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In this episode of LathamTECH in Focus, Silicon Valley partner Tessa Bernhardt examines the global expansion of foreign direct investment statutes, discusses where she is seeing heightened regulatory activity and offers...more
In 2024, the Biden Administration substantially expanded executive branch power to monitor foreign investment into and out of the United States. First, the administration continued efforts to aggressively police compliance...more
On August 28, 2024, FinCEN Final New Rules were published that address vulnerabilities in the U.S. financial system and are part of an on going effort to combat illicit finance and protect U.S. national security, as well as...more
In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...more
On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal...more
For many years, the Committee on Foreign Investment in the United States (“CFIUS”) has had the authority to review non-notified transactions – deals which have not been submitted to CFIUS for review and approval – but until...more
A new National Security and Investment Bill laid before the UK Parliament this week will, on enactment, significantly affect the way investments in the UK can be reviewed by the UK Government where they raise national...more
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
Eighteen months after President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”) which broadened the power of the Committee on Foreign Investment in the United States (“CFIUS”) to review foreign...more
On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). ...more
The Department of Treasury has released the final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which contain significant changes to the process by which the Committee on...more
On January 13, 2020, the U.S. Department of Treasury published final regulations relating to the Committee on Foreign Investment in the United States, or CFIUS. The regulations implement the Foreign Investment Risk Review...more
The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more
On September 17, 2019, the Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States (CFIUS or Committee), issued two sets of proposed regulations seeking to further implement the...more
The U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), yesterday issued temporary regulations in connection with the Foreign Investment Risk Review Modernization Act...more