The Committee on Foreign Investment in the United States (“CFIUS”) has published proposed regulations that would change the trigger for mandatory filing requirements for certain transactions involving critical technologies from the North American Industry Classification System (“NAICS”) code system to one that examines whether a US export control license would be required to transfer the … Read more

The US Department of Treasury (“Treasury”) has issued regulations that require filing fees on certain filings made to the Committee on Foreign Investment in the United States (“CFIUS”). Treasury’s actions follow proposed regulations, released in March 2020, that called for filing fees for certain transactions (as we reported), consistent with the previously-enacted Foreign Investment Risk … Read more

President Trump has issued an Executive Order (“EO”) establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (the “Telecom Committee”). The Telecom Committee will advise the US Federal Communications Commission (“FCC”) concerning national security risks presented by non-US (foreign) investment in the US telecommunications services sector. Although the … Read more

Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation is now available. Foreign Direct Investment (FDI) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Against a background of mounting protectionist rhetoric, countries traditionally open to investment (such as the US, UK and Australia) are moving towards … Read more

The US Department of Treasury (Treasury) has issued proposed regulations to implement changes – made by the Foreign Investment Risk Review Modernization Act (FIRRMA) – that expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). The proposed regulations are notable to the extent they: Define CFIUS jurisdiction over certain “non-controlling … Read more