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
The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more
2/24/2025
/ Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Due Diligence ,
Executive Orders ,
Final Rules ,
Food and Drug Administration (FDA) ,
Foreign Entities ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Personal Data ,
Sensitive Personal Information
The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more
2/20/2025
/ Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Executive Orders ,
Final Rules ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
Regulatory Requirements ,
Sensitive Personal Information
Navigating the complex landscape of foreign investment review is crucial for private equity (PE) firms operating in an international landscape. The Committee on Foreign Investment in the United States (CFIUS) continues to be...more
2/14/2025
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Compliance ,
Cross-Border ,
Enforcement Actions ,
Foreign Investment ,
Investors ,
National Security ,
Private Equity ,
Semiconductors ,
Technology ,
Technology Sector ,
U.S. Treasury
The Department of Justice’s (DOJ) proposed rule implements President Biden’s Executive Order (EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of...more
11/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biometric Information ,
CFIUS ,
China ,
Department of Justice (DOJ) ,
Due Diligence ,
Geolocation ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Penalties ,
Proposed Rules ,
Recordkeeping Requirements ,
Russia ,
Sensitive Personal Information ,
Telecommunications
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
10/24/2024
/ Acquisitions ,
CFIUS ,
Cryptocurrency ,
Enforcement Actions ,
Foreign Investment ,
Jurisdiction ,
Mergers ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Real Estate Transactions ,
Risk Mitigation
The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more
7/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Debt Financing ,
Economic Sanctions ,
Export Controls ,
Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
SDN List ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more
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
The U.S. government has been increasing its scrutiny of inbound foreign investment for national security risks and concurrently is establishing a new program that would prohibit certain outbound investments. Both developments...more
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
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
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
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
Key Points -
Reviewing inbound foreign investment for national security risk continues to be a high priority for governments worldwide. Key developments and trends include the following...more