Ask a CFIUS Expert: Is Crypto Spying on Us?
Decoding the Key Management Personnel Requirements
Wiley's 10 Key Trade Developments: Outbound Investments and CFIUS Review
Wiley's 10 Key Trade Developments: Evolution of Export Controls
The Now and Next in International Trade: 5 Fast Facts About CFIUS – a National Security Agency You Should Know
Torres Talks Trade Podcast Episode 7 on the Committee on Foreign Investment in the United States (CFIUS)
What to Expect from the Biden Administration
A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities
National Security Podcast: US Government Zeros in on China
Podcast: CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations
Challenges with Cross-Border Deals
Podcast: CFIUS: Recent Regulatory Developments
Facility Security Clearances for U.S. Subsidiaries of Foreign-Owned Companies
A CFIUS Roundup: Polaris Financial
The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more
The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more
Outbound foreign investments by U.S.-based companies in sensitive technologies may impact foreign companies from operating in the U.S. or doing business with U.S. companies. Mandatory filing requirements and high-profile...more
In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more
Chinese lawmakers approved revisions to the country’s counterespionage law on 23 April 2023, broadening the definition of spying and banning the transfer of any information related to national security interests (which are...more
The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic...more
Foreign direct investment (FDI) regimes continue to proliferate and mature globally. Given their increasing ubiquity and potential impact on deals, parties must prioritize FDI when considering cross-border M&A transactions....more
On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded the Committee on Foreign Investment in the Unites States’ (CFIUS) oversight scope. 31 C.F.R. §...more
Foreign direct investment (FDI) reviews have become an increasingly critical issue in cross-border M&A transactions. Although many countries continue to encourage inbound investment, Taiwanese businesses and investors should...more
Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more
While CFIUS can’t stop a U.S. company from relocating overseas just because the committee decides that some dating data is a national security risk, companies should be aware of CFIUS’ powers so they don’t get caught having a...more
The U.S. Treasury Department published a final rule on January 17, 2020, to implement changes to regulations regarding the authority and jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) (85...more
FCPA UPDATES FOR GLOBAL COMPANIES - In recent months, the US Department of Justice (DOJ) has issued important guidance for global companies on corporate compliance programs and the Foreign Corrupt Practices Act (FCPA)...more
• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more
On March 14, 2018, the House Committee on Foreign Affairs held a hearing titled “Modernizing Export Controls: Protecting Cutting Edge Technology and U.S. National Security” to examine the proposed Export Control Reform Act...more
FY2014 CFIUS Report reflects significant increase in the number of transactions reviewed for national security risks, with Chinese investors continuing to lead the pack. The Committee on Foreign Investment in the United...more
On February 26, 2015, the Committee on Foreign Investment in the United States (“CFIUS”) - the interagency body charged with reviewing the impact on U.S. national security of any merger, acquisition or takeover that could...more
The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for...more
The 2012 Report underscores the continued imperative for foreign investors to consider CFIUS issues when contemplating relevant US acquisitions. The Committee on Foreign Investment in the United States (CFIUS)...more
Smithfield Foods, Inc. announced that it had entered into a definitive merger agreement with Chinese holding company Shuanghui International Holdings Limited on May 29, 2013. Based in Virginia, Smithfield is the world's...more