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CFIUS Announces Fast Track Pilot Program for Certain Investors

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced plans to establish a “fast-track” review process for the Committee on Foreign Investment in the United States (CFIUS). This initiative implements a key...more

President Trump Issues America First Investment Policy Refocusing CFIUS and Outbound Investment Approach

On February 21, 2025, President Trump issued the America First Investment Policy Memorandum, which emphasizes the U.S. commitment to a strong, open investment environment while reshaping the U.S. government’s policy towards...more

CFIUS Continues to Expand Its Authority and Increase Enforcement Activity

The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...more

CFIUS Proposes Expanded Enforcement Authorities and Increased Penalties

Key Points - On April 15, 2024, the Treasury Department published a proposed rule that would amend the Committee on Foreign Investment in the United States (CFIUS) regulations to expand CFIUS’s enforcement authorities....more

President Biden Signs Executive Order on Outbound Investment

Key Points - On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more

CFIUS Reports Substantial Increase in Use of Mitigation Measures in 2022

On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report for 2022. Overall, the statistics indicate that CFIUS is taking more time to finish its review...more

Congress Takes a Step Forward on Outbound Investment

The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more

Foreign Investment In Real Estate Is Getting More Complicated

On May 5, the U.S. Department of the Treasury issued a notice of proposed rulemaking to add eight military installations to the list of sites around which the Committee on Foreign Investment in the U.S. has jurisdiction to...more

CFIUS Expands Jurisdiction Over—and States Restrict Chinese Investment in—Real Estate

On May 5, 2023, the Department of the Treasury issued a notice of proposed rulemaking to add eight military installations to the list of sites around which CFIUS has jurisdiction to review real estate transactions. This is...more

Biden Administration Plans for Outbound Investment Regulation Coming into Focus

The Departments of the Treasury and Commerce recently provided reports to Congress describing plans under consideration to regulate outbound investment, as required by the 2023 Consolidated Appropriations Act. Key highlights...more

CFIUS Formally Determines United Kingdom and New Zealand Will Remain Foreign Excepted States

Key Points - On February 10, 2023, CFIUS formally determined that the United Kingdom and New Zealand have established and are effectively utilizing robust processes to screen foreign investments for national security...more

Executive Order Outlines Expansive National Security Considerations for CFIUS

Key Points - EO 14083 provides updated guidance to CFIUS regarding its consideration of U.S. national security risk factors and is aimed at confronting evolving and emerging threats to U.S. technological leadership, U.S....more

CFIUS Reports Significant Uptick in Filings and Non-Notified Inquiries

Key Points - According to CFIUS’s recently-released Annual Report for 2021, the total number of CFIUS filings increased significantly year-on-year, with transactions involving Chinese investors more than doubling compared...more

CFIUS Updates Excepted Foreign State Rules

Key Points - CFIUS added New Zealand to its white list of “excepted foreign states,” joining Australia, Canada and the United Kingdom in the group of countries whose investors may qualify for jurisdictional carve-outs and...more

CFIUS Implements Mandatory Filing Based on Export Licensing

- On September 15, Treasury published a Final Rule adopting changes to the CFIUS mandatory filing framework for covered transactions involving critical technologies. - Rather than being pegged to targeted industries...more

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Investment Facilitation – A WTO Negotiation That Can Yield Positive Returns for Investors

Investment facilitation is among the new generation issues being discussed at the World Trade Organization (WTO), alongside issues such as electronic commerce and digital trade. The concept of “investment facilitation” refers...more

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