The reach and authority of the U.S. government over what it considers to be national security concerns is broad, increasing and often not subject to judicial appeal. In response to mounting threats to the personal, economic...more
The U.S. Treasury Department this week published draft regulations changing the requirements for mandatory CFIUS filings for transactions in which a foreign person acquires or invests in a U.S. critical technology company....more
Global foreign direct investment (FDI) amounted to 1,426 billion USD in 2019. In recent years, a number of countries around the world have implemented measures to strengthen their FDI review mechanisms. Undoubtedly, this...more
On April 28, 2020, the Trump Administration significantly expanded the reach of U.S. export controls over certain items and certain countries, changes that will have a particularly limiting impact on particular exports to...more
As the global economy slows down and much of the world is quarantined, economists warn that now is not the time to impose the type of protectionist international trade measures that are generally agreed to have exacerbated...more
Using his authority under the Defense Production Act of 1950 (“DPA”), President Trump issued an Order on March 27 requiring that the General Motors Company accept and perform contracts and fulfill orders for the manufacture...more
The U.S. Department of the Treasury late yesterday released a draft set of regulations that would establish, for the first time, filing fees for most transactions submitted to the Committee on Foreign Investment in the United...more
3/6/2020
/ CFIUS ,
Comment Period ,
Corporate Counsel ,
Cross-Border Transactions ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Proposed Regulation ,
Statutory Authority ,
U.S. Treasury
The U.S. Department of the Treasury issued final regulations late yesterday that significantly expand the authorities of the Committee on Foreign Investment in the United States (CFIUS) to conduct national security reviews of...more
The U.S. government undertook several recent actions that will greatly increase its oversight of U.S. supply chains in a number of key business sectors, including technology, telecommunications, digital and data services and...more
12/3/2019
/ CFIUS ,
Espionage ,
FCC ,
Foreign Governments ,
Foreign Policy ,
Government Agencies ,
Huawei ,
National Security ,
Proposed Rules ,
Public Comment ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department ,
Universal Service Fund
The Committee on Foreign Investment in the United States (CFIUS) last week added considerable teeth to its powers through draft regulations implementing key provisions of the Foreign Investment Risk Review Modernization Act...more
9/30/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Data Collection ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Investment ,
National Security ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
Technology Sector
When it was enacted in August 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) overhauled the US law governing CFIUS national security reviews for the first time in 11 years. Many of FIRRMA’s most...more
1/28/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
Reporting Requirements ,
Technology Sector
On August 13, 2018, President Trump signed into law legislation that will sharpen the rules governing U.S. national security reviews by the Committee on Foreign Investment in the United States (CFIUS). The final legislation...more
8/14/2018
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Technology Sector ,
Trump Administration
Proposed legislation that would sharpen the law governing U.S. national security reviews by the Committee on Foreign Investment in the United States (CFIUS) continues to move through Congress with bipartisan support, and...more
6/26/2018
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Passive Activity ,
Proposed Legislation ,
Technology Sector ,
Trump Administration
The Trump Administration yesterday imposed steep tariffs on imported large residential washing machines and imported solar cell modules in separate cases that were initiated under Section 201 of the Trade Act of 1974. The...more
1/24/2018
/ Canada ,
Exports ,
Imports ,
Mexico ,
NAFTA ,
Plastic Solar Cells ,
Solar Energy ,
Tariffs ,
Trade Act of 1974 ,
Trump Administration ,
US Trade Policies
MoneyGram International Inc. and Ant Financial Services Group recently announced the termination of their agreement providing for the acquisition of Texas-based money transfer company MoneyGram by China-based Ant Financial...more
1/4/2018
/ Acquisition Agreements ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Money Transfer ,
Moneygram ,
National Security ,
Obama Administration ,
Popular ,
Proposed Legislation ,
Semiconductors ,
Trump Administration
Law and Policy -
The United States has had mechanisms in place to track and review foreign direct investment since 1975, when President Ford established the interagency Committee on Foreign Investment in the United States...more