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Department of Defense (DOD) National Security Foreign Investment

Goodwin

Updated Standard Form 328, “Certificate Pertaining to Foreign Interests”

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On May 12, 2025, the Defense Counterintelligence and Security Agency (DCSA) released an updated Standard Form 328 (SF-328), “Certificate Pertaining to Foreign Interests.”...more

Holland & Knight LLP

Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community

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In this episode of "Are We All Clear? Facilitating Security Clearances," host Marina O'Brien talks with Robert A. Friedman, co-head of Holland & Knight's International Trade practice and a leader of the firm's National...more

Akin Gump Strauss Hauer & Feld LLP

Space Law, Regulation and Policy Update | January 24, 2025 #2

Good Afternoon! Forget the past two weeks, it’s been a busy week in the business of space. Since President Trump’s inauguration, Washington has been busy shuffling the deck on U.S. space leadership and priorities. Outside...more

Torres Trade Law, PLLC

A Primer on the Committee on Foreign Investment in the United States (CFIUS)

The Committee on Foreign Investment in the United States (“CFIUS” or “the Committee) is an interagency body of the U.S. government that plays a critical role in safeguarding national security by reviewing foreign investments...more

Torres Trade Law, PLLC

CFIUS Review of Real Estate Transactions: A Primer and Overview of Recent Updates

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On November 1, 2024, the U.S. Department of Treasury (“the Treasury”), as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published a Final Rule expanding its authority to review certain...more

Holland & Knight LLP

Everyone Come to Play: Exploring FOCI Mitigation Instruments

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In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation...more

Hogan Lovells

Proposed changes to real estate regulations would expand geographic reach of CFIUS jurisdiction

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On July 8, 2024, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States, announced a notice of proposed rulemaking addressing amendments to CFIUS’s...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Real Estate Transactions Near Military Sites

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On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more

Brownstein Hyatt Farber Schreck

U.S. Policies on China to Watch in 2024

As the first session of the 118th Congress comes to a close, Congress unveiled a vast array of policy recommendations and legislation furthering their focus on U.S.-China strategic competition. Throughout the year, China...more

Dorsey & Whitney LLP

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

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As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more

Haynsworth Sinkler Boyd, P.A.

What does the new CFIUS proposed rule mean for foreign investment?

Last month, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed rule that could restrict foreign investment in real estate located near certain military bases. As background, CFIUS is made up...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, May 2023 #2

China Rejects U.S. Request for Defense Chief Meeting. The Chinese government has declined a U.S. request for a meeting between the defense chiefs for the two nations, according to an announcement from the Pentagon. The...more

Hogan Lovells

Proposed rule would expand CFIUS’s jurisdiction regarding U.S. real estate

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On May 5, 2023, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule in the Federal Register that would (i) expand by...more

Brownstein Hyatt Farber Schreck

U.S.-China Policy Update, Feb. 2023

More Unidentified Flying Objects. The U.S. military shot down three unidentified flying objects over the United States and Canada over the weekend, just one week after a Chinese spy balloon traversed the country and was...more

Holland & Knight LLP

5 Key Takeaways from the 2022 Inaugural CFIUS Conference

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The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more

American Conference Institute (ACI)

[Event] 8th National Conference on CFIUS - April 26th - 27th, Washington, DC

The Country's Premier Gathering of Government, Outside Counsel, Advisors, and In-House Executives - ACI’s 8th National Conference on CFIUS is back in person on April 26 – 27! Widely regarded as the premier event for the...more

Eversheds Sutherland (US) LLP

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more

Wiley Rein LLP

New DOD Trusted Capital Program Provides Investment Opportunities

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WHAT: The U.S. Department of Defense (DOD) has established a new voluntary program designed to match critical technology companies with vetted sources of private capital. WHEN: On December 1, 2020, DOD issued a Request for...more

Jones Day

New Executive Order Bars Certain U.S. Investments in Chinese "Military Companies"

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On November 12, 2020, President Trump issued an Executive Order titled "Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies," which will prohibit U.S. persons from participating...more

Dorsey & Whitney LLP

Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military

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On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more

Miller Canfield

President Trump Bans American Investment in Chinese Military Companies

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On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more

ArentFox Schiff

Trump Administration Bars Investments by US Persons in Communist Chinese Military Companies

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In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments. On November 12, 2020,...more

Lowenstein Sandler LLP

Feds Reach Into Real Estate Deals Extended In Name Of National Security

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Could your upcoming commercial real estate transaction or investment raise national security concerns? Under recently developed federal law, the Committee on Foreign Investment in the United States (CFIUS), a...more

Hogan Lovells

DoD Trusted Capital Marketplace

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At a press availability on May 10, Under Secretary of Defense for Acquisition and Sustainment, Ellen Lord, discussed the “matchmaking” service the Department of Defense (“DoD” or “Department”) is helping to create, to put...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tightened Restrictions on Technology Transfer Under the Export Control Reform Act

On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more

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