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Export Controls Committee on Foreign Investment in the United States Corporate Counsel

Morrison & Foerster LLP

DOJ Issues First-Ever Declination Under Corporate Disclosure M&A Policy

On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced that it declined to charge private equity firm White Deer Management LLC (“White Deer”) and its affiliates after the company...more

Venable LLP

Key Trade Issues to Watch in 2025: A Preview Series

Venable LLP on

As we look ahead to the new year and the many changes it will bring, the Venable International Trade and Logistics Group will be issuing a series of brief client alerts previewing key trade areas and issues to watch in 2025....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Sanctions Puzzle: Key Areas To Watch in 2025 and Beyond

The past weeks and months have brought about tremendous political change in the West, as we move toward a new U.S. administration, a new College of Commissioners in Brussels and a new Polish presidency of the Council of the...more

Morrison & Foerster LLP

OFAC Extends Recordkeeping Requirements from Five to 10 Years; Issues Paperwork Reduction Act Request for Comments

On September 11, 2024, OFAC announced its Interim Final Rule to Extend Recordkeeping Requirements from Five to 10 Years. The Interim Final Rule (IFR) was published in the Federal Register on September 13, 2024. Public...more

Morgan Lewis

Biden Issues CFIUS Executive Order: What Has Changed and What Remains the Same

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President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more

Wilson Sonsini Goodrich & Rosati

CFIUS After FIRRMA Implementation: A Crash Course in Assessing and Navigating Risk

On October 15, 2020, the final rule implementing the baseline requirements of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect. This final rule altered the mandatory filing rules of the...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

ArentFox Schiff on

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s...more

White & Case LLP

New CFIUS Critical Technology Mandatory Filing Requirements Take Effect October 15th

White & Case LLP on

On September 15, 2020, the US Treasury Department published a final rule modifying the mandatory Committee on Foreign Investment in the United States (CFIUS) filing requirements for certain foreign investments in US...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Morrison & Foerster LLP

New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...more

Kelley Drye & Warren LLP

New Export Control Test for CFIUS Mandatory Critical Technology Filings

On September 14, 2020, the U.S. Department of Treasury, as Chair of the Committee on Foreign Investment in the United States (CFIUS), published final regulations changing the mandatory CFIUS declaration requirements for...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

Morrison & Foerster LLP

DOJ Clarifies Incentives for Voluntary Self-Disclosures of Export Control and Sanctions Violations

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On December 13, 2019, the Department of Justice’s National Security Division (“NSD”) announced a revised policy to encourage voluntary self-disclosures (“VSDs”) of criminal violations of export control and sanctions laws. The...more

Fox Rothschild LLP

New Foreign Investment Restrictions on the Horizon in Tech, Infrastructure and Data

Fox Rothschild LLP on

U.S. companies in tech, infrastructure and data seeking foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before closing certain transactions. Last year, President...more

Morrison & Foerster LLP

New EU Investment Screening Rules: 10 Key Things Dealmakers Need to Know

The EU has recently laid the ground to take a more active role in the screening of foreign direct investment (FDI). On April 10, 2019, the EU formally established a framework for foreign investment screening including a...more

Morrison & Foerster LLP

Sanctions Enforcement Tips from Former OFACers

Morrison & Foerster’s National Security practice provides strategic advice and counseling to clients on a broad range of challenging regulatory and compliance matters in the national security space. In advising clients, the...more

Morrison & Foerster LLP

CFIUS Means Business, Unwinding Non-Notified Transactions and Penalizing Non-Compliance with Mitigation Agreements

The Committee on Foreign Investment in the United States (CFIUS) has proven in recent weeks that it is an increasingly powerful force that foreign investors and U.S. businesses alike ignore at their peril. While many paid...more

Morrison & Foerster LLP

OFAC Has Been Talking About Compliance Through Enforcement - Have You Been Listening?

Last Thursday, January 31, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued its first enforcement action of 2019, a fascinating case involving false eyelashes that teaches that virtually any...more

King & Spalding

Impact of U.S. Government Shutdown on M&A

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How could the government shutdown affect your M&A transactions? Understand the ramifications of the shutdown through the lens of antitrust, securities and exchange commission, CFIUS, export controls and economic sanctions...more

Davis Wright Tremaine LLP

New CFIUS Regulations Target More Foreign Investments for Review

As part of the 2019 National Defense Authorization Act (“2019 NDAA”), Congress recently enacted significant changes to the process by which the Committee on Foreign Investment in the United States (“CFIUS”) operates as well...more

Morrison & Foerster LLP

Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical...

Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee approvals in the House and Senate today. The proposed legislation...more

Foley & Lardner LLP

The Twelve Compliance Steps Every Multinational Corporation Should Undertake in Light of Recent Trump Administration Enforcement...

Foley & Lardner LLP on

Over the last month, regulators with the Trump administration sent a loud message to companies subject to U.S. jurisdiction: Enforcement of laws governing international activities is alive and well and the laws will continue...more

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