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Proposed Rules FIRRMA National Security

Dechert LLP

New Proposed Rule Highlights Recent National Security-Related Scrutiny of Foreign Investment in Real Estate

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The U.S. Department of the Treasury (“Treasury”), the Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), has released a Notice of Proposed Rulemaking (“NPRM”) to expand CFIUS’...more

Dechert LLP

Biden Administration Unwinds Chinese Real Estate Investment Near Military Base

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The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more

Holland & Knight LLP

Treasury Department Issues Proposed Rule to Enhance CFIUS Procedures, Enforcement Authorities

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Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

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What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - May 2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ Proposed Rule: More Questions, Tighter Time Frames and Higher Penalties

On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to...more

Dechert LLP

CFIUS’ Proposed Rules Enhance its Enforcement Authority

Dechert LLP on

The U.S. Department of Treasury (“Treasury”), which is Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a Notice of Proposed Rulemaking on April 11, 2024 (“NPRM”) meant...more

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

Holland & Knight LLP on

The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

BakerHostetler on

Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Land Deals Near Military Installations

Wiley Rein LLP on

On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more

Moore & Van Allen PLLC

New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses

Moore & Van Allen PLLC on

The U.S. Department of the Treasury (“Treasury”) recently published a proposed rule that would modify the mandatory filing requirements in place throughout the pilot program for certain foreign investment transactions subject...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Moore & Van Allen PLLC

Treasury Department Publishes Proposed Rule on CFIUS Filing Fees

Moore & Van Allen PLLC on

Further implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“), the U.S. Department of the Treasury recently published a proposed rule to establish filing fees for parties filing voluntary...more

Dechert LLP

Implementing FIRRMA: CFIUS Proposes Filing Fees for Transaction Notices 

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On March 4, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released a proposed rule to establish for the first time filing fees for CFIUS...more

Sheppard Mullin Richter & Hampton LLP

Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds

My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data? This is a critical...more

Proskauer Rose LLP

CFIUS Proposed Rules Target Critical Technology, Sensitive Personal Data and Real Estate

Proskauer Rose LLP on

On September 17, 2019, the Department of the Treasury issued long-awaited proposed rules implementing many of the provisions of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which substantially...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

Jones Day

Facing FIRRMA: Expanded CFIUS Jurisdiction Over Real Estate Transactions

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury") proposed regulations that for the first time subject certain real estate transactions to the jurisdiction of the Committee on Foreign Investment in the United...more

Jones Day

Facing FIRRMA: Proposed Regulations Expand Scope of CFIUS National Security Review Process

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury") proposed regulations that expand the jurisdiction of the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") to review foreign...more

A&O Shearman

M&A Watch: New Regulations Significantly Expand CFIUS Reach

A&O Shearman on

The Committee on Foreign Investment in the United States (CFIUS) last week added considerable teeth to its powers through draft regulations implementing key provisions of the Foreign Investment Risk Review Modernization Act...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Expands CFIUS Jurisdiction to Real Estate Investments That Pose a National Security Risk; Could Have Major Impacts...

What is CFIUS? The Committee on Foreign Investment in the United States, or CFIUS, is an interagency committee chaired by the Secretary of the Treasury which is authorized to review and approve transactions involving foreign...more

McDermott Will & Emery

Expanded CFIUS Review over Non-Controlling Foreign Investments in US Businesses and Foreign Investments in Certain US Real Estate

McDermott Will & Emery on

The US Treasury Department issued proposed regulations that would “comprehensively” implement legislation passed last year, FIRRMA, to broaden the jurisdiction of CFIUS. Interested parties have until October 17 to file...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Proposed CFIUS Regulations to Implement FIRRMA

• The U.S. Department of Treasury released proposed rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) on September 17, 2019. Among other measures, these rules would establish how the Committee...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

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