News & Analysis as of

Investment FIRRMA Foreign Investment

Manatt, Phelps & Phillips, LLP

Proposed Expansion of CFIUS Poses Increased Risks to U.S. Real Estate Investors and Operators

On July 19, 2024, the U.S. Department of the Treasury published a Proposed Rule after first issuing a Notice of Proposed Rulemaking on July 8. The rule seeks to expand the jurisdiction that the Committee on Foreign Investment...more

Proskauer - Regulatory & Compliance

Treasury Department Moves to Expand CFIUS’s Real Estate Jurisdiction & Implement China-Bound Tech Investment Restrictions

The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more

Pillsbury Winthrop Shaw Pittman LLP

All Eyes on China: Upcoming Restrictions on Outbound Investment

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

White & Case LLP

New CFIUS Guidance Negates Use of “Springing Rights” for Mandatory Filings

White & Case LLP on

The Committee on Foreign Investment in the United States (CFIUS) recently issued a new Frequently Asked Question (FAQ) that updates CFIUS's interpretation of the "completion date" for a transaction, which represents a...more

King & Spalding

Treasury Publishes First-Ever CFIUS Enforcement and Penalty Guidance

King & Spalding on

Publication indicates a more robust enforcement posture - On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

HaystackID on

Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

White & Case LLP

White & Case Releases CFIUS FIRRMA Tool 2.0

White & Case LLP on

Two years ago, regulations implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) went into effect, significantly expanding the jurisdiction of the Committee on Foreign Investment in the United States...more

White & Case LLP

FDI on the radar screen

White & Case LLP on

Governments around the world are tightening their scrutiny of foreign direct investments - Recent years have seen an upswing in foreign direct investment (FDI) reviews—a trend that has only accelerated sharply since the...more

Wiley Rein LLP

Treasury Proposes Rule to Delay CFIUS “Excepted Foreign State” Determinations

Wiley Rein LLP on

On November 15, 2021, the U.S. Department of the Treasury (Treasury) published a proposed rule that would modify the definitions of “excepted foreign state” and “excepted real estate foreign state” in its regulations...more

Torres Trade Law, PLLC

CFIUS Heightens Scrutiny of Non-Notified Transactions

Torres Trade Law, PLLC on

For many years, the Committee on Foreign Investment in the United States (“CFIUS”) has had the authority to review non-notified transactions – deals which have not been submitted to CFIUS for review and approval – but until...more

Sheppard Mullin Richter & Hampton LLP

The CFIUS Book: Second Edition (Slight Delay)

The pandemic that has put our world a bit sideways has, as you might expect, set back our publication date. We should have paper copies of the (much anticipated) CFIUS Book: Second Edition available by mid-May 2020. However,...more

K2 Integrity

FAQs on CFIUS and FIRRMA

K2 Integrity on

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

Cadwalader, Wickersham & Taft LLP

Final Regulations on Expanded Authority of CFIUS to Review Foreign Investor Transactions Go into Effect

Eighteen months after President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”) which broadened the power of the Committee on Foreign Investment in the United States (“CFIUS”) to review foreign...more

Morgan Lewis - Health Law Scan

CFIUS Issues Final Regulations Under FIRRMA: Healthcare Industry

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). ...more

Polsinelli

CFIUS: Final FIRRMA Regulations Provide New Challenges, Opportunities for Foreign Investors

Polsinelli on

The Department of Treasury has released the final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which contain significant changes to the process by which the Committee on...more

Stinson - Corporate & Securities Law Blog

CFIUS Excepted Investors: Canada, United Kingdom and Australia

On January 13, 2020, the U.S. Department of Treasury published final regulations relating to the Committee on Foreign Investment in the United States, or CFIUS.  The regulations implement the Foreign Investment Risk Review...more

Orrick, Herrington & Sutcliffe LLP

New CFIUS Rules – Eight Key Points

The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Draft CFIUS Regulations Portend Evolution, Not Revolution

On September 17, 2019, the Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States (CFIUS or Committee), issued two sets of proposed regulations seeking to further implement the...more

Morrison & Foerster LLP

New CFIUS Pilot Program Expands U.S. Government Review of Tech Transactions

Morrison & Foerster LLP on

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and processes of the Committee on Foreign Investment in the United States...more

Morgan Lewis

CFIUS Scratches the FIRRMA Itch – Pilot Programs Begin Early Implementation

Morgan Lewis on

The August 2018 enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA) came after more than two years of debate over the appropriate scope of jurisdiction for the Committee on Foreign Investment in the...more

Stinson - Corporate & Securities Law Blog

Treasury Releases Interim Regulations for FIRRMA Pilot Program

The U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), yesterday issued temporary regulations in connection with the Foreign Investment Risk Review Modernization Act...more

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