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New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...more

Proposed Changes To CFIUS Mandatory Filing Requirements Highlight The Critical Role Of U.S. Export Controls

When the Committee on Foreign Investment in the United States (CFIUS) introduced the critical technologies “pilot program” in 2018, many foreign investors and U.S. companies gained an appreciation for the pivotal role U.S....more

Impact Of U.S.-China Trade Tensions And U.S. National Security Concerns On PE Funds

Heightened U.S. national security concerns and trade tensions with China have resulted in new and expanded U.S. regulations that have created barriers for Chinese buyers seeking to acquire assets in the U.S. A number of years...more

CFIUS Filing Fees Become Reality

The U.S. Department of the Treasury (“Treasury”) announced that on Friday, May 1, 2020, the first-ever filing fees will become effective for joint voluntary notices submitted to the Committee on Foreign Investment in the...more

A Formalized Team Telecom: White House Establishes Committee To Review Foreign Ownership Or Control In U.S. Telecom Sector

At a time of heightened concern about foreign ownership or control of U.S. telecommunication networks and supply chains, President Trump issued an Executive Order (“EO”) on April 4, 2020 formalizing the interagency Team...more

CFIUS Notices To Become Subject To First-Ever Filing Fees

On March 4, 2020, the U.S. Department of the Treasury (Treasury) issued a proposed rule to establish–for the first time–filing fees for parties submitting jointly voluntary notices to the Committee on Foreign Investment in...more

The Dealmaker’s Guide To The New CFIUS Framework

It seems there’s never a dull moment in the U.S.-China bilateral relationship. Public markets relaxed following easing tensions in the trade war with China with the announcement of the parties’ Phase I trade agreement, signed...more

Key M&A Trends For 2020

Global M&A made another strong showing in 2019, as stock markets, while at times bumpy, rose to new highs, private equity firms raised record funds, and companies searched for growth and ways to address technological and...more

Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced

The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in...more

U.S. Department Of Commerce Imposes Immediate Export Controls On Artificial Intelligence Software Used To Automatically Detect And...

On January 6, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration Regulations (EAR) to place new restrictions on the export of...more

DOJ Clarifies Incentives for Voluntary Self-Disclosures of Export Control and Sanctions Violations

On December 13, 2019, the Department of Justice’s National Security Division (“NSD”) announced a revised policy to encourage voluntary self-disclosures (“VSDs”) of criminal violations of export control and sanctions laws. The...more

Congress Pulls the Trigger on Russia’s Nord Stream 2 and TurkStream Pipeline Projects

As it nears the end of the calendar and legislative year, Congress is preparing to take long-awaited action to kill Russia’s Nord Stream 2 and TurkStream natural gas pipeline projects – months before Nord Stream 2’s...more

Congress Adds Potential U.S. Sanctions on Hong Kong to Escalating U.S.-China Tensions (Chinese Edition)

As another sign of the escalating tensions between the United States and China, in addition to the long-running trade war, China this week suspended visits to Hong Kong by the U.S. military and vowed to impose sanctions on a...more

Congress Adds Potential U.S. Sanctions on Hong Kong to Escalating U.S.-China Tensions

As another sign of the escalating tensions between the United States and China, in addition to the long-running trade war, China this week suspended visits to Hong Kong by the U.S. military and vowed to impose sanctions on a...more

Foreign Investment 2020 (Part Two): Proposed Regulations Will Expand CFIUS's Review of Real Estate Transactions and Bring More...

On September 24, 2019, the U.S. Department of the Treasury ("Treasury") published in the United States Federal Register the proposed regulations developed by the United States Committee on Foreign Investment (CFIUS) to...more

Foreign Investment 2020 (Part 4): Who’s In, Who’s Out, and Why It Matters

This is the fourth in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New...more

Foreign Investment 2020 (Part 3): CFIUS Spotlight on “TID” U.S. Businesses

This is the third in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more

Commerce Adds 28 Chinese Organizations to the Entity List for Associations with Human Rights Violations and Abuses

The U.S. Department of Commerce (“Commerce”) has added 28 Chinese organizations to the Bureau of Industry and Security (BIS) Entity List, a move that effectively cuts off these entities from directly or indirectly acquiring...more

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

Foreign Investment 2020 (Part 2): Proposed Regulations Would Expand CFIUS Review of Real Estate Transactions, Provide More...

This is the second in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more

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

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more

Commerce Issues Narrow License for Certain Transactions with Huawei

An Attempt to Limit the Strain on the Telecom Sector, but Broad Prohibition on Exports Remains - The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general licenseexempting a set...more

Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei From U.S. Technology, With More Restrictions Coming

The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Entity List,” a move that effectively cuts off Huawei from directly...more

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