News & Analysis as of

Trump Administration Foreign Investment

Foley Hoag LLP - White Collar Law &...

A Preview of SEC, CFTC, AML, Sanctions and CFIUS Enforcement Priorities Under the Second Trump Administration

As the incoming Trump administration prepares to take office, businesses and investors can expect significant shifts in the enforcement priorities of the Securities and Exchange Commission (SEC) and the Commodity Futures...more

Lowenstein Sandler LLP

Trade Matters - August 2021

1. Biden Administration Trade Posture- The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more

Gibney Anthony & Flaherty, LLP

Biden Administration Revives International Entrepreneur Immigration Program

The Department of Homeland Security (DHS) announced it is restoring the Obama-era International Entrepreneur Rule (IER), allowing certain foreign national entrepreneurs the opportunity to launch qualifying start-up...more

Morrison & Foerster LLP

Biden Administration Carries Forward Trump Era Executive Order Scrutinizing Imports And Sales Of Certain Communications Technology...

On March 22, 2021, the Department of Commerce (“Commerce”) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became...more

Miller Canfield

Recent Developments on U.S. Ban on American Investment in Chinese Military Companies

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This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters. OFAC's Frequent Asked Questions -...more

WilmerHale

OFAC Issues Guidance on Sanctioned Chinese Military Companies

WilmerHale on

On December 28, 2020, the Department of the Treasury Office of Foreign Assets Control (OFAC) published awaited guidance on the implementation of Executive Order (EO) 13959, “Executive Order on Addressing the Threat from...more

Jones Day

New Executive Order Bars Certain U.S. Investments in Chinese "Military Companies"

Jones Day on

On November 12, 2020, President Trump issued an Executive Order titled "Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies," which will prohibit U.S. persons from participating...more

K2 Integrity

Policy Alert: United States Prohibits Investment in Chinese Companies with Military Ties

K2 Integrity on

On November 12, 2020, President Trump issued an Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies (the “Investment EO” or the “EO”).1 The Investment EO may...more

Dorsey & Whitney LLP

Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military

Dorsey & Whitney LLP on

On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more

Miller Canfield

President Trump Bans American Investment in Chinese Military Companies

Miller Canfield on

On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more

ArentFox Schiff

Trump Administration Bars Investments by US Persons in Communist Chinese Military Companies

ArentFox Schiff on

In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments. On November 12, 2020,...more

Husch Blackwell LLP

Executive Order Prohibits U.S. Persons From Investing In “Communist Chinese Military Companies”

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President Trump issued an Executive Order (“E.O.”) on November 12, 2020 titled “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The E.O., which will be published in the...more

Hogan Lovells

Foreign investors harmed by trade measures may find relief by bringing investment arbitration claims

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A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international...more

Wiley Rein LLP

White House Strategy on Critical and Emerging Technologies Previews Regulation and Possible Export Controls

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On Thursday, October 15, 2020, the White House released a national strategy to ensure that the United States remains a global leader in developing critical and emerging technologies (C&ET). The document lays out high-level...more

Dechert LLP

CFIUS Finalizes Changes to Mandatory Declaration Regulations

Dechert LLP on

President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018. FIRRMA made several substantial changes to the CFIUS process and expanded the scope of the...more

A&O Shearman

CFIUS and Beyond – Navigating the Complicated Universe of Regulatory and Other Constraints Related to US National Security

A&O Shearman on

The reach and authority of the U.S. government over what it considers to be national security concerns is broad, increasing and often not subject to judicial appeal. In response to mounting threats to the personal, economic...more

Orrick, Herrington & Sutcliffe LLP

U.S. President’s Working Group Proposes Tougher Listing Rules for Chinese Companies

In response to U.S. President Trump’s June 4 Memorandum calling for “firm, orderly action to end the Chinese practice of flouting American transparency requirements without negatively affecting American investors and...more

Sheppard Mullin Richter & Hampton LLP

UPDATE: National Security Meets Teenage Dance Battles: U.S. Increases Pressure on ByteDance Sale of TikTok

The Takeaway: Severe restrictions on ByteDance’s Sale of TikTok should be a warning to media and tech companies with foreign ownership, particularly Chinese investment, to know your risks and mitigate them before the...more

White & Case LLP

CFIUS Annual Report for 2019 Shows Key Trends; TikTok Faces CFIUS Review and, Together with WeChat, Other US Restrictions

White & Case LLP on

In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more

Troutman Pepper

Trump’s Ban on TikTok and WeChat May Affect Popular Video Game Companies and More

Troutman Pepper on

On August 6, 2020, President Trump issued two executive orders banning widely used Chinese social media services TikTok and WeChat. Citing national security concerns due to the applications’ abilities to automatically capture...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – July 2020 #2

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In Washington: The House unanimously passed a bill to revive the $670 billion small business aid program hours after it shut down on Wednesday, extending the Paycheck Protections Program (PP) until Aug. 8. The Senate had...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — Well I Do Declare: Mandatory Declarations Everywhere

On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule that removes a restriction formerly in the...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — CFIUS Scrutiny in Biotech: The Ekso Case and the Eye of the Terminator

Robotic exoskeletons may augment human strength, endurance, and mobility. The latest CFIUS action has all the makings of a Terminator movie. This month, the Committee on Foreign Investment in the United States (“CFIUS”)...more

Dechert LLP

CFIUS Publishes Proposed Rule to Change Mandatory Declaration Requirements

Dechert LLP on

President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018, which made several substantial changes to the CFIUS process and expanded the scope of the Committee’s...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

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