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U.S. Treasury Proposed Regulation National Security

Hogan Lovells

U.S. Treasury Department issues Notice of Proposed Rulemaking on outbound investment

Hogan Lovells on

On June 21, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) for the U.S. outbound investment security program. The NPRM proposes draft regulations that prohibit certain, and...more

Sheppard Mullin Richter & Hampton LLP

Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions

As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions....more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Treasury Department Issues Proposed Rulemaking for Forthcoming Outbound Investment Program

The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more

Morgan Lewis

Treasury Issues Proposed Regulations to Restrict and Track US Outbound Investment in China

Morgan Lewis on

Almost a year after President Joseph Biden issued an executive order requiring new regulations to restrict and track US investment in China, the US Department of the Treasury released proposed rules. The draft regulations are...more

Eversheds Sutherland (US) LLP

Treasury releases proposed Outbound Investment Security Program rules

On June 21, 2024, the US Department of the Treasury (Treasury) released proposed new federal regulations (Proposed Rules) that, if implemented, would prohibit or require notification of a broad range of outbound investment...more

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

Latham & Watkins LLP on

The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Issues Proposed Regulations Prohibiting Certain US Investment in Chinese Technology Companies

The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more

K&L Gates LLP

US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

K&L Gates LLP on

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess...more

White & Case LLP

FinCEN Again Proposes Sweeping AML Requirements for Registered Investment Advisers & ERAs

White & Case LLP on

On February 13, 2024, FinCEN proposed a long-awaited rule to combat illicit finance and national security threats in the asset management industry. The new rule would impose similar requirements on investment advisers that...more

WilmerHale

White House Orders New Rules on U.S. Outbound Investment

WilmerHale on

The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more

Jones Day

CFIUS To Base Mandatory Critical Technology Reviews on Export Control Criteria

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") recently issued proposed regulations that will alter and in some cases expand the scope of critical technology foreign investments subject to...more

A&O Shearman

CFIUS Proposes Filing Fees for Transaction Reviews

A&O Shearman on

The U.S. Department of the Treasury late yesterday released a draft set of regulations that would establish, for the first time, filing fees for most transactions submitted to the Committee on Foreign Investment in the United...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Final Regulations Implementing CFIUS Reform

Key Points - On January 13, 2020, the U.S. Department of Treasury released final rules implementing FIRRMA, which reforms the CFIUS framework. These rules will take effect on February 13, 2020. - The final rules...more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

ArentFox Schiff on

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Dorsey & Whitney LLP

CFIUS and Its Proposed Regulations Expanding Jurisdiction - Foreign Investment in the United States will Face More National...

Dorsey & Whitney LLP on

The U.S. Department of the Treasury’s Office of Investment Security published proposed regulations on September 24 (“Proposed Regulations”). Under the Proposed Regulations, more foreign investment transactions will be subject...more

Morrison & Foerster LLP

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations (Chinese Edition)

After more than a year of anticipation, the U.S. Department of the Treasury (“Treasury”) has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations...more

White & Case LLP

CFIUS: Proposed FIRRMA Regulations Define CFIUS's Expanded Jurisdiction and Mandatory Filing Requirements

White & Case LLP on

On September 17, the US Department of the Treasury issued comprehensive proposed regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This alert describes key aspects of the proposed...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

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ New Proposed Regulations

Dechert LLP on

On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued two proposed regulations (“Proposed Regulations”) to further...more

Morrison & Foerster LLP

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations

After more than a year of anticipation, the U.S. Department of the Treasury (“Treasury”) has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations...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

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