The report shows a decline in filings, new mitigation measures and conditions, and continued emphasis on monitoring and enforcement.
On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS)...more
The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance.
On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more
8/8/2023
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Enforcement ,
Foreign Acquisitions ,
Foreign Investment ,
Life Sciences ,
National Security ,
Singapore ,
United Arab Emirates (UAE)
The recent developments signal a renewed vigor to protect US national security.
This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more
President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors.
On September 15, 2022, President Biden issued an Executive...more
9/27/2022
/ Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
National Security ,
Personal Data ,
Risk Mitigation ,
Supply Chain ,
Technology Sector
The report reflects CFIUS’ work during the first full year since the Foreign Investment Risk Review Modernization Act implementing regulations took effect.
On August 2, 2022, the Committee on Foreign Investment in the...more
If enacted, the bill would establish an interagency committee in the US to review certain outbound investment and other activity affecting supply chain security, domestic production, and manufacturing capacities.
Key...more
CFIUS continued to have a busy year in 2018, and CFIUS reveals first available data about the declaration process under the new Pilot Program.
On May 16, 2020, the Committee on Foreign Investment in the United States...more
The number of CFIUS notices filed is growing, more cases are extending into an investigation phase, and instances of pulling and refiling CFIUS notices are increasing.
On November 22, 2019, the Committee on Foreign...more
11/27/2019
/ Acquisitions ,
Annual Reports ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
Investors ,
National Security
CFIUS has offered a one-month comment period for proposed rulemaking to implement provisions of CFIUS legislation passed in August 2018.
More than a year ago, in August 2018, US President Donald Trump signed the Foreign...more
9/27/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Real Estate Transactions ,
U.S. Treasury
Program requires parties to submit to CFIUS notice of certain foreign investments in US businesses involved in specified critical technologies at least 45 days prior to closing.
Key Points:
..The US Treasury Department...more
10/18/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security
New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review.
Key Points:
..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more
8/14/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department
New Legislation to Reform the Committee on Foreign Investment in the United States Remains a Strong Possibility
Key Points:
..Reform legislation sponsors appear willing to address some concerns with the original...more
The proposed Foreign Investment Risk Review Modernization Act would bring substantial changes to CFIUS review.
Key Points:
..FIRRMA could speed review of certain transactions.
..It would provide for increased...more
Calendar Year 2015 CFIUS Report reflects review of transactions for national security risks is generally taking longer, with Chinese investors leading all others.
The Committee on Foreign Investment in the United States...more
Private equity firms may be subject to new mandatory BEA reporting requirements with respect to their cross-border financial services transactions.
The Bureau of Economic Analysis (BEA) of the US Department of Commerce...more
10/16/2015
/ BE-180 ,
Bureau of Economic Analysis ,
Confidential Information ,
Cross-Border Transactions ,
Deadlines ,
Failure To Respond ,
Financial Institutions ,
Fund Managers ,
Penalties ,
Private Equity ,
Private Investment Funds ,
Reporting Requirements ,
Surveys ,
Time Extensions
Increasingly interconnected global businesses need to focus on how export controls and trade sanctions can affect their cross-border activities in unexpected ways.
For decades, the US Government has used trade...more
10/24/2014
/ Chief Compliance Officers ,
Cloud Computing ,
Cross-Border Transactions ,
E-Commerce ,
Encryption ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Mobile Devices ,
Networks ,
SaaS ,
Sanctions ,
Software ,
Software Developers ,
Technology ,
Third-Party Risk