News & Analysis as of

National Security Covered Transactions Jurisdiction

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

Latham & Watkins LLP on

The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

Holland & Knight LLP on

Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

Jackson Walker

Exceptions to Coverage for “Excluded” Foreign Investors and States and Investment Funds From the Expanded CFIUS Jurisidiction

Jackson Walker on

As discussed in the initial article on the new CFIUS regulations, there are two important exceptions from coverage that need to be evaluated in determining what, if any, steps need to be taken to ensure compliance with the...more

Jackson Walker

CFIUS Begins Review Process for Real Estate Transactions by a Foreign Investor

Jackson Walker on

Growing concern about foreign surveillance and intelligence gathering led Congress to provide CFIUS with authority to review real estate transactions by foreign parties when it passed FIRRMA... Prior to FIRRMA, CFIUS began to...more

Jackson Walker

New Rules Expand CFIUS Jurisdiction Over Foreign Investment in U.S. Businesses and Real Estate

Jackson Walker on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews mergers, acquisitions, and takeovers by foreign persons of U.S. companies and assets that have the potential to pose...more

Kelley Drye & Warren LLP

CFIUS finalizes expanded jurisdiction over foreign transactions in U.S. real estate

On January 17, 2020, the U.S. Treasury Department published final rules in the Federal Register implementing the Foreign Risk Review Modernization Act (“FIRRMA”), one of which implements FIRRMA’s provisions regarding foreign...more

White and Williams LLP

Final Regulations Expanding CFIUS Jurisdiction Over Investments by Foreign Persons

White and Williams LLP on

On January 13, 2020, the U.S. Treasury Department issued final regulations (the Regulations) expanding the scope of foreign investments subject to review by the Committee on Foreign Investment in the United States (CFIUS)...more

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

Hogan Lovells on

After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...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

Goulston & Storrs PC

CFIUS Jurisdiction over Real Estate Transactions Expanded: Foreign Investors Should Take Notice

Goulston & Storrs PC on

The Trump administration continues to expand the powers of the US government to block foreign investment in the U.S. on national security grounds. In 1975, President Gerald Ford established the Committee on Foreign Investment...more

Akin Gump Strauss Hauer & Feld LLP

New CFIUS Law: Key Issues Affecting the Energy Sector

• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more

White and Williams LLP

New Law Significantly Expands CFIUS Jurisdiction and Mandates Declaration to CFIUS for Certain Transactions

On August 13, 2018, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2019 that contains the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the first significant reform...more

Fenwick & West LLP

Shaking up Terra FIRRMA: Implications of CFIUS Reform for Tech and Life Sciences Companies

Fenwick & West LLP on

The shadow cast over the technology industry by the Committee on Foreign Investment in the U.S. has been growing in recent years, resulting in the blocking of various high-profile technology deals—including Broadcom’s...more

Holland & Knight LLP

FIRRMA Expands CFIUS Jurisdiction in 2 Major Ways - New Law Shifts Emphasis from "Control" to "Influence" and Brings Real Estate...

Holland & Knight LLP on

• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more

Akin Gump Strauss Hauer & Feld LLP

The CFIUS Reform Legislation—FIRRMA—Will Become Law on August 13, 2018

CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more

Orrick, Herrington & Sutcliffe LLP

Ten Key Points About CFIUS And Export Control Reform

Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more

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