News & Analysis as of

National Security China Committee on Foreign Investment in the United States

Troutman Pepper Locke

New “Fast-Track” Announced for Foreign Investment Approval

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On May 8, the Treasury Department announced a plan to introduce a new Known Investor portal as a key component of the “fast-track” process for investments by U.S. allies and partners under review by the Committee on Foreign...more

Vinson & Elkins LLP

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

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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

Cooley LLP

CFIUS Non-Notified Transaction Enforcement: Cooley’s Five-Year Lookback

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March 2025 marked the fifth anniversary of the Committee on Foreign Investment in the United States (CFIUS) initiative to “formalize and centralize” within the Department of the Treasury an enforcement function to identify...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Announces Fast Track Pilot Program for Certain Investors

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced plans to establish a “fast-track” review process for the Committee on Foreign Investment in the United States (CFIUS). This initiative implements a key...more

Bass, Berry & Sims PLC

DOJ Publishes Final Rule Restricting Bulk Cross-Border Data Transfers of Sensitive Data to Foreign Persons

On April 8, the U.S. Department of Justice’s (DOJ) Final Rule, codified at 28 CFR Part 202, (Final Rule), implementing President Biden’s Executive Order 14117 “Preventing Access to U.S. Sensitive Personal Data and...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

Latham & Watkins LLP

Deputy Treasury Secretary Provides Key Insights Into CFIUS and Outbound Policy Direction

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Potential policy changes could offer opportunities for CFIUS filers in low-risk transactions while introducing added challenges for transaction parties linked to sensitive countries....more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

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The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Proskauer - Regulatory & Compliance

Trump Administration issues America First Investment Policy

Positive Development for Investors from Allied Nations - In a further solidification of the Administration’s efforts to isolate identified adversaries and strengthen U.S. leadership key strategic technologies, the...more

Goodwin

Life Sciences Companies Must Navigate the DOJ Data Rule

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Life sciences companies have long been outside the scope of US national security regulations and benefited from significant exemptions under US privacy laws. ...more

StoneTurn

Mitigating National Security Threats in Commercial Transactions

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In recent years, the U.S. government has taken a closer look at investments, mergers and acquisitions, and other business activity that may have an impact on U.S. national security. For corporations and investors, this means...more

Mogin Law LLP

Nippon Steel’s U.S. Steel Acquisition Gets Fresh Look by Trump Administration

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President Trump has directed his foreign investment agency to conduct a fresh national security review of Nippon Steel’s proposed acquisition of U.S. Steel, the Wall Street Journal has reported. The proposed $14 billion...more

Torres Trade Law, PLLC

America First Investment Policy Restricts Adversaries and Welcomes Investment from Allies

On February 21, 2025, President Trump issued a memorandum titled "America First Investment Policy" (the “Policy”), outlining new measures to shape U.S. investment policy. Though the Policy makes it clear that the United...more

Dacheng

How China Scrutinizes Foreign Deals: Antitrust and National Security Mechanisms in the BlackRock-Hutchison

Dacheng on

On March 4, 2025, CK Hutchison Holdings Limited (“CK Hutchison”), controlled by the Li Ka-Shing family, announced a significant transaction on the Hong Kong Stock Exchange: the proposed sale of 80% equity in its port business...more

Cooley LLP

The America First Investment Policy

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On February 21, 2025, the White House issued a memorandum announcing the America First Investment Policy (AFIP) and directing executive branch departments and agencies to promulgate rules and regulations to promote America’s...more

Foley Hoag LLP - White Collar Law &...

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. Throughout 2024, enforcement of international trade laws continued to gather pace...more

Guidepost Solutions LLC

America First Investment Policy: Navigating the Shift in CFIUS Mitigation

Every new presidential administration brings with it a degree of uncertainty regarding potential shifts in the Committee on Foreign Investment in the United States (CFIUS) process. This is especially true in our current...more

Hogan Lovells

President Trump issues “America First Investment Policy” proposing significant changes to inbound and outbound investment regimes

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On February 21, 2025, President Trump issued a National Security Presidential Memorandum entitled the “America First Investment Policy” (“NSPM-3”) that outlines the Administration’s national security priorities with respect...more

Wilson Sonsini Goodrich & Rosati

President Trump Issues “America First Investment Policy”

On February 21, 2025, the White House released a memorandum titled, “America First Investment Policy” (the Memorandum). The Memorandum describes how this Administration plans to address U.S. national security risks stemming...more

Mayer Brown

Trump Administration’s “America First Investment Policy” Previews New Restrictions on Inbound and Outbound Investment

Mayer Brown on

On February 21, 2025, President Trump issued a new memorandum addressing both foreign investment into the United States and outbound investment by US persons. Without imposing immediate legal or regulatory changes, the...more

A&O Shearman

President Trump announces “America First Investment Policy”

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On February 21, 2025, President Trump issued a National Security Presidential Memorandum (NSPM) that sets out his administration's “America First Investment Policy,” with a particular focus on promoting foreign investment...more

Troutman Pepper Locke

Investment Reviews, Sanctions, Exports, and More: The Enforcement Outlook Under ‎Trump

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With an array of unprecedented executive orders and other policies, the Trump administration’s “America First” trade strategy is beginning to take shape. As we monitor these developments, it is becoming increasingly clear...more

Faegre Drinker Biddle & Reath LLP

Trump Administration’s America First Investment Policy to Bring Changes to CFIUS and Outbound Investment Reviews

Below is a summary of some of the measures identified in the Policy, and some suggestions for what foreign and domestic investors should be considering as this goes into effect....more

K&L Gates LLP

Trump Administration Directs CFIUS to Tighten Restrictions on Investment From Certain Countries While Easing National Security...

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On 21 February 2025, President Donald J. Trump signaled his administration’s approach to foreign investment policy with a presidential memorandum, “America First Investment Policy” (The Policy). Among the most significant...more

Bass, Berry & Sims PLC

America First Investment Policy Sets Sights on China

On February 21, the Trump Administration released the America First Investment Policy (the memo or memorandum). The wide-ranging memo formally targets investment from the People’s Republic of China, including Hong Kong and...more

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