On August 6, 2020, the White House issued two executive orders purportedly intended to "address[] the threat posed by" TikTok and WeChat, considered by the White House to be Chinese-owned mobile applications. The broadly...more
On June 9, 2020, the U.S. Department of the Treasury (Treasury) announced via its Twitter account that it had launched a website dedicated to the monitoring and enforcement functions of the Committee on Foreign Investment in...more
On May 21, 2020, the Committee on Foreign Investment in the United States (CFIUS) published proposed rules (the Proposals) that fine-tune the recently implemented changes to the CFIUS rules. In particular, the Proposals...more
Many federal anti-money laundering (AML) laws require proactive steps to guard against financial crime. While these laws requiring proactive measures generally apply only to financial institutions, gaming companies may...more
On April 28, 2020, the Treasury Department (Treasury) issued an interim final rule, effective May 1, regarding filing fees for submissions to the Committee on Foreign Investment in the United States (CFIUS). The rule makes...more
Introduction: A New National Security Review Process -
On April 4, 2020, President Trump issued an Executive Order creating the Committee for the Assessment of Foreign Participation in the United States Telecommunications...more
In the world of the Committee on Foreign Investment in the United States (CFIUS), the first few months of 2020 proceeded largely as expected: CFIUS unveiled new regulations containing no major surprises (see our...more
For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more
3/10/2020
/ Acquisitions ,
Blocked Mergers ,
CFIUS ,
Corporate Counsel ,
Covered Real Estate Transactions ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Divestiture ,
Executive Orders ,
Filing Fees ,
FIRRMA ,
Foreign Investment ,
National Security ,
Rulemaking Process ,
Statutory Authority ,
U.S. Treasury
A Summary and a Business Decision-Maker's Chart for the Path Forward -
On January 13, 2020, the U.S. Department of the Treasury issued final rules fully implementing the new powers granted to the Committee on Foreign...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Federal Pilot Programs ,
Foreign Investment ,
Inbound Investments ,
Mandatory Declarations ,
National Security ,
New Rules ,
Popular ,
U.S. Treasury
Venture Fundraising and Investment in Healthcare -
U.S. healthcare venture fundraising reached a record $9.6 billion in 2018, continuing a four-year upward trend. This was driven by excellent returns in the sector,...more
3/15/2019
/ Acquisitions ,
Alternative Investment Markets (AIM) ,
Biosimilars ,
CFIUS ,
Digital Health ,
Emerging Technology Companies ,
Investment ,
Investment Opportunities ,
Life Sciences ,
Medical Devices ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Telehealth ,
Venture Capital
CFIUS Past, Present, and Future:
A 2018 CFIUS Carol -
The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more
12/21/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Emerging Technology Companies ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Governments ,
Foreign Investment ,
National Security ,
Trump Administration
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released its advance notice of proposed rulemaking (ANPRM) to control the export of emerging technologies. Comments on the ANPRM are...more
11/20/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Manufacturers ,
Public Comment ,
Robotics ,
Software ,
Technology ,
U.S. Commerce Department
As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more
10/19/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
Trump Administration ,
U.S. Commerce Department
So you've heard a lot about CFIUS reform and the changes that may result from FIRRMA, perhaps from our prior pieces. While the President just signed FIRRMA into law on August 13, you probably know that many key FIRRMA...more
On Tuesday, Congress released its final draft of the Foreign Investment Risk Review Modernization Act (FIRRMA)—a compromise bill which reconciles the differences between the versions previously passed by the House and Senate....more
Virtual currency businesses are under scrutiny by U.S. anti-money laundering (AML) regulators. Earlier this year, U.S Treasury Secretary Steven Mnuchin emphasized that virtual currencies are subject to AML regulations. He...more
4/4/2018
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Bitcoin ,
Compliance ,
Enforcement ,
Enforcement Actions ,
Financial Institutions ,
FinCEN ,
Know Your Customers ,
Money Services Business ,
Money Transmitter ,
Popular ,
Virtual Currency
On November 8, 2017, a bipartisan coalition in Congress introduced the Foreign Investment Risk Review Modernization Act (FIRRMA), which would greatly expand the reach and consequence of the Committee on Foreign Investment in...more