News & Analysis as of

Foreign Investment Covered Transactions FIRRMA

Wiley Rein LLP

CFIUS 2024 Annual Report: Compliance, Enforcement, and Non‑Notified Transactions – What Dealmakers Need to Know

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The Committee on Foreign Investment in the United States (CFIUS) recently released the public version of its Annual Report to Congress for calendar year 2024. Key trends include an increase in formal inquiries into...more

Parker Poe Adams & Bernstein LLP

How Overseas Investors Can Navigate Broad Reach of Federal Government's CFIUS Real Estate Reviews in the Carolinas

There are more than 500 miles that separate the western, more mountainous region of North Carolina from the U.S. state’s eastern shorelines. It’s an expansive area that, depending on traffic, can take close to 9 hours to...more

Holland & Knight LLP

Treasury Department Issues Proposed Rule to Enhance CFIUS Procedures, Enforcement Authorities

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Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

HaystackID on

Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Morgan Lewis

National Security and Real Estate: Mind the Gap Between Federal and State Jurisdiction

Morgan Lewis on

Jurisdictional limits on the Committee on Foreign Investment in the United States (CFIUS) regarding the review of certain real estate transactions have led Congress to introduce proposals expanding its jurisdiction and...more

Holland & Knight LLP

CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

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The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more

Venable LLP

New Executive Order Directs Consideration of National Security Risks in CFIUS Reviews

Venable LLP on

​​​​​​​On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...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

Lowenstein Sandler LLP

CFIUS Doesn’t Mean Chinese Companies Can’t Invest In The US

Despite heightened US-China trade tensions and the COVID-19 pandemic’s disruptive effects on the global economy, mergers and acquisitions continue. The US government’s 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

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

Stinson - Corporate & Securities Law Blog

Treasury Proposes to Modify CFIUS Mandatory Declaration Requirements

Treasury has proposed rules that would modify provisions in the regulations of the Committee on Foreign Investment in the United States, or CFIUS, that implement the Foreign Investment Risk Review Modernization Act of 2018,...more

K2 Integrity

In a Pandemic, CFIUS Needs an Assist to Protect U.S. Businesses

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Heady investments in distressed assets and cutthroat global competition to secure new drugs and vaccines to combat the coronavirus are drawing headlines—and attention from governments....more

Latham & Watkins LLP

New CFIUS Filing Fees Now in Effect: 5 Key Takeaways

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The new filing fees can be as high as $300,000 for covered transactions valued at $750 million or more. On April 27, 2020, the US Treasury Department announced in an interim rule with request for comments that the Committee...more

Dorsey & Whitney LLP

CFIUS Abruptly Imposes New Notice Filing Fees

Dorsey & Whitney LLP on

Beginning May 1, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) will require a filing fee in connection with any formal notice of a “covered transaction” or a “covered real estate transaction.” The...more

Morgan Lewis

CFIUS’s Final Real Estate Regulations: Still a Largely Voluntary Process

Morgan Lewis on

The CFIUS real estate regulations reflect a new emphasis on real estate transactions based on proximity to military installations and certain critical infrastructure, requiring careful analysis when deciding whether a real...more

Morgan Lewis

The New CFIUS ‘Geographic Reference Tool’ – Handle With Care

Morgan Lewis on

Released last month by the Committee on Foreign Investment in the United States, the Geographic Reference Tool is a useful starting point in determining what constitutes covered real estate transactions, but does not provide...more

K2 Integrity

FAQs on CFIUS and FIRRMA

K2 Integrity on

What is CFIUS? The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee charged with reviewing transactions involving foreign investment in the U.S. and certain real estate transactions for...more

Holland & Knight LLP

CFIUS Publishes Proposed Rule on New Filing Fees

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The Committee on Foreign Investment in the United States (CFIUS) published a proposed rule on March 9, 2020, that would establish a fee for parties filing a voluntary notice of certain transactions for review by CFIUS. In...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposes Filing Fees

To further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) has issued proposed regulations that would require parties to...more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

Eversheds Sutherland (US) LLP

Proposed CFIUS filing fees for foreign investments announced

For the first time in its history, the U.S. Committee on Foreign Investment in the United States (CFIUS) plans to require the payment of fees in connection with the submission of full notifications for covered foreign...more

Goulston & Storrs PC

Final Regulations Go Into Effect for CFIUS Jurisdiction Expansion

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The U.S. Department of Treasury has issued final regulations, which became effective February 13, 2020, implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)....more

Jackson Walker

CFIUS Begins Review Process for Real Estate Transactions by a Foreign Investor

Jackson Walker on

Growing concern about foreign surveillance and intelligence gathering led Congress to provide CFIUS with authority to review real estate transactions by foreign parties when it passed FIRRMA... Prior to FIRRMA, CFIUS began to...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

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