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Foreign Acquisitions China Foreign Investment

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Real Estate Transactions Near Military Sites

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On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more

Mayer Brown

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

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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

Latham & Watkins LLP

8 Key Takeaways From the CFIUS 2022 Annual Report

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The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance. On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, June 2023

Secretary Blinken to Travel to Beijing. Secretary of State Antony Blinken is planning to travel to Beijing on June 18-19 for meetings with senior PRC officials, the first visit to China by a U.S. Secretary of State since...more

Axinn, Veltrop & Harkrider LLP

The Not-So-Silk Road: The Proliferating Regulatory Obstacles to Chinese Investment in the U.S.

All companies engaged in M&A activity in the United States must plan for enhanced scrutiny from an increasingly aggressive DOJ and FTC, but non-U.S. companies, particularly Chinese companies, must also reckon with another...more

BCLP

Foreign direct investment - Practical considerations for buyers and sellers

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The UK prime minister recently declared the end of the so-called “golden era” of relations with China, adding that the closer economic ties of the previous decade had been “naive”. That assessment followed the UK government’s...more

BCLP

Foreign direct investment - Global trends and developments

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The regulation of foreign direct investment, or FDI, has been in the spotlight for most of 2022 and will likely remain a key issue for dealmakers and cross-border M&A in 2023. Globally, we continue to see a trend towards...more

Wilson Sonsini Goodrich & Rosati

A Tale of Two Filers: CFIUS Report Touts Efficiency, Also Indicates CFIUS Failed to Meet Statutory Deadlines for a Large...

This year's version of the annual Committee on Foreign Investment in the United States (CFIUS) report, released on August 2, 2022, and covering calendar year 2021, has a Dickensian quality. As usual, it's a dense work. But...more

Holland & Knight LLP

China Task Force Has Concerns with Foreign Investments Outside Jurisdiction of CFIUS

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In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - China

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China has moved to strengthen its review of foreign direct investments in 2020 - The PRC Foreign Investment Law (FIL) and its implementation regulations, which establishes the new foreign investment regulatory framework in...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Releases 2019 Annual Report to Congress

On July 30, 2020, the Committee on Foreign Investment in the United States (CFIUS or the Committee) released its annual report to Congress for calendar year 2019. CFIUS, an interagency committee led by the U.S. Department of...more

White & Case LLP

CFIUS Annual Report for 2019 Shows Key Trends; TikTok Faces CFIUS Review and, Together with WeChat, Other US Restrictions

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In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more

Dechert LLP

CFIUS Releases 2019 Annual Report to Congress

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Key Takeaways - - On July 31, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), published its Annual Report to Congress on all notices...more

White & Case LLP

COVID-19 Foreign Direct Investment (FDI) – An Overview of Restrictions in Western Europe and the CEE

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Prior to the outbreak of the COVID-19 pandemic, there had been a growing and global trend of established Western economies increasingly scrutinising foreign investment in key sectors. FDI restrictions have been on the...more

Hogan Lovells

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

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Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more

Akin Gump Strauss Hauer & Feld LLP

Nvidia/Mellanox: China’s Close Scrutiny of Semiconductor Deals Continues

- On April 16, 2020, the Chinese competition authority finally announced its conditional approval of Nvidia’s $6.9 billion acquisition of Mellanox. - The Chinese SAMR approved the acquisition after a yearlong investigation...more

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

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The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

Jones Day

China Further Opens its Market with New "Foreign Investment Law"

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The Situation: The new PRC Foreign Investment Law ("FIL"), as well as its Implementing Regulations ("Implementing Regulations"), took effect on January 1, 2020. In addition to the FIL and the Implementing Regulations, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ First Full Year Under FIRRMA

The achievement of legislative consensus in 2018 around a preferred approach to safeguarding U.S. technology and information from national security threats via foreign investment resulted in passage of the Foreign Investment...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: China

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China has developed its own national security review regime over the past years, but the review process and relevant rules and guidance continue to be subject to further clarifications. A ministerial review panel (MRP) was...more

White & Case LLP

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

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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

Dorsey & Whitney LLP

China Forex Liberalization Unlocks Massive M&A Opportunities for Foreign Invested Enterprises

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On October 23rd, 2019, the State Administration of Foreign Exchange (“SAFE”) issued a Circular on Further Promoting the Facilitation of Cross-border Trade and Investment (Hui Fa [2019] No.28) ("Circular 28"). The Circular 28...more

White & Case LLP

China Further Removes Foreign Investment Restrictions

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On June 30, 2019, China's National Development & Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) jointly issued the updated negative lists for year 2019 (the 2019 Negative Lists) that set out the sectors where...more

Hogan Lovells

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the...more

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