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Braumiller Law Group, PLLC

Braumiller-Law-Group - June 2024 Newletter

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

Fox Rothschild LLP

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

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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

Wilson Sonsini Goodrich & Rosati

Biden Unveils Executive Order: Outbound Screening Program Restricting China Investments

In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more

Sheppard Mullin Richter & Hampton LLP

New Outbound Investment Restrictions Affect China, Semiconductors, Artificial Intelligence, and Quantum Computing

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

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On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Foley Hoag LLP

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

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On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

Perkins Coie

Mandatory BEA Foreign Investment-Related Surveys Filing Deadlines Fast Approach

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The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce is the government agency that compiles statistics about the U.S. economy, including the U.S. gross domestic product (GDP). BEA also compiles statistics...more

Morgan Lewis

Deadline Approaches for the BE-12 Benchmark Survey for Foreign Direct Investment in the US

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The US Department of Commerce’s Bureau of Economic Analysis’s BE-12 Benchmark Survey for Foreign Direct Investment in the United States is due by May 31, 2023, or June 30, 2023 for reports submitted via eFile....more

Orrick, Herrington & Sutcliffe LLP

Foreign Investment Benchmarking Survey: Deadline Looms for U.S. Companies with Foreign Ownership

U.S. companies with foreign ownership face a June 30 deadline to respond to a survey of foreign investment in the United States. The U.S. government is conducting the 2022 Benchmark Survey of Foreign Direct Investment in the...more

Davis Wright Tremaine LLP

Mandatory Survey of Foreign Direct Investment Due to BEA by May 31, 2023 - Commerce Department Uses Corporate Benchmark Surveys of...

The U.S. Department of Commerce's Bureau of Economic Analysis ("BEA") collects data regarding U.S. multinational enterprise investments and prepares official U.S. economic statistics through a series of quarterly, annual, and...more

Dorsey & Whitney LLP

Foreign-Owned U.S. Companies Must Soon Respond to Federal Survey

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The International Investment and Trade in Services Survey Act ("IITSSA"), 22 USC § 3101 requires the Bureau of Economic Analysis (“BEA”) within the U.S. Department of Commerce to conduct a national survey of foreign direct...more

Lowenstein Sandler LLP

Attention All U.S. Funds and Businesses With Foreign Investment: Required Department of Commerce Filings Due May 2023

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While many U.S. funds and businesses may not be aware of the Bureau of Economic Analysis (BEA) or its reporting requirements, they are still obligated to submit a filing to the BEA by May 2023. The BE-12 benchmark survey is...more

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

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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

Lowenstein Sandler LLP

U.S. Companies Required To Report Foreign Investments: BEA’s Little-Known Reporting Requirements

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Many U.S. companies are unaware that a relatively unknown agency, the Bureau of Economic Analysis (BEA) at the Department of Commerce, administers mandatory reporting requirements that oblige ALL U.S. businesses to file...more

McCarter & English, LLP

Mandatory Deadline To File BE-10 Benchmark Survey Is May 29

The BE-10 Benchmark Survey of U.S. Direct Investment Abroad is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain current economic data on...more

Miller Canfield

BE-10 Benchmark Survey of U.S. Direct Investment Abroad Will Be Due Soon

Miller Canfield on

The BE-10 Benchmark Survey of U.S. Direct Investment Abroad (BE-10 Benchmark Survey) is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain...more

Orrick, Herrington & Sutcliffe LLP

U.S. Companies Nearing Deadline to Report on Direct Investment Holdings Abroad

The U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”) collects statistics related to U.S. international investment and trade in services. This alert summarizes a current BEA reporting requirement related to...more

Proskauer Rose LLP

Due Date Approaching for BE-10 Filing for Certain Hedge Fund, Private Equity and Other Private Fund Managers

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I. Introduction - The BE-10 benchmark survey of U.S. Direct Investment Abroad is a survey conducted every five years by the Bureau of Economic Analysis (the "BEA") of the U.S. Department of Commerce in order to obtain...more

Holland & Knight LLP

Bureau of Economic Analysis Ramps Up Data Gathering

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The Bureau of Economic Analysis (BEA), an agency of the U.S. Department of Commerce, published 10 notices on Jan. 27, 2020, regarding annual and quarterly surveys that track various types of foreign investment into the United...more

Dechert LLP

Senate Passes Substantial Changes to CFIUS and Votes to Re-Impose Sanctions on ZTE

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While the rules regarding CFIUS review have remained largely unchanged over the past decade, CFIUS has operated under a new paradigm in recent years. After the U.S. government blocked just two transactions from its inception...more

Dorsey & Whitney LLP

Foreign-Owned U.S. Subsidiaries Face Imminent Reporting Deadline For Federal Survey

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Under the International Investment and Trade in Services Survey Act ("IITSSA"), 22 U.S.C. Section 3101, the Bureau of Economic Analysis (“BEA”) within the U.S. Department of Commerce mandates that, every five years, certain...more

Akin Gump Strauss Hauer & Feld LLP

Bureau of Economic Analysis Mandatory 2018 BE-12 Survey Reporting Requirement Deadline Approaches

The Bureau of Economic Analysis of the U.S. Department of Commerce (BEA) requires U.S. businesses in which a foreign person or entity owns or controls, directly or indirectly, more than 10 percent of the voting securities (a...more

Kelley Drye & Warren LLP

U.S. Department of Commerce BE-12 Benchmark Survey of Foreign Direct Investment in the U.S. – Paper Responses due May 31, 2018,...

The U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”), conducts numerous surveys collecting economic data on a wide assortment of topics ranging from gross domestic product to domestic travel and tourism to...more

Davis Wright Tremaine LLP

Important Reminder: Required Filing by U.S. Companies With 10 Percent or Greater Foreign Ownership is Due May 31, 2018

The Department of Commerce’s Bureau of Economic Analysis (BEA) requires each U.S. business enterprise in which a foreign person owned or controlled, directly or indirectly, 10 percent or more of the voting securities in an...more

Jones Day

CFIUS Reform Legislation Update

Jones Day on

On May 11, 2018, the U.S. Senate Committee on Banking, Housing and Urban Affairs ("Committee") released a "discussion draft" of the Committee's amendment to the Foreign Investment Risk Review Modernization Act of 2017...more

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