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Export Controls Filing Requirements National Security

Cozen O'Connor

Continuing Trends & New Developments: CFIUS Releases 2024 Report to Congress

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The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Calendar Year Annual Report, which illustrates recent and historical trends relating to CFIUS’s review of investments in U.S....more

Orrick, Herrington & Sutcliffe LLP

CFIUS and Encryption Software – Resolving Whether a CFIUS Filing Is Mandatory

Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - United States

White & Case LLP on

Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more

Cooley LLP

Alert: CFIUS Final Rule Leverages Export Control Principles to Redefine Mandatory Filing Requirements

Cooley LLP on

On September 15, 2020, the US Department of the Treasury issued a Final Rule comprising the latest regulation in an ongoing effort to reform the way the United States reviews and confronts the national security implications...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Implements Mandatory Filing Based on Export Licensing

- On September 15, Treasury published a Final Rule adopting changes to the CFIUS mandatory filing framework for covered transactions involving critical technologies. - Rather than being pegged to targeted industries...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Mandatory Filings for Certain "Critical Technology" Transactions – New Export Controls Test

As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Jackson Walker

New Rules Expand CFIUS Jurisdiction Over Foreign Investment in U.S. Businesses and Real Estate

Jackson Walker on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews mergers, acquisitions, and takeovers by foreign persons of U.S. companies and assets that have the potential to pose...more

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

Hogan Lovells on

After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...more

A&O Shearman

CFIUS Update: Regulations Require Mandatory Filings for Certain Critical Technologies; Process Of Identifying Emerging...

A&O Shearman on

When it was enacted in August 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) overhauled the US law governing CFIUS national security reviews for the first time in 11 years. Many of FIRRMA’s most...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Gives Industry 30 Days to Provide Comments Regarding Possible Export Controls over Emerging Technologies

• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more

Proskauer Rose LLP

Foreign Investment Review Under CFIUS Expands With New Legislation

Proskauer Rose LLP on

Pilot Program Mandatory Filing Requirement – Private Investment Fund Considerations - The potential for national security review of foreign investment in the U.S. has been around for 30 years since the 1988 enactment of...more

Wilson Sonsini Goodrich & Rosati

Five Questions to Determine If You Have a CFIUS Filing Requirement

As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more

Latham & Watkins LLP

CFIUS Pilot Program Makes Notifications Mandatory for Specific Areas of Critical Technology

Latham & Watkins LLP on

Program requires parties to submit to CFIUS notice of certain foreign investments in US businesses involved in specified critical technologies at least 45 days prior to closing. Key Points: ..The US Treasury Department...more

BCLP

CFIUS Pilot Program Requires Mandatory Filings for Certain Transactions Involving “Critical Technologies”

BCLP on

On October 10, 2018, CFIUS published what may be only its first set of interim rules implementing specific provisions of the Foreign Risk Review Modernization Act (FIRRMA). These rules: (1) create a pilot program both...more

Eversheds Sutherland (US) LLP

The Foreign Investment Risk Review Modernization Act of 2018 - impact on real estate investments

Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the president signed into law on August 13, 2018, is the Foreign Investment Risk Review Modernization Act (FIRRMA),...more

Eversheds Sutherland (US) LLP

CFIUS mandates filings for range of foreign investments in critical technology companies

Earlier than expected, the Committee on Foreign Investment in the United States (CFIUS) has announced new interim rules—effective November 10, 2018, pursuant to the recently enacted Foreign Investment Risk Reduction...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

Holland & Knight LLP

FIRRMA Expands CFIUS Jurisdiction in 2 Major Ways - New Law Shifts Emphasis from "Control" to "Influence" and Brings Real Estate...

Holland & Knight LLP on

• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more

Akin Gump Strauss Hauer & Feld LLP

The CFIUS Reform Legislation—FIRRMA—Will Become Law on August 13, 2018

CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more

Bass, Berry & Sims PLC

Proposed CFIUS Reform Moves Forward

Bass, Berry & Sims PLC on

• FIRRMA would significantly expand CFIUS jurisdiction. • Mandatory filing would be required in some cases. • Parties that protect and maintain personal information are likely to face more scrutiny....more

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