News & Analysis as of

Committee on Foreign Investment in the United States Screening Procedures

BakerHostetler

[Event] Protecting the International Project from Catastrophe - November 12th, Houston, TX

BakerHostetler on

Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and...more

Morrison & Foerster LLP

New Sheriff in Town: Treasury Proposes Unprecedented Outbound Investment Screening Regulations

On June 21, 2024, the Biden administration rolled out its outbound investment screening regulations. Last year, the Biden administration published an advanced notice of proposed rulemaking (ANPRM) that outlined the broad...more

Sheppard Mullin Richter & Hampton LLP

Protective Packaging: The EU’s Economic Security Package Changes the Landscape in Global Technology Controls

The EU plans to step up controls on its home grown technology. That is the short version. The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...more

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

King & Spalding on

Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

Hogan Lovells

U.S. Commerce, Treasury Departments issue reports on pending outbound investment screening regime

Hogan Lovells on

Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden...more

White & Case LLP

Expansive FDI

White & Case LLP on

Dealmakers should be made aware that deals outside of traditionally sensitive sectors may face an FDI scrutiny. Last year, at least 20 transactions globally were blocked or abandoned due to national security or FDI...more

Bass, Berry & Sims PLC

A First! President Hones Government’s Foreign Investment Review

Bass, Berry & Sims PLC on

On September 15, President Biden announced the issuance of Executive Order (EO) 14083 to sharpen the focus of inbound investment screening by more formally tying the role of the Committee on Foreign Investment in the United...more

Skadden, Arps, Slate, Meagher & Flom LLP

Congress Reportedly Advances Broad Proposal for Outbound Screening of US Investments in Identified Countries of Concern, Including...

Bipartisan, bicameral support is mounting for legislation that would create a mandatory outbound investment screening regime to review U.S. investments in China and other countries identified by Congress as countries of...more

ArentFox Schiff

National Security Podcast: US Government Zeros in on China

ArentFox Schiff on

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

Holland & Knight LLP

Proposed ICTS Supply Chain Review Regime Raises Procedural Concerns

Holland & Knight LLP on

The U.S. Department of Commerce (Commerce) has proposed a rule implementing the terms of President Donald Trump's Executive Order 13873 (the EO) on securing the United States' information and communications technology and...more

Hogan Lovells

ADG Insights | Foreign investment control in the European Union and its Member States

Hogan Lovells on

In recent years, several European Union (EU) Member States, as well as the EU itself, have reconsidered their approaches to foreign direct investment (FDI). An increasing number of European jurisdictions have introduced rules...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Adopts Regulation on Foreign Direct Investments

On March 19, 2019, the European Union adopted a regulation for the screening of foreign direct investments into the EU (the Regulation). The Regulation sets forth national security factors that EU member states (Member...more

Akin Gump Strauss Hauer & Feld LLP

EU Foreign Investment Law In Force from April

• The new EU FDI Regulation provides a framework for screening foreign direct investments and will enter into force in mid-April. While China, Russia and other currently high-profile “foreign” countries are not expressly...more

Latham & Watkins LLP

European Union Introduces FDI Screening Mechanism on Security and Public Order Grounds

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EU Regulation on FDI will enhance Member State cooperation in screening investments by non-EU investors. Key Points: ..The Regulation will establish a cooperation and coordination framework amongst Member States and the...more

White & Case LLP

New EU Foreign Direct Investment Regulation—Initial Steps towards Harmonized European Investment Controls

White & Case LLP on

Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

WilmerHale on

The past two weeks have seen two major developments in relation to the screening of foreign direct investment in the European Union (“EU”) for national security or public order reasons. First, on December 10, 2018, the EU...more

Sheppard Mullin Richter & Hampton LLP

The Traps of a CFIUS Like EU FDI Screening Mechanism

Finally, the much awaited harmonized screening framework of foreign investments into the EU (Regulation 2017/0224) has been agreed upon on 20 November 2018 by the EU Parliament, the Council and the Commission. The agreed...more

Orrick, Herrington & Sutcliffe LLP

Ten Key Points About CFIUS And Export Control Reform

Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more

Akin Gump Strauss Hauer & Feld LLP

New U.K. National Security Powers to Call in Investments and Other Transactions

• The U.K. Department for Business, Energy and Industrial Strategy published its National Security and Investment White Paper, which proposes a voluntary notification regime and a powerful “call-in” mechanism. The proposal...more

Sheppard Mullin Richter & Hampton LLP

CFIUS for Europe? New Screening of Foreign Direct Investments in Europe

On September 13, 2017, the EU Commission released a proposed regulation establishing a framework for screening Foreign Direct Investments (FDI) in Europe. Several EU Member States have already implemented national mechanisms...more

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