News & Analysis as of

Foreign Investment New Regulations

Hogan Lovells

At long last - New opportunities for foreign investment in Vietnam’s banking sector

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Vietnam's banking sector, historically constrained by tight foreign ownership restrictions and capital adequacy demands, is set to benefit from Decree No. 69/2025/ND-CP, in effect since 19 May 2025. This Decree strategically...more

K&L Gates LLP

Proposed Retaliatory US Taxes Would Impact Cross-Border Transactions

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Executive Summary - Retaliatory tax provisions contained in H.R. 1, the “One Big Beautiful Bill Act” that recently passed the US House of Representatives, if enacted, would drastically impact common cross-border transactions,...more

DLA Piper

Revised EU FDI Screening Regulation’s Direction of Motion Following the European Parliament’s Review

DLA Piper on

The EU Foreign Direct Investment (FDI) Screening Regulation (Regulation) entered into force in October 2020. It aims to create a cooperation mechanism which enables EU member states and the European Commission (EC) to...more

Seward & Kissel LLP

Should you call 911 about Section 899?

Seward & Kissel LLP on

On May 22, 2025, the House of Representatives passed by a one-vote margin the “One Big Beautiful Bill Act” (the “House Bill”), which has now moved to the Senate for consideration. This Memorandum discusses the House Bill’s...more

McDermott Will & Emery

The Proposed US Tax Regime for Non-US Investors and Companies

McDermott Will & Emery on

On May 22, 2025, the US House of Representatives narrowly passed a sweeping $3.8 trillion tax reconciliation package known as the One Big Beautiful Bill Act. The legislation now moves to the US Senate, where significant...more

Fox Rothschild LLP

US Treasury Department Has Begun Enforcing New Outbound Investment Rules

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The U.S. Department of the Treasury has started enforcing final regulations that restrict, and in some cases prohibit, U.S. companies, funds and individuals from making certain investments in some technology industries owned...more

Vinson & Elkins LLP

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment”

Vinson & Elkins LLP on

The Texas legislature has been active recently in proposing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Texas does not currently have state-level restrictions on foreign ownership of...more

White & Case LLP

Breaking Barriers: China’s New IDC Open-Up Opportunities for Foreign Investors

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The demand for data centers is skyrocketing in the era of digital transformation, driven by the growth of cloud computing and AI technologies. Historically, China has tightly restricted or even barred foreign investment in...more

Hogan Lovells

U.S. Treasury announces fast track pilot program for foreign investment reviews

Hogan Lovells on

Key takeaways U.S. Treasury to establish a “fast track” foreign investment review process. It will include a “Known Investor” portal that allows the submission of information in advance of filing with Committee on Foreign...more

Cooley LLP

US Outbound Investment Enforcement Is Now Live

Cooley LLP on

Despite uncertainty amid talks of reforming the Outbound Investment Security Program (OISP), the US Department of the Treasury is already actively pursuing enforcement actions against transaction parties that may have...more

Torres Trade Law, PLLC

First Quarter Foreign Direct Investment Updates

On February 21, 2025, the Trump administration published its “America First Investment Policy” memorandum. Among other items, the Policy calls for the United States to restrict China-affiliated persons from investing in...more

BCLP

First Decision Published by the Commission Under the FSR

BCLP on

The European Commission finally published, more than 6 months after its adoption, its first decision under the Foreign Subsidies Regulation (“FSR”)....more

Pillsbury Winthrop Shaw Pittman LLP

DOJ Releases Its Data Security Program Compliance Guide

The guide outlines the requirements of a newly implemented Data Security Program designed to prevent China, Russia and other foreign adversaries designated by the U.S. Department of Justice from accessing American’s sensitive...more

American Conference Institute (ACI)

[Event] 11th National Conference on CFIUS - April 24th - 25th, Washington, DC

Determine how the new administration will affect CFIUS practitioners and how the committee will continue its enforcement practices at ACI’s 11th National Conference on CFIUS. ​Don’t miss your best opportunity to hear how your...more

Buchalter

The U.S. Finalizes Outbound Investment Restrictions on Technology Development

Buchalter on

Precedent-Setting Investment Restrictions – On January 2, 2025, the U.S. will start restricting foreign investments by U.S. persons in certain national security technologies. The Outbound Investment Rule and associated...more

Fenwick & West LLP

Compliance Deadline Approaches for New Regs Targeting U.S. Investment in Chinese AI, Semiconductors, Quantum Tech

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On November 15, the U.S. Department of the Treasury published final regulations to implement its long-awaited “Outbound Investment” Security Program, which the Biden Administration originally introduced in August 2023 under...more

WilmerHale

New Chinese Regulation on Fair Competition Review

WilmerHale on

On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1.  According to the Regulation, administrative agencies and...more

Jones Day

CFIUS Signals Enhanced Enforcement Focus With New Proposed Changes to Regulations

Jones Day on

On April 11, 2024, the Treasury Department announced a prepublication copy of a proposed rule amending the regulations of the Committee on Foreign Investment in the United States ("CFIUS") (the "Proposed Rule")....more

ArentFox Schiff

CFIUS Bites Back: Proposed New Enforcement Powers and Penalties

ArentFox Schiff on

In an effort to give the Committee on Foreign Investment in the United States (CFIUS) more “bite,” yesterday the Committee published a Notice of Proposed Rulemaking (NRPM) in the Federal Register to enhance its procedures and...more

White & Case LLP

European Commission proposes measures to up the ante on EU FDI screening

White & Case LLP on

Foreign direct investment ("FDI") screening was one of the major topics of 2023 as a myriad of new regimes joined the FDI club and its more seasoned members continue to strengthen scope and enforcement, with the impacts felt...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

A&O Shearman on

On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more

White & Case LLP

FDI Update in Singapore: Introduction of New Significant Investments Review Bill

White & Case LLP on

Following other countries which have tightened regulations on foreign investments in sectors sensitive to national security, Singapore has on 3 November 2023 announced the introduction of the Significant Investments Review...more

McDermott Will & Emery

ELTIF 2.0 - Eine Alternative Zum Offenen Immobilien-Publikumsfonds?

McDermott Will & Emery on

I. Einleitung - Der European Long-Term Investment Fund (ELTIF) ist ein europäisches Anlageinstrument, das aus wirtschaftspolitischen Erwägungen eingeführt wurde, um bestimmten Branchen und Unternehmen zusätzliche...more

Jones Day

Foreign Direct Investment Screening in the Netherlands: New Regime In Force

Jones Day on

In Short - The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a...more

Jones Day

Spain Approves New Foreign Direct Investment Regulation

Jones Day on

In Short - The Development: The Spanish government adopted a new foreign direct investment ("FDI") implementing regulation ("Regulation") that clarifies key concepts of the existing law, such as investment, investors, and...more

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