On June 3, 2021, President Biden issued an Executive Order to modify sanctions initially imposed by former President Trump regarding investments in Chinese companies with alleged ties to the Chinese military. The new...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
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
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 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
The United States, Canada and Mexico on September 30 announced the framework for a new, revised trade agreement to replace NAFTA, called the United States-Mexico-Canada Agreement (the “USMCA”)....more
10/12/2018
/ Anti-Dumping Duty ,
Arbitration Agreements ,
Bilateral Investment Treaties ,
Canada ,
Countervailing Duties ,
CPTPP ,
Dispute Resolution ,
Exports ,
Foreign Investment ,
Imports ,
Investor Protection ,
Investor-State Arbitration ,
Mexico ,
Most-Favored Nations ,
NAFTA ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)