News & Analysis as of

FIRRMA Foreign Investment U.S. Treasury

Manatt, Phelps & Phillips, LLP

Proposed Expansion of CFIUS Poses Increased Risks to U.S. Real Estate Investors and Operators

On July 19, 2024, the U.S. Department of the Treasury published a Proposed Rule after first issuing a Notice of Proposed Rulemaking on July 8. The rule seeks to expand the jurisdiction that the Committee on Foreign Investment...more

Torres Trade Law, PLLC

Treasury Releases CFIUS 2023 Annual Report

Torres Trade Law, PLLC on

On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress regarding the Committee’s national security reviews and investigations of certain...more

Proskauer - Regulatory & Compliance

Treasury Department Moves to Expand CFIUS’s Real Estate Jurisdiction & Implement China-Bound Tech Investment Restrictions

The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more

Morgan Lewis

Treasury Proposes Rule to Expand CFIUS’s Real Estate Jurisdiction

Morgan Lewis on

The US Department of the Treasury on July 8, 2024 proposed updates to the Committee on Foreign Investment in the United States’s (CFIUS’s) regulations that seek to expand the list of military installations for which proximity...more

King & Spalding

Department of Treasury Issues Proposed Rule Expanding CFIUS Real Estate Jurisdiction

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The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations. On July 8, 2024, the U.S. Department of the Treasury...more

Dechert LLP

New Proposed Rule Highlights Recent National Security-Related Scrutiny of Foreign Investment in Real Estate

Dechert LLP on

The U.S. Department of the Treasury (“Treasury”), the Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), has released a Notice of Proposed Rulemaking (“NPRM”) to expand CFIUS’...more

Womble Bond Dickinson

Expansion of Restrictions on Foreign Investment in U.S. Real Estate

Womble Bond Dickinson on

On July 8, 2024, the Office of Investment Security (Department of the Treasury) published a proposed rule to expand CFIUS’s current restrictions on foreign investment in U.S. real estate to cover many additional government...more

Holland & Knight LLP

Treasury Department Issues Proposed Rule to Enhance CFIUS Procedures, Enforcement Authorities

Holland & Knight LLP on

Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Pillsbury - Global Trade & Sanctions Law

Treasury Announces Proposed Rule to Update CFIUS Regulations and Bolster Enforcement

On April 11, 2024, the U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM), which is the first substantive...more

Dechert LLP

CFIUS’ Proposed Rules Enhance its Enforcement Authority

Dechert LLP on

The U.S. Department of Treasury (“Treasury”), which is Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a Notice of Proposed Rulemaking on April 11, 2024 (“NPRM”) meant...more

Snell & Wilmer

CFIUS & Export Controls: The Foreign Investment Regulations Putting Buyers, Sellers, and M&A Practitioners at Risk

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In recent memory, enforcement of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) regulations has been mostly limited and sporadic. But recently, the U.S. government is reviving and...more

Dechert LLP

What Dealmakers Should Know about Congress’ Wish List for CFIUS

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Congress continues to put pressure on the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), increasingly informing the context in which the Committee conducts its work. Last week, for...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on

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

Torres Trade Law, PLLC

CFIUS Updates: New FAQs Clarify Positions; Possible Expansion of Scope of Real Estate Review

Torres Trade Law, PLLC on

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

Holland & Knight LLP

CFIUS Recognizes United Kingdom, New Zealand as Excepted Foreign States

Holland & Knight LLP on

Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...more

King & Spalding

Treasury Publishes First-Ever CFIUS Enforcement and Penalty Guidance

King & Spalding on

Publication indicates a more robust enforcement posture - On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more

White & Case LLP

CFIUS Issues New Enforcement and Penalty Guidelines

White & Case LLP on

On October 20, 2022, the US Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (Guidelines). The...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

HaystackID on

Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

WilmerHale

US Government Ramps Up Scrutiny of Foreign Investments

WilmerHale on

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

Haynsworth Sinkler Boyd, P.A.

CFIUS Compliance Takes Form

The Committee on Foreign Investment in the United States (CFIUS) serves as a review committee for certain inbound Foreign Direct Investment (FDI) transactions, to determine if such transactions pose a risk to national...more

StoneTurn

CFIUS: Three Trends to Know

StoneTurn on

Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more

Wiley Rein LLP

CFIUS Finalizes Rule on “Excepted Foreign State” Definition and Announces Determinations Related to Australia, Canada, and New...

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The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently announced several actions pertaining to its mandate under the Foreign...more

White & Case LLP

Foreign direct investment reviews 2021: United States

White & Case LLP on

Expanded jurisdiction, mandatory filings and a substantially increased pursuit of non-notified transactions have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS), which is led by the...more

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