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Real Estate Investments FIRRMA

Manatt, Phelps & Phillips, LLP

Proposed Expansion of CFIUS Poses Increased Risks to U.S. Real Estate Investors and Operators

On July 19, 2024, the U.S. Department of the Treasury published a Proposed Rule after first issuing a Notice of Proposed Rulemaking on July 8. The rule seeks to expand the jurisdiction that the Committee on Foreign Investment...more

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

Cadwalader, Wickersham & Taft LLP

After Referral from CFIUS President Biden Prohibits the Purchase of Wyoming Real Estate and Cryptocurrency Facility

On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...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

Update on Florida Law Limiting Persons from "Foreign Countries of Concern"

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Florida enacted Senate Bill (SB) 264 in May 2023, creating Chapter 692, Florida Statutes (the Act), to limit select persons from "foreign countries of concern" from owning, having a controlling interest in or acquiring an...more

Mayer Brown

US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring...

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On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which...more

Wiley Rein LLP

CFIUS Releases 2022 Annual Report as Congress Considers Expanding CFIUS Jurisdiction

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for calendar year 2022. The report shows that the volume of CFIUS filings...more

Torres Trade Law, PLLC

CFIUS Updates: New FAQs Clarify Positions; Possible Expansion of Scope of Real Estate Review

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In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

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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

Womble Bond Dickinson

Expanding Federal and State Restrictions on Foreign Investment in U.S. Real Estate

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With significant press coverage, Florida Gov. Ron DeSantis recently announced that the state would limit the ability of certain non-U.S. persons, businesses, and governments from acquiring agricultural land in Florida....more

King & Spalding

CFIUS, Bankruptcy, Foreclosures, and Debt Restructuring

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Foreign Investment Reviews of Distressed Assets - As discussed in detail in our previous Client Alert, on February 13, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) issued two Final Rules...more

Morgan Lewis

CFIUS’s Final Real Estate Regulations: Still a Largely Voluntary Process

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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

K2 Integrity

FAQs on CFIUS and FIRRMA

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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

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposes Filing Fees

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

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

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The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

Goulston & Storrs PC

Final Regulations Go Into Effect for CFIUS Jurisdiction Expansion

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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

Seyfarth Shaw LLP

Final CFIUS Regulations Became Effective in February 2020

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February 13, 2020 was the effective date (the “Effective Date”) for final regulations issued by the U.S. Department of the Treasury (“Treasury”) on behalf of the Committee on Foreign Investment in the United States (“CFIUS”)....more

Cadwalader, Wickersham & Taft LLP

Final Regulations on Expanded Authority of CFIUS to Review Foreign Investor Transactions Go into Effect

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

Miller Canfield

CFIUS Review Authority Expands

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New U.S. Treasury rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign direct investment in the United States take effect on Feb. 13. Our summary of the new...more

Dorsey & Whitney LLP

CFIUS Expands Foreign Investments Subject to Scrutiny with Significant Carve-out for Canadian, Australian and U.K. Investors

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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

Proskauer Rose LLP

Final CFIUS Rules Issued: What It Means for Real Estate Transactions and Investors

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On January 13, 2020, the U.S. Department of Treasury issued final regulations (the "Final Rules") that implement most of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). These rules were issued in two...more

White & Case LLP

CFIUS Finalizes New FIRRMA Regulations

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Nearly a year and a half after the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was enacted, authorizing the most substantial overhaul of the Committee on Foreign Investment in the United States (CFIUS)...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

Dechert LLP

Implementing FIRRMA: CFIUS’ Real Estate Final Regulations

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On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued a final set of regulations (“Real Estate Final Regulations”) to...more

Steptoe & Johnson PLLC

CFIUS & Foreign Investment in Real Estate

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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

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