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Holland & Knight LLP

Treasury Department Announces Fast-Track Pilot Program for Foreign Investors

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The U.S. Department of the Treasury on May 8, 2025, announced its intent to launch a fast-track process to facilitate greater investment from allied and partner sources. The process will include the launch of a "Known...more

Skadden, Arps, Slate, Meagher & Flom LLP

President Trump’s First 100 Days: Impacts and Projections

The first 100 days of a new administration sets the tone for policy direction and regulatory priorities. The following key takeaways from the Trump administration’s first three months highlight significant trends, shifts and...more

Mogin Law LLP

Nippon Steel’s U.S. Steel Acquisition Gets Fresh Look by Trump Administration

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President Trump has directed his foreign investment agency to conduct a fresh national security review of Nippon Steel’s proposed acquisition of U.S. Steel, the Wall Street Journal has reported. The proposed $14 billion...more

Dacheng

How China Scrutinizes Foreign Deals: Antitrust and National Security Mechanisms in the BlackRock-Hutchison

Dacheng on

On March 4, 2025, CK Hutchison Holdings Limited (“CK Hutchison”), controlled by the Li Ka-Shing family, announced a significant transaction on the Hong Kong Stock Exchange: the proposed sale of 80% equity in its port business...more

Bass, Berry & Sims PLC

America First Investment Policy Sets Sights on China

On February 21, the Trump Administration released the America First Investment Policy (the memo or memorandum). The wide-ranging memo formally targets investment from the People’s Republic of China, including Hong Kong and...more

Dorsey & Whitney LLP

Trump Administration’s America First Investment Policy

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On February 21, 2025, President Trump issued his America First Investment Policy (the “Policy”) that has the potential to drastically alter cross border investments, particularly those involving the United States and the...more

Husch Blackwell LLP

Real Estate Transactions Come Under Increased National Security Scrutiny

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As geopolitical tensions rise and the post-Cold War global order continues to fray, national security has experienced a renewed policymaking focus. The most prominent areas in this regard have been critical technology...more

Dorsey & Whitney LLP

Has the CFIUS Process Become Political?

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On January 3, President Biden issued the Order Regarding the Proposed Acquisition of United States Steel Corporation by Nippon Steel Corporation (the “Order”)....more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - December 26, 2024

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As we wrote previously, the U.S. Department of the Treasury has issued a final rule that takes effect on December 26 that will dramatically raise the Committee on Foreign Investment in the United States (CFIUS) penalties from...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0 Administration: Anticipated Impacts on International Trade, Sanctions and Economic Policy

Broad Tariff Increases Could Reshape Global Trade: The aggressive use of tariffs could create significant trade disruptions for businesses dependent on global supply chains, and pair novel use of authorities with existing...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - August 2024

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The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Bass, Berry & Sims PLC

CFIUS Update: Larger Penalties, Sharper Monitoring

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On April 11, the U.S. Treasury Department promulgated a Notice of Proposed Rulemaking (NPRM) amending the regulations that govern the operations of the Committee on Foreign Investment in the United States (CFIUS) to increase...more

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - March 2024

On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more

Snell & Wilmer

The Uncertain World: Nearshoring, Economic Development, and the Next Frontier

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Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more

Bass, Berry & Sims PLC

CFIUS Update: A More Refined Focus, Increased Risks

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The U.S. government continues to aggressively monitor and impose restrictions on transactions deemed to threaten U.S. national security. On a day-to-day basis, restrictions arise most commonly in the context of export...more

Pillsbury Winthrop Shaw Pittman LLP

All Eyes on China: Upcoming Restrictions on Outbound Investment

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | What a New Executive Order and Tighter Controls on Tech Exports Mean for Companies Doing Business in...

In 2022, the U.S. restricted technology exports to China that might have military uses, and an executive order is expected soon limiting investments in certain Chinese tech companies. Skadden M&A partner Ann Beth Stebbins...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mandatory BEA Filing for Many US Businesses With Foreign Shareholders

The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic...more

Foley Hoag LLP

CFIUS Year in Review

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CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more

Holland & Knight LLP

CFIUS 2021 Annual Report: Considerations for Businesses

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The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more

White & Case LLP

Cross-border deals face increased CFIUS scrutiny

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The signing of the Foreign Investment Risk Review Modernization Act (FIRRMA) into law in 2018 was the most significant update to CFIUS in more than a decade. For years leading up to the new legislation, there had been a...more

Lowenstein Sandler LLP

Take Note: Address Global Trade Issues Early in Your Negotiations To Avoid Liability and Costs (Yes, This Applies to You).

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Premise: Nearly all companies have exposure to international trade laws when doing business. Spotting these risks early when negotiating agreements and transactions will prevent future liability and costs. So, when drafting...more

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