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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews foreign investments in U.S. businesses and real estate assets. The primary purpose of a CFIUS review is to examine any...more
Following consideration of comments received from an Advanced Notice of Proposed Rulemaking, on February 16, 2024, FinCEN issued a proposed rule (the “Proposed Rule”) that for the first time would require non-financed...more
FinCEN announced on October 20 that, once again, it is extending the Geographic Targeting Order, or GTO, which requires U.S. title insurance companies to identify the natural persons behind so-called “shell companies” used in...more
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
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
Watch out for the National Security and Investment Act which has now received royal assent although it is still not expected to come fully into force until this Autumn due to the amount of secondary legislation that needs to...more
After the success of cannabis initiatives in the 2020 elections, more and more law firms are fielding questions from their clients about potential transactions in the cannabis industry....more
The CFIUS real estate regulations reflect a new emphasis on real estate transactions based on proximity to military installations and certain critical infrastructure, requiring careful analysis when deciding whether a real...more
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
To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more
The U.S. Department of Treasury has issued final regulations, which became effective February 13, 2020, implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)....more
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
On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject...more
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
The Committee on Foreign Investment in the United States (CFIUS) is authorized to review certain transactions involving foreign investment in the United States to determine the effect of such transactions on national...more
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) amended the rules governing the Committee on Foreign Investment in the United States (CFIUS) to provide the Committee with the authority to review minority...more
On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more
Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the president signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more
A GTO is a Geographic Targeting Order issued by the Financial Crimes Enforcement Network (FinCEN) under the Bank secrecy Act (BSA) for a specific geographic area. ...more
The Committee on Foreign Investment in the United States ("CFIUS") is charged with the responsibility of reviewing potential risks to national security that may result from the consummation of foreign investments in the...more
While the rules regarding CFIUS review have remained largely unchanged over the past decade, CFIUS has operated under a new paradigm in recent years. After the U.S. government blocked just two transactions from its inception...more
On August 22, 2017, FinCEN (Financial Crimes Enforcement Network) published a new Advisory regarding Geographic Targeting Orders (GTOs) covering residential real estate transactions in certain counties or boroughs of New...more
We are pleased to present our last edition of Foundation for the year, and hope that you have enjoyed the issues we have put together in 2016. We have worked hard to provide you with timely and relevant articles in a...more
FinCEN has announced a major expansion and extension of its geographic targeting orders (GTOs) aimed at high-end cash buyers of real estate. This action reflects FinCEN’s continued efforts to prevent money laundering through...more