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Fox Rothschild LLP

Update on Outbound U.S. Investment Restrictions and Export Controls

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New U.S. investment and export control measures are shaping how businesses engage with foreign markets, particularly China. From limiting outbound investments to tightening export licenses, these evolving policies from the...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

Foley Hoag LLP

Understanding the U.S.’s New Outbound Investment Rules - January 2025

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Effective in January 2025, the U.S. Department of the Treasury issued a final rule (colloquially known as “Reverse CFIUS”) implementing the Outbound Investment Program, which prohibits U.S. persons from making certain...more

Seward & Kissel LLP

New Restrictions on Investments into Chinese Entities: Considerations for Advisers, Private Funds, and Investors

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U.S. law has long subjected foreign investments into the U.S. to review and restriction by the Committee on Foreign Investment in the United States (“CFIUS”), but outside of economic sanctions programs, has typically not...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

Fox Rothschild LLP

Investments in Chinese Technology Companies Limited by New US Outbound Investment Rule

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U.S. investors interested in investing in advanced Chinese technology companies may now be constrained by the U.S. Government’s first-ever outbound investment rule (Final Rule) which took effect on Jan. 2, 2025. The Final...more

Proskauer - Regulatory & Compliance

U.S. Department of the Treasury issues final regulations implementing Executive Order 14105 Targeting Tech Investment in China

On October 28, 2024, the U.S. Department of the Treasury (Treasury) issued final regulations (“Final Rule”) implementing Executive Order 14105, which addresses investments by U.S. persons in certain identified technologies in...more

Sheppard Mullin Richter & Hampton LLP

At Long Last, Final Rule for Outbound Investment Regulations Published

On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations. The rule arrives a little over a year after Executive Order 14105,...more

Blank Rome LLP

The BR International Trade Report: July 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

Mintz - Antitrust Viewpoints

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments. The proposed rule seeks to “prevent countries of concern...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

Pillsbury Winthrop Shaw Pittman LLP

Recent Updates on Foreign Investment Restrictions and Export Controls Governing Semiconductors, Quantum Computing and Artificial...

Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...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

King & Spalding

Executive Order Establishes New Outbound Investment Screening Program

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Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...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

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

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

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The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Morrison & Foerster LLP

CFIUS Prepares To Block Semiconductor Sale To Chinese Entity

As close observers of the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) are aware, the Committee has the authority to recommend that the President of the United States block a transaction on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

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