This potential expansion of CFIUS’s powers suggests broader congressional concern about attempts by Chinese entities to circumvent CFIUS reviews and access critical technologies.
New legislation may soon expand the...more
In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments.
On November 12, 2020,...more
11/18/2020
/ China ,
Department of Defense (DOD) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
PCAOB ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
U.S. Treasury
The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.
As a refresher, CFIUS is the US Government’s...more
10/16/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
ITAR ,
NAICS ,
Personal Data ,
Proposed Regulation ,
U.S. Treasury ,
US Department of State
Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more
8/12/2020
/ CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Exports ,
Foreign Adversaries ,
Foreign Corporations ,
Foreign Investment ,
Manufacturers ,
National Security ,
R&D ,
Regulatory Agenda ,
Screening Procedures ,
Supply Chain ,
Technology Sector ,
Trade Policy
On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
NAICS ,
National Security ,
Personal Data ,
Real Estate Transactions ,
Rulemaking Process
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
12/19/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Comment Period ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Proposed Regulation ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk...more
9/27/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Personal Data ,
Real Estate Investments ,
Sensitive Business Information ,
Technology Sector
The Committee on Foreign Investment in the United States (CFIUS) is an interagency federal body that screens inbound foreign investments for national security risks, and it is currently putting the finishing touches on its...more
In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries,...more
9/3/2019
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Enforcement Authority ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
GAO ,
National Security ,
NIST ,
OMB ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Technology Sector ,
U.S. Treasury
The US Senate is poised to confirm Tom Feddo to run CFIUS as Assistant Secretary of the Treasury for Investment Security, increasing the bandwidth of CFIUS at a critical time in its history....more
In August of last year, President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), a sweeping overhaul of the operations and jurisdiction of the Committee on Foreign Investment in...more