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CFIUS Annual Report Touts an Increase in Penalties and Efficiency in Transaction Reviews

While the total number of filings declined in comparison to recent years, CFIUS's latest Annual Report to Congress highlights an uptick in penalties and an increased use of enforcement tools relating to national...more

Treasury Proposes Expansion of CFIUS Real Estate Review Authority

On July 8, 2024, the U.S. Department of the Treasury ("Treasury") issued a proposed rule to expand the Committee on Foreign Investment in the United States' ("CFIUS") jurisdiction over certain categories of foreign investment...more

CFIUS Signals Enhanced Enforcement Focus With New Proposed Changes to Regulations

On April 11, 2024, the Treasury Department announced a prepublication copy of a proposed rule amending the regulations of the Committee on Foreign Investment in the United States ("CFIUS") (the "Proposed Rule")....more

CFIUS Releases First-Ever Penalty and Enforcement Guidelines

The Committee on Foreign Investment in the United States ("CFIUS") has released its first-ever enforcement and penalty guidelines—putting industry on notice and inviting self-disclosures....more

New Biden Executive Order Aims to Set Focus of Future CFIUS National Security Reviews

On September 15, 2022, President Biden issued an EO "elaborating and expanding" upon the factors CFIUS must consider as part of its national security review process. Although the EO does not change the formal CFIUS process or...more

CFIUS Annual Report Sheds Light on Key Transaction Review Trends

In Short - The Situation: In early August 2022, the Department of the Treasury's Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") released its new annual report. ...more

Commerce Department Rule Authorizes Review of ICTS Transactions Involving "Foreign Adversaries"

The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more

Proposed Rulemaking Under ECRA Signals Tightening of Export Control Restrictions

Signed into law in August 2018, the Export Control Reform Act ("ECRA") significantly alters U.S. export policy by placing new emphasis and potential controls on critical technologies essential to the nation's security. As...more

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