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Key Takeaways: CFIUS and Other Foreign Investor Considerations for Venture Capital

For venture capital investors, proactive diligence, thoughtful deal structuring, and attention to key shifts in investment regulation are essential, particularly when participating in cross-border transactions or investing in...more

President Issues National Security Memorandum on America First Investment Policy

President Donald Trump on February 21, 2025 issued a National Security Presidential Memorandum titled the America First Investment Policy to provide guidance to executive departments in their review and decision-making with...more

Federal Agencies Ordered to Pause Spending of Inflation Reduction Act, Infrastructure Investment and Jobs Act Funds

President Donald Trump via an executive order titled Unleashing American Energy directed federal executive agencies to pause disbursement of funds appropriated by Biden-era energy, environmental, and infrastructure programs....more

DoD Opens Loan Applications for $1 Billion in Funding for Critical Technologies

The new year has brought with it new funding opportunities from the US government in support of companies developing technologies crucial to national security. On January 2, 2025, the Office of Strategic Capital (OSC) of the...more

US Treasury Issues Final Rule Expanding CFIUS’s Real Estate Jurisdiction

The Committee on Foreign Investment in the United States (CFIUS) finalized a previously proposed rule expanding both the types of military installations covered by its regulations governing reviews of real estate transactions...more

Treasury Proposes Rule to Expand CFIUS’s Real Estate Jurisdiction

The US Department of the Treasury on July 8, 2024 proposed updates to the Committee on Foreign Investment in the United States’s (CFIUS’s) regulations that seek to expand the list of military installations for which proximity...more

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

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

Outbound Investment Review: Little Immediate Effect, but More is Coming

The US government’s multibranch effort to implement a new regulatory regime designed to regulate outbound investments based on national security concerns moved forward with the White House’s August 9, 2023 Executive Order, EO...more

National Security and Real Estate: Mind the Gap Between Federal and State Jurisdiction

Jurisdictional limits on the Committee on Foreign Investment in the United States (CFIUS) regarding the review of certain real estate transactions have led Congress to introduce proposals expanding its jurisdiction and...more

How US-China Tensions Impact Issuer Risk Disclosure

As geopolitical, trade, and investment tensions continue between the United States and China, US issuers should review their current exposure to the China market and adjust their risk factor disclosures on a quarterly basis,...more

Sweeping US Export Controls on Semiconductor, Supercomputer Manufacturing in China Raise Compliance Questions

The US Department of Commerce’s Bureau of Industry and Security (BIS) released an interim final rule (IFR) on October 7, 2022, imposing additional export controls on certain advanced computing and semiconductor manufacturing...more

BIS Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of US Persons

The US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule on January 15 to implement changes to, and impose new licensing obligations under, the Export Administration Regulations...more

Final CFIUS Mandatory Declaration Rule Shifts Focus to Export Control Requirements

US businesses that manufacture or are involved with critical technologies should consider whether they need an export license under the final CFIUS mandatory declaration requirements, effective October 15, 2020....more

CFIUS Says Farewell to NAICS, Hello to Export Licensing in Mandatory Declarations

The Committee on Foreign Investment in the United States’ proposed changes to the mandatory declaration program would expand the potential industries affected by the mandatory declaration requirements, but also narrow the...more

Implications Arising from the Recent Venezuelan Sanctions

Though intended to avoid stifling trade in existing Venezuelan government bonds, the sanctions include restrictions on dealings in certain bonds that could impact bond holders....more

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