On May 21, 2020, the Department of the Treasury published in the Federal Register a proposed rule to modify certain regulations of the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). While the CFIUS notification process remains largely a voluntary process with
CFIUS
CFIUS Filing Fees Go Into Effect May 1, 2020
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On April 29, 2020, the U.S. Department of the Treasury’s Office of Investment Security published an interim rule in the Federal Register that establishes a range of fees for formal written voluntary notices filed on or after May 1, 2020 with the Committee on Foreign Investment in the United States (CFIUS). The interim rule largely…
CFIUS and Covered Real Estate Transactions: Update on Geographic Reference Tools
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On February 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) fully implemented the Foreign Investment Risk Review Modernization Act (FIRRMA) (see Trump and Trade Update of January 22, 2020). Under FIRRMA, CFIUS was granted additional authority to review certain real estate transactions involving foreign persons when the public or…
Proposed Regulations to Institute CFIUS Filing Fees; Comments Due April 8
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On March 9, 2020 the Department of the Treasury (Treasury) published in the Federal Register proposed regulations to establish a fee for parties filing a voluntary notice of certain transactions for review by the Committee on Foreign Investment in the United States (CFIUS). The regulation would establish a fee for both “covered transactions” involving investments…
President Trump Orders Unwinding of 2018 Chinese Acquisition of U.S. Company
In a rare move, President Donald Trump has issued an Executive Order that the Committee on Foreign Investment in the United States (CFIUS) direct the foreign parties involved in the acquisition of StayNTouch, Inc., a U.S. company, to divest their interests in the company. President Trump found credible evidence that Beijing Shiji Information Technology Co.,…
CFIUS Publishes Final Regulations to Reform National Security Reviews for Certain Foreign Investments and Real Estate Transactions in the United States
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The Committee on Foreign Investment in the United States (CFIUS) has published its final regulations to fully implement the updated national security review process of foreign direct investments in the United States as set forth in the Foreign Investment Risk Review Modernization Act (FIRRMA). This law made various amendments to the CFIUS review process, including…
CFIUS 2016-2017 Annual Report Reveals Continuing Upward Trend in Filings
The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee headed by the Department of the Treasury, is authorized to review transactions that could result in the control of U.S. businesses by foreign persons or companies in order to determine the effect of such transactions on the national security of the United…
Treasury Proposes CFIUS Regulations Covering Certain Non-Controlling Investments and Real Estate Transactions
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The U.S. Department of the Treasury (Treasury) has issued proposed regulations concerning the Committee on Foreign Investment in the United States (CFIUS) that will fully implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The proposed regulations were published in two parts in the Federal Register:
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Treasury Releases Interim Rules Expanding Scope of CFIUS and Creating Pilot Program for Certain Transactions
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On October 10, 2018, the U.S. Department of the Treasury issued several amendments and temporary regulations expanding the authority of the Committee on Foreign Investment in the United States (CFIUS). The Foreign Investment Risk Review Modernization Act, enacted as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, laid the…
Treasury Releases New Rules Targeting Foreign Investment in U.S. Industries
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On October 10, 2018, the U.S. Department of the Treasury released temporary regulations expanding the authority of the Committee on Foreign Investment in the United States (CFIUS). This important first step comes after the passage of the Foreign Investment Risk Review Modernization Act (FIRRMA), enacted this past August, which laid the initial framework for the…