News & Analysis as of

FIRRMA Real Estate Transactions Committee on Foreign Investment in the United States

HaystackID

[Webcast Transcript] CFIUS Reviews: Strategies for Ensuring Compliance and Strategizing on Foreign Investments

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Editor’s Note: During a recent HaystackID webcast, expert panelists explored the role of the Committee on Foreign Investment in the United States (CFIUS) in protecting sensitive technologies, classified contracts, and other...more

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

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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

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

Womble Bond Dickinson

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

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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

Hogan Lovells

U.S. prohibits Chinese real estate purchase related to cryptocurrency mining facility near ICBM base

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On 13 May 2024, President Biden issued an order forcing divestiture by MineOne Partners Limited and certain related entities of their ownership of real estate within one mile of F.E. Warren Air Force Base, home to an...more

StoneTurn

The Importance of Having a National Security Strategy

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The United States and an increasing number of other countries are evaluating the impact of foreign investment on their countries’ national security posture. Generally, foreign investment regulatory regimes allow regulators to...more

Mayer Brown

US President Orders First-Ever Real Estate Divestment Following CFIUS Review

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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

Morrison & Foerster LLP

President Biden Orders Chinese-Owned Firm to Divest Property Near Missile Base in Wyoming

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

Venable LLP

CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

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As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

HaystackID on

Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Mayer Brown

US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring...

Mayer Brown on

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which...more

Dorsey & Whitney LLP

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

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As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

BakerHostetler on

Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Womble Bond Dickinson

Expanding Federal and State Restrictions on Foreign Investment in U.S. Real Estate

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With significant press coverage, Florida Gov. Ron DeSantis recently announced that the state would limit the ability of certain non-U.S. persons, businesses, and governments from acquiring agricultural land in Florida....more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Land Deals Near Military Installations

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On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more

Morgan Lewis

Revisiting CFIUS Jurisdiction Over Real Estate Transactions

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Concerns are growing over the national security impact of real estate purchases by foreign persons, only a small portion of which are reviewed by the Committee on Foreign Investment in the United States (CFIUS). These...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

Orrick, Herrington & Sutcliffe LLP

CFIUS Filing Fees Start May 1, 2020

For the first time, starting on May 1, 2020, parties that submit formal notices to the Committee on Foreign Investment in the United States (“CFIUS”) with respect to covered foreign investment transactions and covered real...more

Dorsey & Whitney LLP

CFIUS Abruptly Imposes New Notice Filing Fees

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Beginning May 1, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) will require a filing fee in connection with any formal notice of a “covered transaction” or a “covered real estate transaction.” The...more

Morgan Lewis

CFIUS’s Final Real Estate Regulations: Still a Largely Voluntary Process

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The CFIUS real estate regulations reflect a new emphasis on real estate transactions based on proximity to military installations and certain critical infrastructure, requiring careful analysis when deciding whether a real...more

Morgan Lewis

The New CFIUS ‘Geographic Reference Tool’ – Handle With Care

Morgan Lewis on

Released last month by the Committee on Foreign Investment in the United States, the Geographic Reference Tool is a useful starting point in determining what constitutes covered real estate transactions, but does not provide...more

Moore & Van Allen PLLC

Treasury Department Publishes Proposed Rule on CFIUS Filing Fees

Moore & Van Allen PLLC on

Further implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“), the U.S. Department of the Treasury recently published a proposed rule to establish filing fees for parties filing voluntary...more

K2 Integrity

FAQs on CFIUS and FIRRMA

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What is CFIUS? The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee charged with reviewing transactions involving foreign investment in the U.S. and certain real estate transactions for...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposes Filing Fees

To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more

Eversheds Sutherland (US) LLP

Proposed CFIUS filing fees for foreign investments announced

For the first time in its history, the U.S. Committee on Foreign Investment in the United States (CFIUS) plans to require the payment of fees in connection with the submission of full notifications for covered foreign...more

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