News & Analysis as of

Comment Period Foreign Investment U.S. Treasury

Sheppard Mullin Richter & Hampton LLP

Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions

As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions....more

Cadwalader, Wickersham & Taft LLP

U.S. Treasury Proposes Regulation of U.S. Outbound Investments

On June 21, 2024, the U.S. Department of Treasury (“Treasury”) issued a notice of proposed rulemaking (“Proposed Rule”) that would regulate certain U.S. transactions with persons of a country of concern involved in the...more

Eversheds Sutherland (US) LLP

Treasury proposes expansion of CFIUS authorities

On April 11, 2024, the US Department of the Treasury issued, for notice and comment, proposed modifications (Proposed Rule) to certain Committee on Foreign Investment in the United States (CFIUS or Committee) regulations. In...more

Torres Trade Law, PLLC

Less Bark and More Bite? CFIUS Proposed Rule Enhancing Enforcement Capabilities

Torres Trade Law, PLLC on

A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties, expand its ability to monitor and investigate...more

Holland & Hart LLP

CFIUS Proposed Rule Aims to Strengthen Penalty and Enforcement Measures

Holland & Hart LLP on

The US Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently released a Notice of Proposed Rulemaking (NPRM) to augment certain CFIUS...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Proposes Expanded Enforcement Authorities and Increased Penalties

Key Points - On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS’s enforcement authorities....more

Latham & Watkins LLP

Treasury Proposes New CFIUS Regulations to Expand Monitoring and Enforcement Authorities: 5 Key Takeaways

Latham & Watkins LLP on

The proposal signals a continued effort to expand CFIUS’s enforcement scope and update penalties. On April 11, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (the Proposed Rule)...more

Seyfarth Shaw LLP

Long-Awaited Outbound Investment Program Finally Addressed

Seyfarth Shaw LLP on

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national...more

Jones Day

Biden Administration Issues Highly Anticipated Executive Order on U.S. Investment in China

Jones Day on

The Biden administration has issued a long-anticipated executive order targeting U.S. outbound investment in certain Chinese industries; however, significant steps remain before these measures are fully implemented....more

Latham & Watkins LLP

White House Issues Outbound Investment Executive Order and Treasury Department Solicits Comments on This New Regulatory Program: 5...

Latham & Watkins LLP on

After publicly signaling support for an outbound investment screening mechanism in July 2022, the Biden Administration has issued a long-anticipated Executive Order to address certain investments by US persons in “countries...more

Holland & Knight LLP

Proposed Treasury Regulations Reverse Guidance on Domestically Controlled REITs

Holland & Knight LLP on

The U.S. Department of the Treasury and IRS on Dec. 29, 2022, published proposed regulations (Proposed Regulations) under Section 897 of the Internal Revenue Code of 1986, as amended (Code). The Proposed Regulations...more

Goodwin

U.S. Department of The Treasury Proposes Rule to Modify Mandatory CFIUS Filing Requirements for Critical Technology Companies

Goodwin on

On May 20, 2020, the U.S. Department of the Treasury issued a proposed rule modifying the mandatory filing requirements associated with certain foreign investments in U.S. businesses that deal with “critical technologies.”...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Proposed Rule to Implement Filing Fee Requirements for CFIUS Voluntary Notices

- On March 9, 2020, the U.S. Department of Treasury published a Proposed Rule to implement filing fee requirements for voluntary notices filed with CFIUS. - Under the proposed framework, the value of the transaction...more

A&O Shearman

CFIUS Proposes Filing Fees for Transaction Reviews

A&O Shearman on

The U.S. Department of the Treasury late yesterday released a draft set of regulations that would establish, for the first time, filing fees for most transactions submitted to the Committee on Foreign Investment in the United...more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

ArentFox Schiff on

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Holland & Knight LLP

Foreign Ownership of Real Estate: New Rules from CFIUS

Holland & Knight LLP on

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) amended the rules governing the Committee on Foreign Investment in the United States (CFIUS) to provide the Committee with the authority to review minority...more

Hogan Lovells

New regulations expand CFIUS' jurisdiction and mandate filings

Hogan Lovells on

The Department of the Treasury has released two new interim rules that (i) update existing regulations regarding the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review...more

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