News & Analysis as of

Foreign Direct Investment FIRRMA

Womble Bond Dickinson

The Evolution of National Security in the U.S. and U.K.

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The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...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

Skadden, Arps, Slate, Meagher & Flom LLP

US-Mexico Agreement Signals Mexican Foreign Investment Screening Body To Come

On December 7, 2023, U.S. Secretary of the Treasury Janet L. Yellen and Mexico’s Secretary of Finance and Public Credit Rogelio Ramírez de la O signed a Memorandum of Intent (MOI) to establish a bilateral working group to...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

Womble Bond Dickinson

Proposed Synthesis Controls Highlight Dual Impact of Section 1758 on U.S. Exports and Foreign Direct Investment

Womble Bond Dickinson on

Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments - Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...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

Bradley Arant Boult Cummings LLP

Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews

President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more

Morrison & Foerster LLP

Key Points from the CFIUS Annual Report for Calendar Year 2021

Last month, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report to Congress covering 2021. The key takeaway is that CFIUS is more active than ever, subjecting a record number of...more

White & Case LLP

CFIUS Hosts Inaugural Conference

White & Case LLP on

The event featured speakers from across the US Government who provided insights on CFIUS authorities, priorities, processes and recommended best practices. US Government officials also emphasized the United States’ commitment...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

Morgan Lewis

US National Security Review for Outbound Investment: Domestic and Global Impact

Morgan Lewis on

Both Congress and the executive branch have been considering the notion of a new regulatory regime to limit certain types of US outbound investment in other countries. While such a regime would certainly constitute a sea...more

American Conference Institute (ACI)

[Event] 8th National Conference on CFIUS - April 26th - 27th, Washington, DC

The Country's Premier Gathering of Government, Outside Counsel, Advisors, and In-House Executives - ACI’s 8th National Conference on CFIUS is back in person on April 26 – 27! Widely regarded as the premier event for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Goes Global: New FDI Review Processes Proliferate, Old Ones Expand

Takeaways - Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments. Many jurisdictions now require filings for investments in the...more

Holland & Knight LLP

UK's National Security and Investment Act Takes Effect

Holland & Knight LLP on

For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more

A&O Shearman

How are government national security probes affecting technology transactions across the world?

A&O Shearman on

The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....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

Cooley LLP

Proposed Rule Signals CFIUS’ Commitment to Jurisdictional Carve Out for Transactions Involving Trustworthy Investors

Cooley LLP on

On behalf of the Committee on Foreign Investment in the United States (CFIUS), the US Department of the Treasury published a proposed rule on November 15, 2021, relating to excepted foreign state (EFS) and excepted real...more

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

Morgan Lewis on

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more

White & Case LLP

Foreign direct investment for Taiwanese businesses and investors

White & Case LLP on

Foreign direct investment (FDI) reviews have become an increasingly critical issue in cross-border M&A transactions. Although many countries continue to encourage inbound investment, Taiwanese businesses and investors should...more

Dechert LLP

CFIUS Releases 2020 Annual Report to Congress

Dechert LLP on

Key Takeaways - On July 26, 2021, 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 key activities,...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Follows Global Trend To Enhance National Security Protections

One of the biggest M&A developments over recent years has been a significant enhancing of foreign direct investment (FDI) and national security protections by G-8 members and others....more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - United States

White & Case LLP on

Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more

Morrison & Foerster LLP

Japan Moves To Tighten Restrictions On Foreign Investment In Healthcare Industries

Amid concerns about predatory acquisitions of weakened companies and strategic assets during the COVID-19 crisis, more and more countries are restricting foreign direct investment (FDI) in their domestic companies, especially...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

Miller Canfield

CFIUS Review Authority Expands

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New U.S. Treasury rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign direct investment in the United States take effect on Feb. 13. Our summary of the new...more

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