Podcast: CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations
Podcast: CFIUS: Recent Regulatory Developments
JONES DAY TALKS®: Proposed Regs Implement FIRRMA, Expand CFIUS’s Jurisdiction Over Foreign Investments
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
On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more
On May 13, 2024, President Biden issued an Order blocking the purchase and requiring the divestment of Chinese-owned real estate that is the location of a cryptocurrency mining facility near F.E. Warren Air Force Base, a...more
The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more
On May 13, 2024, President Biden issued an Executive Order requiring MineOne Partners Limited and its affiliates (together, “MineOne”) to divest their interest in real property located less than one mile from Francis E....more
As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more
In brief. On August 9, 2023, President Biden signed a highly anticipated Executive Order (the “Outbound E.O.”) to establish a U.S. outbound investment regime. The U.S. Department of Treasury (“Treasury”) concurrently...more
If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more
CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in...more
Key Points - EO 14083 provides updated guidance to CFIUS regarding its consideration of U.S. national security risk factors and is aimed at confronting evolving and emerging threats to U.S. technological leadership, U.S....more
President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more
This alert discusses two major updates related to the Committee on Foreign Investment in the United States (“CFIUS,” or the “Committee”) in the past several weeks. First, on 2 August 2022, the Committee released the CFIUS...more
On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more
On September 15, 2022, President Joe Biden issued an executive order (EO) “on ensuring robust consideration of evolving national security risks” by the Committee on Foreign Investment in the United States (CFIUS or the...more
President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more
The Committee on Foreign Investment in the United States (CFIUS) is reviewing a record number of transactions for national security risks, according to a recently released Annual Report to Congress for Calendar Year 2021. ...more
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
Background - CFIUS is an interagency committee, principally comprising nine members and chaired by the Secretary of the Treasury, which has broad powers to review foreign investments in and acquisitions of U.S. businesses...more
The 2020 unclassified report published by the Committee on Foreign Investment in the United States (“CFIUS”) provides investors with information regarding the approval rate for the streamlined declarations review process and...more
The Committee on Foreign Investment in the United States (CFIUS) can be expected to maintain America’s traditional open investment posture consistent with the robust protection of U.S. national security interests....more
Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States. Or for that matter, any company competing with affected...more
An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations?...more
The administration of President-elect Joe Biden and Vice President-elect Kamala Harris will break sharply from the policies of the Trump Administration in many ways. But one area where we expect more continuity than change is...more