Prohibitions targeted to prevent China’s exploitation of dual-use technology -
On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more
8/15/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Compliance ,
Covered Transactions ,
Debt Financing ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Joe Biden ,
National Security ,
Penalties ,
Policies and Procedures ,
Screening Procedures ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Companies need to be aware of filing requirements before taking foreign money -
On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more
3/15/2023
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enforcement ,
Executive Orders ,
FDIC ,
Filing Requirements ,
Foreign Entities ,
Foreign Investment ,
Investment ,
National Security ,
Popular
Publication indicates a more robust enforcement posture -
On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more
11/2/2022
/ Aggravating Factors ,
CFIUS ,
Enforcement ,
Failure-to-File ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Good Faith ,
Investment ,
Material Misstatements ,
Mitigating Factors ,
Negligence ,
Omissions ,
Penalties ,
Remediation ,
Self-Disclosure Requirements ,
Subpoenas ,
Transparency ,
U.S. Treasury
Ensuring a responsive CFIUS in an evolving national security landscape -
On September 15, 2022, President Biden signed an Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the...more
9/20/2022
/ Artificial Intelligence ,
Biotechnology ,
CFIUS ,
Clean Energy ,
Climate Change ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Investment ,
Infrastructure ,
National Security ,
Supply Chain
Climate Change Litigation on the Horizon with Trump Environmental Overhaul -
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more
9/18/2020
/ CEQ ,
CFIUS ,
Climate Change ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
Gulf Cooperation Council (GCC) ,
Indonesia ,
Infrastructure ,
Joint Venture ,
Middle East ,
NEPA ,
Oil & Gas ,
OPEC ,
Petrochemicals ,
PFAS ,
Pipelines ,
Russia ,
Saudi Arabia ,
Solar Farm ,
Toxic Substances Control Act (TSCA) ,
United Arab Emirates (UAE) ,
Waste-to-Energy ,
Wind Farm
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
8/27/2020
/ Bankruptcy Code ,
CFIUS ,
Convertible Debt ,
Cybersecurity ,
Debt Restructuring ,
Distressed Assets ,
Final Rules ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
National Security ,
Popular ,
Real Estate Investments ,
Safe Harbors
On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became...more
Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM -
We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more
10/14/2019
/ Arbitration ,
CFIUS ,
Climate Change ,
DIFC ,
Energy Policy ,
Energy Sector ,
Energy Summit ,
Foreign Investment ,
Human Rights ,
Oil & Gas ,
Project Finance
On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more
9/19/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Personal Data ,
Personally Identifiable Information ,
Proposed Rules ,
Real Estate Transactions ,
Technology Sector
The Impact of the New Democratic House Majority On The Administration’s Trade Policy -
On November 6, 2018, in the mid-term elections, Democrats took control of the U.S. House of Representatives by winning approximately...more
12/19/2018
/ Aluminum Sales ,
CFIUS ,
EU ,
Foreign Investment ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration ,
UK ,
UK Brexit ,
USTR ,
WTO
On November 10, 2018, the Committee on Foreign Investment in the United States (“CFIUS”) began implementation of significant provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), starting with the...more
On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (“FIRRMA”), which enacts significant reforms to the Committee on Foreign Investment in the United States (“CFIUS”)....more
As we noted previously, Congress is considering legislation to reform the process associated with review by the Committee on Foreign Investment in the United States (CFIUS) of inbound foreign investments with potential...more
U.S. Department Of Commerce Releases Reports And Recommendations In Steel, Aluminum National Security Investigation -
On February 16, the U.S. Department of Commerce (Commerce) released its reports and recommendations to...more
3/14/2018
/ Aluminum Sales ,
CFIUS ,
Foreign Investment ,
Free Trade Agreements ,
GSP Regime ,
Infrastructure ,
NAFTA ,
National Security ,
Steel Industry ,
Tariffs ,
Trump Administration ,
U.S. Commerce Department ,
UK ,
UK Brexit
The interagency Committee on Foreign Investment in the United States (CFIUS) reviews inbound foreign investment for national security concerns. In particular, CFIUS reviews transactions that would result in foreign “control”...more