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
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
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
Key Points -
On November 26, 2021, the U.S. Department of Commerce issued a notice of proposed rulemaking related to “connected software applications” (“apps”) that aims to expressly incorporate transactions involving...more
- 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
9/22/2020
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Exceptions ,
Export Controls ,
Exports ,
Filing Requirements ,
Final Rules ,
Foreign Investment ,
General Licenses ,
National Security ,
Technology Transfer Agreements
- On July 8, 2020, the Department of Energy (DOE) published a Request for Information (RFI) concerning Executive Order 13920, “Securing the United States Bulk-Power System” (the “E.O.”). The E.O. authorizes the DOE to block...more
7/13/2020
/ Comment Period ,
Cybersecurity ,
Department of Energy (DOE) ,
Electricity ,
Energy Projects ,
Energy Sector ,
Executive Orders ,
Foreign Adversaries ,
Request For Information ,
Rulemaking Process ,
Supply Chain
- 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
5/26/2020
/ CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
General Licenses ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector ,
U.S. Treasury
- On May 1, 2020, President Trump issued an Executive Order (E.O.) aimed at curtailing the use of foreign-sourced electric equipment installed on the U.S. “bulk-power system,” which is commonly understood to mean the U.S....more
- On March 9, 2020, the U.S. Department of Treasury published a Proposed Rule to implement filing fee requirements for voluntary notices filed with CFIUS.
- Under the proposed framework, the value of the transaction...more
Key Points
- On January 13, 2020, the U.S. Department of Treasury released final rules implementing FIRRMA, which reforms the CFIUS framework. These rules will take effect on February 13, 2020.
- The final rules...more
1/16/2020
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Mergers ,
National Security ,
Personal Data ,
Principal Place of Business ,
Proposed Regulation ,
Public Comment ,
U.S. Treasury
• The U.S. Department of Treasury released proposed rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA) on September 17, 2019. Among other measures, these rules would establish how the Committee...more
9/23/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
• Following a setback in U.S.-China trade negotiations, the USTR has increased the Section 301 List 3 additional duty rate on $200 billion of Chinese-origin products from 10% to 25% (the rate already in effect for $50 billion...more
5/14/2019
/ China ,
Customs and Border Protection ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more
8/13/2018
/ Annual Reports ,
Bankruptcy Court ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Data Security ,
Declaration ,
Emerging Technology Companies ,
Export Control Reform (ECR) ,
Export Controls ,
Federal Pilot Programs ,
Filing Deadlines ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Information Sharing ,
Investors ,
Judicial Review ,
Jurisdiction ,
Material Nonpublic Information ,
National Security ,
NDAA ,
New Legislation ,
Personally Identifiable Information ,
Reporting Requirements ,
Trump Administration ,
U.S. Commerce Department
Today, President Trump will sign the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This bill expands the purview of CFIUS, which will now have jurisdiction over real estate transactions near sensitive...more
• The administration’s drug pricing Blueprint combines proposals that are already under way with new initiatives that may or may not be adopted.
• Many of the more dramatic proposals would require federal rulemaking or...more
5/17/2018
/ Biosimilars ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Health Care Providers ,
Legislative Agendas ,
Medicaid ,
Medicare ,
Medicare Part D ,
Out-of-Pocket Expenses ,
Patients ,
Pharmaceutical Industry ,
Prescription Drugs ,
Request For Information ,
Section 340B ,
Trade Agreements ,
Trump Administration ,
WTO