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FIRRMA Mandatory Declarations Foreign Investment

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

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What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Morrison & Foerster LLP

The Long and Winding Road: Key Points from the CFIUS Annual Report

In July 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2022. Although the Report’s data lags a bit, given we are eight...more

Dechert LLP

CFIUS Finalizes Changes to Mandatory Declaration Regulations

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President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018. FIRRMA made several substantial changes to the CFIUS process and expanded the scope of the...more

Morgan Lewis

CFIUS Says Farewell to NAICS, Hello to Export Licensing in Mandatory Declarations

Morgan Lewis on

The Committee on Foreign Investment in the United States’ proposed changes to the mandatory declaration program would expand the potential industries affected by the mandatory declaration requirements, but also narrow the...more

White & Case LLP

CFIUS Update: Proposed Changes to Critical Technology Mandatory Filing Requirements; 2018-2019 Statistics Show Key Trends; CFIUS...

White & Case LLP on

There have been several recent developments related to the Committee on Foreign Investment in the United States (CFIUS). Most notably, CFIUS has released a proposed rule that would change the mandatory filing criteria for...more

Dechert LLP

CFIUS Publishes Proposed Rule to Change Mandatory Declaration Requirements

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President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018, which made several substantial changes to the CFIUS process and expanded the scope of the Committee’s...more

Locke Lord LLP

Proposed CFIUS Rule Would Alter Mandatory Declaration Requirements

Locke Lord LLP on

On May 21, 2020, the Treasury Department published a Proposed Rule that would alter the Committee on Foreign Investment in the United States (“CFIUS”) regulations at 31 C.F.R. Part 800 in two important respects. First, the...more

Kelley Drye & Warren LLP

CFIUS Issues Proposed Rule to Amend Mandatory Declaration Requirements

On May 21, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that more directly links mandatory filing obligations with export control...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...more

Stinson - Corporate & Securities Law Blog

Treasury Proposes to Modify CFIUS Mandatory Declaration Requirements

Treasury has proposed rules that would modify provisions in the regulations of the Committee on Foreign Investment in the United States, or CFIUS, that implement the Foreign Investment Risk Review Modernization Act of 2018,...more

Dorsey & Whitney LLP

CFIUS Expands Foreign Investments Subject to Scrutiny with Significant Carve-out for Canadian, Australian and U.K. Investors

Dorsey & Whitney LLP on

On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: United States

White & Case LLP on

Most deals are approved, but the landscape is becoming increasingly complex, as more types of transactions are subject to review and some filings are mandatory. The Committee on Foreign Investment in the United States...more

Hogan Lovells

U.S. Treasury Department issues new proposed CFIUS regulations

Hogan Lovells on

On 17 September 2019 the U.S. Department of the Treasury announced proposed regulations to "comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)." ...more

Skadden, Arps, Slate, Meagher & Flom LLP

US M&A Activity Remains Strong Despite Concerns

Although the U.S. M&A market has remained relatively strong by historical standards so far in 2019, activity has softened compared to the higher levels in 2017 and 2018, continuing a trend that began in the second half of...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS in the Face of a Prolonged Government Shutdown: What It Means for Deals

As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more

Bass, Berry & Sims PLC

CFIUS Pilot Program Creates New Obligations and Challenges

Bass, Berry & Sims PLC on

• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more

Skadden, Arps, Slate, Meagher & Flom LLP

Governance Implications of CFIUS Reform for US Investment Funds With Foreign Investors

In August 2018, President Donald Trump signed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly reformed national security reviews by the Committee on Foreign Investment in the United...more

Locke Lord LLP

Failure to File Mandatory Declarations under Interim CFIUS Regulations Could Result In A Penalty Up to Value of the Transaction

Locke Lord LLP on

On November 10, 2018, interim regulations adopted by the US Department of Treasury under the newly enacted Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) go into effect. These interim regulations act as a...more

Perkins Coie

CFIUS Launches FIRRMA Pilot Program—Mandatory Filings for Foreign Investment in U.S. Critical Technologies

Perkins Coie on

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) became law on August 13, 2018. Under FIRRMA, the Committee of Foreign Investment in the United States (CFIUS) is authorized to conduct pilot programs. On...more

Holland & Hart LLP

Treasury Issues New CFIUS Interim Rules

Holland & Hart LLP on

On October 10, 2018, the U.S. Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued two interim rules to implement certain provisions of the...more

Jones Day

Anything to Declare? CFIUS to Mandate Declarations from "Critical Technology" Businesses Soon

Jones Day on

The Situation: On October 10, 2018, the U.S. Department of the Treasury ("Treasury") published an interim rule establishing a pilot program for the Committee on Foreign Investment in the United States ("CFIUS") that mandates...more

Dechert LLP

Treasury Department Releases Interim Rules and a Pilot Program Implementing Aspects of New Foreign Investment Reviews by CFIUS

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The U.S. Department of the Treasury (“Treasury”) published two sets of interim rules on October 10, 2018, implementing certain provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). In addition to...more

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