anti-Corruption ,
Anti-Money Laundering ,
Biden Administration ,
Bribery ,
Department of Justice (DOJ) ,
Economic Sanctions ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Securities Exchange Act of 1934 ,
Wire Fraud
Throughout December, the United States, European Union, and United Kingdom adopted a series of new sanctions packages against Russia that are expansive and multilayered and pose additional compliance challenges.
The new...more
1/11/2024
/ Compliance ,
Economic Sanctions ,
EU ,
Exports ,
Financial Institutions ,
Financial Services Industry ,
Imports ,
Jurisdiction ,
Office of Foreign Assets Control (OFAC) ,
Oil Prices ,
Russia ,
SDN List ,
Software ,
U.S. Treasury ,
UK
Congress continues to put pressure on the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), increasingly informing the context in which the Committee conducts its work.
Last week, for...more
12/22/2023
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border ,
Department of Justice (DOJ) ,
FIRRMA ,
Foreign Investment ,
Investigations ,
Investors ,
Jurisdiction ,
National Security ,
U.S. Commerce Department ,
U.S. Treasury ,
Whistleblowers
On September 25, 2023, the U.S. Department of Commerce (“Commerce”) issued the final rule (the “Final Rule”) regarding the use of funds offered under the CHIPS and Science Act (the “CHIPS Act”).
The Final Rule...more
10/11/2023
/ Clawbacks ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
Importers ,
National Security ,
NIST ,
Risk Management ,
Risk Mitigation ,
Semiconductors ,
U.S. Commerce Department
On September 14, 2023, the U.S. Department of Treasury (“Treasury”) hosted its Second Annual CFIUS Conference (the “Conference”) regarding the Committee on Foreign Investment in the United States (“CFIUS” or the...more
Tornado Cash, a cryptocurrency mixer, recently suffered two major setbacks in federal regulatory efforts to block its use and prosecute its founders.
First, a federal district court threw out a lawsuit challenging the...more
9/11/2023
/ Cryptocurrency ,
Cyber Crimes ,
Decentralized Autonomous Organization (DAO) ,
Department of Justice (DOJ) ,
Foreign Entities ,
International Emergency Economic Powers Act (IEEPA) ,
Money Laundering ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Regulatory Standards ,
Sanction Violations ,
SDN List ,
State Sponsors of Cyberattacks ,
U.S. Treasury
In brief. On August 9, 2023, President Biden signed a highly anticipated Executive Order (the “Outbound E.O.”) to establish a U.S. outbound investment regime. The U.S. Department of Treasury (“Treasury”) concurrently...more
8/14/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Asset Management ,
Biden Administration ,
CFIUS ,
China ,
Covered Transactions ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Penalties ,
Popular ,
Securities ,
Semiconductors
On July 31, 2023, the U.S. Department of the Treasury (“Treasury”) published the Committee on Foreign Investment in the United States’ (“CFIUS” or the “Committee”) Annual Report to Congress on key activities, including...more
The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) recently announced two settlements that underscore OFAC’s continued emphasis on companies developing and implementing effective, risk-based...more
The Biden Administration appears to be moving forward with plans to establish a mechanism through Executive Order to review outbound investments from the United States to protect U.S. national security.
Recent reporting...more
5/12/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
FIRRMA ,
G7 ,
Investment ,
Jurisdictional Thresholds ,
National Security ,
Outbound Transactions ,
Russia ,
Supply Chain ,
U.S. Commerce Department ,
U.S. Treasury
Speaking recently at a conference concerning the Committee on Foreign Investment in the United States (“CFIUS” or the Committee”) in Washington, D.C., senior CFIUS officials from the Department of Defense (“DOD”), the...more
5/10/2023
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Executive Orders ,
FIRRMA ,
New Regulations ,
Penalties ,
U.S. Treasury
On April 18, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) Assistant Secretary for Export Enforcement, Matthew Axelrod, published a memorandum marking a shift in policy regarding voluntary...more
Key Takeaways The CHIPS Program Office of the U.S. Department of Commerce's National Institute of Standards and Technology (“NIST”) proposed a rule that describes the expected procedure for reviewing outbound investments...more
In a recent judgment, the English High Court for the first time ruled on a sanctions de-listing case under Section 38 of the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”). Following the UK’s departure from the EU,...more
In 2022, the US, UK and EU all escalated their sanctions enforcement rhetoric. For example, senior US enforcement officials went so far as to describe sanctions as “the new FCPA” (referring to the US. Foreign Corrupt...more
2/17/2023
/ Civil Sanctions ,
Compliance ,
Economic Sanctions ,
Enforcement ,
EU ,
Liability ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Russia ,
UK ,
Ukraine