Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
1/6/2023
/ Australia ,
Batteries ,
Biden Administration ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Defense Sector ,
Electric Vehicles ,
Electricity ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Rights ,
Minerals ,
Mining ,
National Security ,
Popular ,
Rare Earth Metals ,
Semiconductors ,
Supply Chain ,
Wind Power
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
The Committee on Foreign Investment in the United States (CFIUS) released the first-ever CFIUS Enforcement and Penalty Guidelines (Guidelines) on Oct. 20, 2022, providing the public a roadmap describing three categories of...more
President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more
9/20/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
OSTP ,
Personally Identifiable Information ,
Popular ,
Supply Chain
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...more
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more
8/24/2022
/ CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
International Trade ,
National Security
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
7/6/2022
/ Big Data ,
CFIUS ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Investment ,
National Intelligence Agencies ,
National Security ,
Risk Mitigation ,
U.S. Commerce Department ,
U.S. Treasury
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on May 23, 2022, published in the Federal Register a proposed rule that would place unilateral export controls on four naturally occurring marine toxins...more
In a letter sent to President Joe Biden on April 19, 2022, the Republican-led, special congressional task force known as the China Task Force (CTF) expressed concerns over the takeover of Newport Wafer Fab (NWF), a Welsh...more
5/24/2022
/ Acquisitions ,
Biden Administration ,
CFIUS ,
China ,
Export Controls ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Semiconductors ,
State-Owned Enterprises ,
UK
The U.S. Department of State published a proposed rule on Feb. 2, 2022, that suggests amendments to the International Traffic in Arms Regulations (ITAR). Though some changes are to correct internal inconsistencies and...more
For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more
1/19/2022
/ Acquisitions ,
BEIS ,
CFIUS ,
Critical Infrastructure Sectors ,
Enterprise Act 2002 ,
Filing Requirements ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Intellectual Property Protection ,
National Security ,
UK ,
Voting Rights
During the first week of January, the Committee on Foreign Investment in the United States (CFIUS), chaired by the U.S. Department of the Treasury (Treasury), published a series of rules and notices regarding the definitions...more
1/7/2022
/ Australia ,
Canada ,
CFIUS ,
Defense Production Act ,
Excepted Investors ,
Final Rules ,
Foreign Acquisitions ,
Foreign Investment ,
New Zealand ,
Time Extensions ,
UK
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) recently published a Request for Public Comments regarding the newly formed Export Control Working Group of the U.S.-European Union (EU) Trade and...more
12/29/2021
/ Bilateral Agreements ,
Bureau of Industry and Security (BIS) ,
Comment Period ,
EU-US Trade ,
Export Controls ,
Exports ,
Public Comment ,
Regulatory Agenda ,
Trade Agreements ,
Trade Relations ,
U.S. Commerce Department ,
Working Groups
The U.S. Department of the Treasury (Treasury) published a notice to the public on Dec. 8, 2021, that it is commencing a mandatory survey of foreign securities ownership beginning Dec. 31, 2021. The survey is mandatory for...more
The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more
6/14/2021
/ Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Mobile Apps ,
National Security ,
Personal Data ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
The U.S. government officially removed Chinese smartphone maker Xiaomi Corp. from its blacklist, ending the Trump-era ban prohibiting Americans from investing in the company. In their joint filing in the U.S. District Court...more
The U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) might have left many vessel operators wondering how to avoid an economic sanctions violation when OFAC added Venezuela's maritime authority,...more
The U.S. Department of Commerce Bureau of Industry and Security (BIS) published a final rule on Jan. 19, 2021, amending the Export Administration Regulations (EAR) to implement the rescission of Sudan's designation as a State...more
President Donald Trump issued a new executive order – Executive Order Addressing the Threat Posed By Applications and Other Software Developed or Controlled By Chinese Companies – on Jan. 5, 2021, prohibiting any transaction...more
The U.S. Department of Commerce Bureau of Industry and Security (BIS) on Dec. 23, 2020, amended the Export Administration Regulations (EAR) to remove Hong Kong as a separate destination listed in the EAR....more
In a final rule effective Feb. 24, 2021, the U.S. Department of Defense (DoD) codified the National Industrial Security Program Operating Manual (NISPOM) in Title 32, Part 117 of the Code of Federal Regulations. Of primary...more
President Donald Trump on June 4, 2020, issued the Presidential Memorandum on Protecting United States Investors from Significant Risks from Chinese Companies. It directs the President's Working Group on Financial Markets...more