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Foreign Investment Disclosure Requirements

Goodwin

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

Goodwin on

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

Orrick, Herrington & Sutcliffe LLP

SEC Considers Revising Foreign Private Issuer Definition

The Securities and Exchange Commission (SEC) issued a concept release seeking public comment by September 8, 2025, on its definition of “foreign private issuer” (FPI). The SEC indicated that a review is warranted due to...more

Venable LLP

FCC Adopts Several National Security Measures

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At its May open meeting, the Federal Communications Commission (FCC) implemented three distinct regulatory measures aimed at protecting domestic communications networks and equipment from threats posed by hostile foreign...more

BCLP

SEC Considers Modification of Foreign Private Issuer Criteria: May Result in Fewer Foreign Companies Qualifying as FPIs

BCLP on

On June 4, 2025, the SEC released a Concept Release seeking public comment on potential changes to the definition of foreign private issuer (“FPI”), which changes may have the effect of reducing the number of foreign...more

Hone Maxwell

BE-10 Survey: What You Need To Know

Hone Maxwell on

The BE-10 is a mandatory survey conducted by the Department of Commerce’s Bureau of Economic Analysis (BEA) every 5 years. Its purpose is to gather information on U.S. direct investments abroad, including financial and...more

Lerman Senter PLLC

FCC Proposes Broad Foreign Ownership Certification and Reporting Requirements

Lerman Senter PLLC on

The Federal Communications Commission has released a Notice of Proposed Rulemaking (NPRM) proposing expansive new certification and disclosure requirements regarding foreign adversary ownership or control. The proposed...more

Baker Donelson

CFIUS Announces Fast Track Pilot Program: How Foreign Investors Can Take Advantage

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The Department of Treasury announced a forthcoming Fast Track Pilot Program where foreign investors can register to streamline compliance with the Committee on Foreign Investment in the United States (CFIUS). The goal of the...more

Akerman LLP

BE-10 Benchmark Survey of U.S. Direct Investment Abroad Due May 30

Akerman LLP on

The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce is currently conducting its BE-10 Benchmark Survey of U.S. Direct Investment Abroad, which is due May 30, 2025. This survey stands as the most...more

DLA Piper

BE-10 Filing Required for US Companies with Ownership in Non-US Businesses: Due May 30, 2025

DLA Piper on

The US Department of Commerce’s Bureau of Economic Analysis (BEA) conducts a mandatory BE-10 survey of US investments abroad every five years to produce key economic and statistical reports on the scale and effects of...more

Holland & Knight LLP

Education Dept. Prioritizes Foreign Gifts and Contracts Enforcement for Colleges, Universities

Holland & Knight LLP on

The Trump Administration stated last week that it will prioritize compliance and enforcement against colleges and universities with respect to the U.S. Department of Education (ED)'s foreign gift, contract and ownership...more

Akin Gump Strauss Hauer & Feld LLP

Transparency Regarding Foreign Influence at American Universities (Trump EO Tracker)

The Order requires the Secretary of Education to take all appropriate actions to ensure complete and timely disclosure by higher education institutions of foreign funding. The Secretary will take appropriate steps to reverse...more

Akin Gump Strauss Hauer & Feld LLP

FCC Announces Tentative Agenda for April 2025 Open Meeting

On April 7, the Federal Communications Commission (FCC or Commission) released a tentative agenda for its next Open Meeting, which is scheduled to take place on Monday, April 28 at 10:30 a.m. ET. The Commission released...more

Buchalter

SEC Issues Modified CDI's on Private Placements and Offering Exemptions

Buchalter on

On March 12, 2025, the SEC dropped a massive amount of changes to their Compliance and Disclosure Interpretations (CDI’s) related to Regulation D and other forms of exempt offerings, including clarification (and flexibility!)...more

Skadden, Arps, Slate, Meagher & Flom LLP

2025 Annual Meeting Filing and Disclosure Reminders

When finalizing proxy materials for annual shareholder meetings, we recommend that companies consider the recent changes to proxy disclosure requirements and other disclosure trends summarized in our December 11, 2024, client...more

K&L Gates LLP

Asset Management Regulatory Year in Review 2024

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2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global...more

Vicente LLP

Raising Capital for Your Business: Why Companies Should Avoid Non-Accredited Investors

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When raising capital, startups and growing businesses must choose among various terms, structures, filings, and investor types. One decision—whether to include unaccredited investors—should be straightforward. For the reasons...more

Latham & Watkins LLP

Saudi CMA Permits Foreign Investment in Listed Companies Owning Real Estate in Makkah and Madinah

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Foreign investors can now directly invest in public companies that own real estate in Makkah and Madinah, thereby boosting market appeal and liquidity....more

Morrison & Foerster LLP

DOJ Proposes Significant Changes to FARA’s Regulations

For the first time in nearly 30 years, the U.S. Department of Justice (DOJ) proposes to materially revise the Foreign Agents Registration Act (FARA). On December 19, 2024, DOJ issued a Notice of Proposed Rulemaking (NPRM)...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens...more

Husch Blackwell LLP

State Restrictions on Foreign Land Investment: What Renewable Energy Developers and Financing Parties Should Know

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Renewable energy developers and financing parties are likely aware of the Agricultural Foreign Investment Disclosure Act (“AFIDA”), a federal law requiring disclosure of foreign investment in agricultural land. Increasingly,...more

Foley Hoag LLP - White Collar Law &...

A Preview of SEC, CFTC, AML, Sanctions and CFIUS Enforcement Priorities Under the Second Trump Administration

As the incoming Trump administration prepares to take office, businesses and investors can expect significant shifts in the enforcement priorities of the Securities and Exchange Commission (SEC) and the Commodity Futures...more

A&O Shearman

The intersection of cyber and geopolitics – an attack on an Australian mining company?

A&O Shearman on

On June 4, 2024, an Australian mining company which focuses on heavy rare earth elements disclosed a cyber incident to the Australian Securities Exchange (ASX). The previous day (Monday June 3, 2024), Australian Treasurer Jim...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Jones Day

UK FCA Publishes Sustainability Disclosure Requirements and Investment Labels

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On November 28, 2023, the UK's Financial Conduct Authority ("FCA") published its long-awaited final rules and guidance on Sustainability Disclosure Requirements ("SDR") and investment labels. According to the FCA, it intends...more

Latham & Watkins LLP

Singapore’s New Significant Investments Regime Comes Into Law

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The Significant Investments Review Bill (the Bill), introduced by the Ministry of Trade and Industry (MTI), was passed by parliament on 9 January 2023 and is likely to enter into force in mid to late 2024. The Bill aims to...more

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