News & Analysis as of

National Security Joint Venture

A&O Shearman

Deal structuring in focus as U.S. outbound investment regime takes effect

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Navigating the Committee on Foreign Investment in the United States has long been a key consideration for inbound investors to the U.S. But at the start of 2025, a new regulatory framework was introduced to limit certain...more

Bradley Arant Boult Cummings LLP

Steel Wars: Foreign Steel Can Dodge U.S. Tariffs, but Not U.S. Control. A New Era for Investing in American Steel Begins

The doubling of steel and aluminum tariffs by the Trump administration—from 25% to 50% within just three months—is a significant escalation in trade policy and the fulfillment of a Trump campaign promise. The U.S. also...more

Holland & Knight LLP

Podcast - What Are Joint Ventures and When Should They Get Cleared?

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In this episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey speaks with Washington, D.C., International Trade attorney Andrew McAllister about joint ventures and how they interact with facility...more

BakerHostetler

White House Increases Scrutiny on Foreign Investors: Why FOCI Is a Concern for International Businesses

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Foreign Ownership, Control, or Influence (FOCI) refers to a situation where a foreign entity has the power to directly or indirectly influence the management or operations of a company. FOCI can result from legal means like...more

Mayer Brown

US China Trade Monthly - December 2024

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As global economic and geopolitical environments enter a new era, companies need to continuously develop and adjust their coherent global business strategies to secure and further expand business opportunities in all markets...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

Pillsbury Winthrop Shaw Pittman LLP

The Treasury Department Finalizes U.S. Outbound Investment Rules

The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk. The regulations have broad...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

Miller & Martin PLLC

Five Things to Consider When Doing Business with Foreign Companies

Miller & Martin PLLC on

Doing business with foreign entities can result in greater opportunities for U.S. businesses. Per the Tennessee Department of Economic and Community Development, the state is home to 1,000+ foreign-based companies. What if...more

Ankura

U.S. DOJ’s New Safe Harbor Policy: Conducting Enhanced M&A Due Diligence

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Last month, U.S. Deputy Attorney General Lisa O. Monaco announced a new Safe Harbor Policy for voluntary self-disclosure (the “Policy”) made in connection with merger and acquisition activity. The Policy is intended to bring...more

Skadden, Arps, Slate, Meagher & Flom LLP

Demystifying China’s Merger Review Process

China’s merger clearance authority plays a critical role in global M&A, even for deals that have few obvious ties to China. Particularly in the technology area, China is often the last hurdle to clear. Moreover, unlike those...more

Morgan Lewis

National Security–Related Considerations When Investing in US Companies

Morgan Lewis on

There are many international and Asia-based investors looking to invest in companies in the US for both strategic and commercial reasons, and in return they offer attractive sources of funding. Often, financial investments...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...more

Jones Day

China Further Opens its Market with New "Foreign Investment Law"

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The Situation: The new PRC Foreign Investment Law ("FIL"), as well as its Implementing Regulations ("Implementing Regulations"), took effect on January 1, 2020. In addition to the FIL and the Implementing Regulations, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

McDermott Will & Emery

China’s New Foreign Investment Law: What’s New and What’s Next

McDermott Will & Emery on

On 15 March 2019, the Second Session of the 13th National People’s Congress approved the Foreign Investment Law of the People’s Republic of China to go into effect on 1 January 2020. With it, China’s legal framework...more

Akin Gump Strauss Hauer & Feld LLP

Recent U.S. Sanctions Designations Create Additional Risks for Companies Doing Business with Venezuela

• OFAC recently added a Moscow-based Russian-Venezuelan joint venture bank, Evrofinance Mosnarbank (“Evrofinance”), to the List of Specially Designated Nationals and Blocked Persons (the “SDN List”) for engaging in sanctions...more

Snell & Wilmer

CFIUS Expansion Brings Federal Review to Real Estate

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On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS: China Deals That Can Still Be Done

The Trump Administration is making China deals more difficult. But business has to get done, and companies are finding ways to make progress even under the new CFIUS rules. China deals are harder to do under the Trump...more

Perkins Coie

CFIUS Launches FIRRMA Pilot Program—Mandatory Filings for Foreign Investment in U.S. Critical Technologies

Perkins Coie on

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) became law on August 13, 2018. Under FIRRMA, the Committee of Foreign Investment in the United States (CFIUS) is authorized to conduct pilot programs. On...more

Holland & Hart LLP

Treasury Issues New CFIUS Interim Rules

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On October 10, 2018, the U.S. Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued two interim rules to implement certain provisions of the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #3

How DC Unleashed Fossil-Fuel Exports Despite Climate Worries - "Since Donald Trump took office in 2017, exports of LNG and crude oil have surged, rivaling the likes of Saudi Arabia and Russia." Why this is important: The...more

Jones Day

Anything to Declare? CFIUS to Mandate Declarations from "Critical Technology" Businesses Soon

Jones Day on

The Situation: On October 10, 2018, the U.S. Department of the Treasury ("Treasury") published an interim rule establishing a pilot program for the Committee on Foreign Investment in the United States ("CFIUS") that mandates...more

Bass, Berry & Sims PLC

Proposed CFIUS Reform Moves Forward

Bass, Berry & Sims PLC on

• FIRRMA would significantly expand CFIUS jurisdiction. • Mandatory filing would be required in some cases. • Parties that protect and maintain personal information are likely to face more scrutiny....more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS: Inadvertent “Foreign Person” Status

Hundreds of American companies may have inadvertently become “foreign persons” for CFIUS purposes, at risk of being caught up in the Trump Administration’s restrictions on foreign investment. Many people know that the...more

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