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CFIUS Annual Report For 2023 Highlights Increasing Focus on Compliance and Enforcement Despite Reduction in Cases

The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on...more

Treasury Proposes Expanding CFIUS Jurisdiction Over Real Estate Transactions Near Military Sites

On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more

President Biden Forces Divestment of Chinese-Owned MineOne Cryptocurrency Mining Facility Near F.E. Warren AFB

On May 13, 2024, President Biden took the rare step of issuing a Presidential decision ordering the divestment of Chinese-owned real estate located near the Francis E. Warren Air Force Base (Warren AFB) in Wyoming and the...more

Treasury Proposes Stronger CFIUS Penalties, Broader Subpoena and Enforcement Powers

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more

GAO Study Highlights Shortcomings in USDA Land Deal Information Sharing with CFIUS

On January 18, 2024, the U.S. Government Accountability Office (GAO) released a public report that found the U.S. Department of Agriculture (USDA) does not share timely data on foreign investments in agricultural land with...more

House Select Committee on the CCP Releases Report Proposing Changes to CFIUS

On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with...more

CFIUS Releases 2022 Annual Report as Congress Considers Expanding CFIUS Jurisdiction

The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more

Treasury Proposes Expanding CFIUS Jurisdiction Over Land Deals Near Military Installations

On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more

CFIUS Confirms Excepted Foreign State Status for the United Kingdom and New Zealand

On February 10, 2023, the Committee on Foreign Investment in the United States (CFIUS or the Committee) announced determinations that the United Kingdom (UK) and New Zealand have met the requisite criteria for remaining...more

2/13/2023  /  CFIUS , FIRRMA , Foreign Investment , New Zealand , UK

Outbound Investment Initiative Appears in Omnibus Government Funding Package

On December 29, 2022, President Biden signed into law an omnibus government spending package, which includes explanatory statements regarding outbound investment initiatives. According to media reports and official statements...more

New Executive Order Directs CFIUS to Consider Additional National Security Factors in Evaluating Covered Transactions

On September 15, 2022, President Biden signed an executive order (EO) that reaffirms longstanding U.S. open investment policy and elaborates and expands on the existing list of statutory factors that the Committee on Foreign...more

Commerce Secretary Raimondo Signals Support for Outbound Investment Screening

On March 22, 2022, U.S. Secretary of Commerce Gina Raimondo signaled the Biden Administration’s willingness to agree to outbound investment screening legislation incorporated in the America COMPETES Act and also indicated...more

America COMPETES Act Would Stand Up a Committee to Review Certain Outbound Investment and Offshoring Transactions

On February 4, 2022, the House of Representatives passed the America COMPETES Act of 2022, which is the House’s long-awaited counterpart to the U.S. Innovation and Competition Act (USICA) that passed the Senate with...more

CFIUS Finalizes Rule on “Excepted Foreign State” Definition and Announces Determinations Related to Australia, Canada, and New...

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently announced several actions pertaining to its mandate under the Foreign...more

Treasury Proposes Rule to Delay CFIUS “Excepted Foreign State” Determinations

On November 15, 2021, the U.S. Department of the Treasury (Treasury) published a proposed rule that would modify the definitions of “excepted foreign state” and “excepted real estate foreign state” in its regulations...more

CFIUS Releases 2020 Annual Report

The Committee on Foreign Investment in the United States (CFIUS or the Committee) released a public version of its annual report to Congress for the calendar year 2020. The report covers transactions filed with the Committee...more

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