Popular, U.S. Treasury, Executive Orders

New NPRM Augments Executive Order 14105 Affecting Outbound U.S. Investment into China

Dorsey & Whitney LLP on 7/19/2024

The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more

Treasury Issues Draft Regulations for Outbound Investment Security Program; Comments Due August 4

Wiley Rein LLP on 7/16/2024

An August 4 deadline is fast approaching for comments to the U.S. Department of the Treasury’s Notice of Proposed Rulemaking (NPRM) that was issued June 21. The NPRM will restrict, for national security purposes, specific...more

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

Latham & Watkins LLP on 7/2/2024

The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Finally, An Update on Outbound Investment

Dechert LLP on 6/27/2024

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

Proposed "Outbound Investment" Regulations Target Transactions Involving PRC Semiconductor, Quantum, and AI Businesses

Wilson Sonsini Goodrich & Rosati on 6/26/2024

New Regulations Will Require Additional Diligence for a Broad Array of Transactions, Including Many Investments in U.S. and Global Businesses - On June 21, 2024, the U.S. Treasury Department (Treasury) issued a Notice of...more

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

Fox Rothschild LLP on 11/2/2023

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

Biden Restricts Outbound Technology Investments into China

Fox Rothschild LLP on 10/16/2023

A recent executive order issued by President Biden aims to prohibit or oversee investments in certain sensitive technologies that could threaten the national security of the United States. The executive order, which was...more

Long-Awaited Outbound Investment Program Finally Addressed

Seyfarth Shaw LLP on 9/5/2023

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national...more

Biden Administration Unveils New Outbound Investment Security Program, Which Will Prohibit U.S. Investments in China Relating to...

Polsinelli on 8/30/2023

On August 9, 2023, the Biden Administration took the first significant steps towards implementing a new regime to restrict and regulate U.S. investments in certain Chinese technology sectors. The President released...more

Biden Administration Issues Highly Anticipated Executive Order on U.S. Investment in China

Jones Day on 8/22/2023

The Biden administration has issued a long-anticipated executive order targeting U.S. outbound investment in certain Chinese industries; however, significant steps remain before these measures are fully implemented....more

Treasury Proposes New Regulatory Regime For Certain Outbound Investments

A&O Shearman on 8/21/2023

After over a year of anticipation, on August 9, 2023, President Biden issued an Executive Order (“EO”) outlining a new regulatory regime for outbound investments from the United States. The EO targets certain U.S. investments...more

President Biden Orders Establishment of New Program to Restrict US Outbound Investment in Certain Tech Sectors in China

White & Case LLP on 8/18/2023

On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more

A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

Perkins Coie on 8/17/2023

President Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.), on August 9, 2023,...more

Charlie Brown Finally Kicks the Football: US Outbound Investment Program Will Target China’s Semiconductor, Quantum Computing, and...

Goodwin on 8/16/2023

After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more

White House Orders New Rules on U.S. Outbound Investment

WilmerHale on 8/11/2023

The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more

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

Fenwick & West LLP on 8/11/2023

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

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

Foley Hoag LLP on 8/11/2023

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

U.S. Outbound Investment Review Regime Moving Forward

King & Spalding on 3/8/2023

New program may prohibit some U.S. investments in China - On March 3, 2023, the U.S. Departments of the Treasury (“Treasury”) and Commerce (“Commerce”) delivered to Congress separate confidential reports that confirm the...more

Treasury Calls for Enhanced Supervision of Fintech Partnerships

Morrison & Foerster LLP on 12/7/2022

On November 16, 2022, the Department of Treasury (“Treasury”) issued a report titled “Assessing the Impact of New Entrant Non-bank Firms on Competition in Consumer Finance Markets” (“Treasury Report”), which, among other...more

CFIUS Compliance: Your Organization’s Growth and Investment Strategy May Be a Matter of National Security

HaystackID on 11/23/2022

On Thanksgiving of 2014, I received an urgent call asking me to be in London in 24 hours. My assignment was to run the advanced forensics recovery team serving several foreign offices of Sony Pictures in the wake of a...more

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

K2 Integrity on 10/13/2022

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

Biden Administration Significantly Expands CFIUS National Security Factors

Cozen O'Connor on 9/23/2022

On September 15, 2022, President Biden signed an Executive Order (EO), which connects the work carried out by the Committee on Foreign Investment in the United States (CFIUS or the Committee) to the Administration’s national...more

President Biden Executive Order Signal to Industry of CFIUS’s Importance, Without Process Changes

Paul Hastings LLP on 9/22/2022

On September 15, 2022, President Biden issued an Executive Order regarding the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”)....more

Biden Administration Toughens Sanctions, Export Controls in Response to Continued Harmful Activities of the Russian Government

Wiley Rein LLP on 9/21/2022

On September 15, 2022, the Biden Administration announced a new package of sanctions and export controls to hold the Russian government accountable for its war against Ukraine. ...more

US DOJ Responds to Biden Executive Order on Digital Assets

Husch Blackwell LLP on 7/5/2022

On March 9, 2022, President Joseph Biden issued Executive Order 14067, which charged the Department of Justice (in consultation with the Departments of State, Treasury, and Homeland Security) to submit a report on how to...more

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