News & Analysis as of

National Security Joint Venture China

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

BakerHostetler

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

BakerHostetler on

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

Mayer Brown on

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

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

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

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

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

Holland & Knight LLP

Trump Administration Examines U.S. Universities' Partnerships with Chinese Entities

Holland & Knight LLP on

Amid the Trump Administration's plan to reduce China's access to U.S. intellectual property, the federal government is imposing tighter scrutiny over U.S. universities' research partnerships with Chinese entities. The move is...more

Morgan Lewis

Implications for Chinese Investment in the US After Section 301 Report

Morgan Lewis on

Section 301 provides the president with broad authority to implement new policies and procedures that could impact reviews of Chinese investment in the United States. The president could rely on the International Emergency...more

Sheppard Mullin Richter & Hampton LLP

The Future of CFIUS: Perhaps Not So Happy a New Year

‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more

Bradley Arant Boult Cummings LLP

CFIUS: New Teeth, Bigger Bite?

The United States governmental committee charged with reviewing foreign mergers and acquisitions with U.S.-based companies or affiliates for potential national security concerns may soon be getting a new set of teeth. The...more

Hogan Lovells

U.S. Treasury Secretary Mnuchin Urges Amending CFIUS Reviews

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On Thursday, May 18, U.S. Treasury Secretary Steven Mnuchin waded further publicly into efforts on Capitol Hill to amend the authorizing statute underlying the Committee on Foreign Investment in the U.S. (CFIUS), a U.S....more

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