News & Analysis as of

Committee on Foreign Investment in the United States Biden Administration U.S. Treasury

Husch Blackwell LLP

Week Sixteen in Trade

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In its FAQs, U.S. Custom and Border Protection (CBP) clarified the exemption from reciprocal tariffs for goods subject to steel/aluminum Section 232 duties under HTSUS 9903.01.33. CBP clarified that the exemption only applies...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Cross-border Investment Review and New Restrictions

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

Seward & Kissel LLP

President Trump Orders Review of Recently-Implemented Outbound Investment Security Program

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On August 9, 2023, former-President Biden issued Executive Order 14105, Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern, which in summary directed the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

Most AI National Security Regs Likely To Remain in Place Under the Next Administration

With the rapid commercialization of artificial intelligence (AI) technology, the Biden administration has been grappling with its implications, including its potential impact on national security. Several departments have...more

Sheppard Mullin Richter & Hampton LLP

Proposed Outbound Investment Regulations: Understanding the New Restrictions on U.S. Outbound Investments in Artificial...

In an era where technological prowess and economic security are more entangled than ever, the United States has refined its approach towards restricting outbound investments. As we have been blogging since 2022, the past two...more

Blank Rome LLP

The BR International Trade Report: May 2024

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Welcome to this month's issue of The BR International Trade Report, Blank Rome’s monthly digital newsletter highlighting international trade, cross-border investment, geopolitical risk issues, trends, and laws impacting...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Morgan Lewis - Tech & Sourcing

US Outbound Tech Investments in Crosshairs with EO, ANPRM Release

The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.”...more

Blank Rome LLP

10 Key Takeaways: Biden Administration Sets the Stage for Regulation of U.S. Investments in China

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President Biden recently issued an executive order (“EO”) establishing a framework to regulate certain U.S. investments with a nexus to China, taking initial steps towards what eventually could be unprecedented regulation of...more

Wilson Sonsini Goodrich & Rosati

Biden Unveils Executive Order: Outbound Screening Program Restricting China Investments

In one of the most highly anticipated moves in recent U.S.-China relations, President Biden issued an Executive Order on August 9, 2023 (the EO), declaring a national emergency and restricting certain types of outbound...more

Sheppard Mullin Richter & Hampton LLP

New Outbound Investment Restrictions Affect China, Semiconductors, Artificial Intelligence, and Quantum Computing

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more

Fenwick & West LLP

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

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On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Foley Hoag LLP

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

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On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

Dorsey & Whitney LLP

Outbound Investment Screening Executive Order

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On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023. The law directs the Department of the Treasury, in coordination with the Department of Commerce and other Federal partners, “to...more

Hogan Lovells

美国商务部和财政部分别就拟议的对外投资审查制度发布报告

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美国财政部和商务部近期分别发布经国会授权的报告,其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称,白宫将在较短时间内——或许就在几周内——签发一项行政命令,以建立该项新制度。拜登政府近期向国会提交的报告表明,该制度将由美国财政部实施并管理,重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而,报告并未明确该制度的确切范围和性质,包括哪些投资者及哪些外国技术领域将受到影响....more

Wiley Rein LLP

Treasury, Commerce Issue Reports to Congress Outlining Proposed Outbound Investment Initiative

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In accordance with the Consolidated Appropriations Act, 2023 (Public Law 117-328), the U.S. Treasury and Commerce Departments recently issued reports to Congress outlining the contours of a proposed outbound investment review...more

Akin Gump Strauss Hauer & Feld LLP

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

King & Spalding

U.S. Outbound Investment Review Regime Moving Forward

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New program may prohibit some U.S. investments in China - On March 3, 2023, the U.S. Departments of the Treasury (“Treasury”) and Commerce (“Commerce”) delivered to Congress separate confidential reports that confirm the...more

Sheppard Mullin Richter & Hampton LLP

Will We Ring in the New Year with Outbound Investment Restrictions?

As we close out a wild year for international trade regulation, after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops...more

Cozen O'Connor

Biden Administration Significantly Expands CFIUS National Security Factors

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On September 15, 2022, President Biden signed an Executive Order (EO), which connects the work carried out by the Committee on Foreign Investment in the United States (CFIUS or the Committee) to the Administration’s national...more

WilmerHale

US Government Ramps Up Scrutiny of Foreign Investments

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The Committee on Foreign Investment in the United States (CFIUS) is reviewing a record number of transactions for national security risks, according to a recently released Annual Report to Congress for Calendar Year 2021. ...more

Foley Hoag LLP - White Collar Law &...

Review of Sanctions and Export Control Developments in 2021 and What to Expect in 2022

This is the fifth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in State AG enforcement. Up next: SEC Enforcement in 2022: A Look Ahead. ...more

Lowenstein Sandler LLP

Trade Matters - August 2021

1. Biden Administration Trade Posture- The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more

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