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National Security Defense Production Act Committee on Foreign Investment in the United States

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Wiley Rein LLP

President Biden Forces Divestment of Chinese-Owned MineOne Cryptocurrency Mining Facility Near F.E. Warren AFB

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On May 13, 2024, President Biden took the rare step of issuing a Presidential decision ordering the divestment of Chinese-owned real estate located near the Francis E. Warren Air Force Base (Warren AFB) in Wyoming and the...more

Wiley Rein LLP

Treasury Proposes Stronger CFIUS Penalties, Broader Subpoena and Enforcement Powers

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The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more

Oberheiden P.C.

National Security in the Age of Blockchain

Oberheiden P.C. on

Blockchain presents unprecedented challenges around national security. This is true not only for the federal government, but also for businesses in the private sector. From cross-border transactions involving cryptocurrency...more

Torres Trade Law, PLLC

Five Key Takeaways from the 2023 CFIUS Conference

Torres Trade Law, PLLC on

On September 14, 2023, the U.S. Department of the Treasury held the annual Committee on Foreign Investment in the United States (“CFIUS”) Conference in Washington, DC. The interagency Committee is tasked with reviewing...more

Foley Hoag LLP

CFIUS Year in Review

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CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...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

A&O Shearman

U.S. bolsters national security reviews of in-bound foreign investment

A&O Shearman on

President Biden recently issued “formal Presidential direction” on the risks that the United States will consider when evaluating in-bound foreign investment....more

Morgan Lewis

Biden Issues CFIUS Executive Order: What Has Changed and What Remains the Same

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President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more

Skadden, Arps, Slate, Meagher & Flom LLP

Executive Order Reinforces CFIUS’ Broad Authority To Identify National Security Risks

On September 15, 2022, President Joe Biden issued an executive order (EO) “on ensuring robust consideration of evolving national security risks” by the Committee on Foreign Investment in the United States (CFIUS or the...more

Dorsey & Whitney LLP

CFIUS Annual Report - A Banner Year for Filings and Inquiries to Parties of Non-Notified Transactions

Dorsey & Whitney LLP on

The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more

ArentFox Schiff

As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

ArentFox Schiff on

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more

King & Spalding

Biden Administration Issues 100-Day Supply Chain Report

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Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging - On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more

Davis Wright Tremaine LLP

Treasury Department Proposes Two CFIUS Rules Implementing FIRRMA

On September 17, 2019, the Department of the Treasury issued two Proposed Rules intended to implement changes made by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to the Defense Production Act of 1950...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Proposes Rules to Implement FIRRMA

Key Takeaways: • Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”). • Critical technologies is...more

Hogan Lovells

Private equity funds, venture capital funds, hedge funds, and other investment funds receive carve-outs from expanded CFIUS...

Hogan Lovells on

The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign...more

Orrick, Herrington & Sutcliffe LLP

Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations

On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume IX –...

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility...more

Cadwalader, Wickersham & Taft LLP

Investing in the United States: CFIUS Concerns for Chinese Investors

On February 26, 2015, the Committee on Foreign Investment in the United States (“CFIUS”) - the interagency body charged with reviewing the impact on U.S. national security of any merger, acquisition or takeover that could...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Court Finds CFIUS Violated Ralls Corporation’s Due Process Rights"

On July 15, 2014, the United States Court of Appeals for the District of Columbia remanded Ralls Corporation’s (Ralls) precedent-setting case against the Committee on Foreign Investment in the United States (CFIUS or the...more

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