On February 21, 2025, President Trump signed a National Security Presidential Memorandum (NSPM) announcing an “America First Investment Policy” focused on promoting foreign investment in the United States from allies and...more
2/25/2025
/ CFIUS ,
China ,
Foreign Adversaries ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
PRC ,
Regulatory Agenda ,
Technology Sector ,
U.S. Treasury
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
On July 18, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) amending the U.S. Export Administration Regulations (EAR) so that certain technology and software...more
7/23/2024
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Huawei ,
ITAR ,
National Security ,
Supply Chain ,
Technology ,
U.S. Commerce Department
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
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
5/17/2024
/ Bitcoin Mining ,
CFIUS ,
China ,
Cryptocurrency ,
Defense Production Act ,
Divestment ,
Investigations ,
Joe Biden ,
National Security ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
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
On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more
3/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
National Security ,
OEM ,
U.S. Commerce Department
On January 23, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a new rule to expand and strengthen its existing export control restrictions under the Export Administration Regulations...more
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
For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more
12/6/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
General Licenses ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Semiconductors
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
After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NDAA ,
Outbound Transactions ,
Semiconductors ,
U.S. Treasury
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
5/8/2023
/ Agricultural Sector ,
CFIUS ,
China ,
Department of Defense (DOD) ,
FIRRMA ,
Jurisdiction ,
National Security ,
Proposed Rules ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
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
On December 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it is adding 36 primarily Chinese entities, including Chinese memory chip maker Yangtze Memory Technologies and...more
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
9/20/2022
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cyber Threats ,
Executive Orders ,
Foreign Investment ,
Foreign Nationals ,
Manufacturers ,
National Security ,
Sensitive Business Information ,
Supply Chain ,
Technology
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
2/7/2022
/ America Competes Act ,
American Manufacturing Competitiveness Act ,
CFIUS ,
Covered Transactions ,
Innovation Act ,
National Security ,
Offshoring ,
Secretary of Commerce ,
Secretary of Defense ,
Supply Chain ,
USTR ,
Written Notice
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
The U.S. District Court for the Eastern District of New York has set jury selection to begin September 7, 2022, in regard to the prosecution of Thomas Barrack, a friend and former key adviser to ex-U.S. President Donald...more
1/12/2022
/ Attorney General ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
FBI ,
Foreign Agents Registration Act (FARA) ,
Foreign Governments ,
Foreign Policy ,
Grand Juries ,
Indictments ,
National Security ,
Notification Requirements ,
Trump Administration ,
United Arab Emirates (UAE)
On December 13, 2021, the U.S. Department of Justice (DOJ) National Security Division issued an advance notice of proposed rulemaking (ANPRM) and request for public comments regarding clarification and modernization of...more
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