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Risk Mitigation Foreign Investment

Holland & Knight LLP

Everyone Come to Play: Exploring FOCI Mitigation Instruments

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In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Continues to Expand Its Authority and Increase Enforcement Activity

The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...more

Sheppard Mullin Richter & Hampton LLP

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...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

K&L Gates LLP

The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand...

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On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The...more

Akerman LLP

Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

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On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Oberheiden P.C.

CFIUS Compliance Tips for 2024

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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

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

Foley & Lardner LLP

Webinar Key Takeaways: The New Biden Executive Order on Foreign Investment

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Foley recently cohosted a webinar with 4thly featuring a panel of legal and policy experts addressing President Biden’s New Outbound Investment Screening Program....more

WilmerHale

US Government Reviews Record Foreign Investments for National Security Risk

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The Committee on Foreign Investment in the United States (CFIUS) reviewed a record number of transactions for national security risks in 2022: 440 covered transactions, up from 436 transactions in 2021, according to its...more

American Conference Institute (ACI)

[Event] 9th National Conference on CFIUS - April 13th - 14th, Arlington, VA

Hosted by American Conference Institute (ACI), the 9th National Conference on CFIUS returns for another exciting year with curated programming and an impressive lineup of leaders from government, industry and private practice...more

Ankura

[Webinar] Inside Perspectives on the New CFIUS Enforcement Guidelines - November 8th, 12:00 pm - 1:30 pm EDT

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On October 20, 2022, the Committee on Foreign Investment in the United States (“CFIUS”) issued new Enforcement and Penalty Guidelines (the “Guidelines”). The Guidelines follow closely on the heels of an executive order...more

BCLP

Banking Bites - October 2022

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Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

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President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

Dorsey & Whitney LLP

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

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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

Torres Trade Law, PLLC

Key Takeaways from the CFIUS Annual Report for 2021

On Tuesday, August 2, 2022, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee) released its Annual Report to Congress for calendar year 2021. The report, replete with charts, tables, and...more

Holland & Knight LLP

5 Key Takeaways from the 2022 Inaugural CFIUS Conference

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The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more

Hogan Lovells

Building a resilient tech strategy: Joint ventures

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Building a resilient tech strategy is crucial to keep on top of the game. Most businesses, if they are not using technology already are probably looking into ways of using it to stay ahead of the pack. However, if your core...more

Jones Day

Another Sweeping Wave of Resource Nationalism in Latin America: How to Protect Your Investment

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Latin America is experiencing a new wave of resource nationalism and government intervention, as more populists come to power spurred on by ideological shifts and indigenous movements....more

Torres Trade Law, PLLC

When CFIUS Mitigation Agreements and FOCI Reviews Overlap: A Critical Balancing Act

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On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security...more

Dorsey & Whitney LLP

The UK National Security and Investment Act 2021: A New Regime For Acquisition and Investment Transactions: Update

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There have been a number of key developments in the evolution of the UK’s national security regime since our e-bulletin earlier this year (UK to Adopt New Powers Over M&A Activity To Protect National Security). First and...more

Wiley Rein LLP

[Webinar] What Do U.S. Businesses Need to Know About Economic Sanctions? - September 15th, 1:00 pm - 2:00 pm EDT

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The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) administers economic sanctions on several countries as well as restrictions targeting terrorists, narcotics traffickers, cyber criminals, and other...more

White and Williams LLP

CFIUS 2020 Annual Report

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In July 2021, the Committee on Foreign Investment in the United States (CFIUS) released its annual report to Congress. The report covers transactions filed with CFIUS for the calendar year 2020 and describes the CFIUS process...more

Vinson & Elkins LLP

Force Majeure In Emerging Markets: Mitigating Risk For Construction And Energy Investors

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Although emerging markets offer a wealth of investment opportunities, political instability and government responses to adverse events present risks for foreign investors. This article considers key dispute risks related to...more

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