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Compliance reminder: New CFIUS and EU rules are now in effect

Compliance reminder: New CFIUS and EU rules are now in effect

Just a friendly reminder that the new CFIUS critical technology mandatory filing requirement took effect this week, as did EU’s new screening mechanism for foreign direct investments. Key details are inside, as are complete frameworks, fact sheets, FAQs, and more.

Bill would enable UK to unwind deals over national security

Bill would enable UK to unwind deals over national security

According to reports, a new plan being written in London would give the British government the power to unravel foreign investments in UK companies if national security is at risk. Details, related coverage, the draft of the proposal, and more are inside.

Commerce Dept. implements controls on emerging technologies

Commerce Dept. implements controls on emerging technologies

As anticipated, the Bureau of Industry and Security at Commerce issued its final rule regarding multilateral controls on emerging technologies. The U.S. and other nations had agreed to implement these controls last year. Details, the final rule, contacts and more are inside.

Head of CFIUS provides intel on non-notified transactions, more

Head of CFIUS provides intel on non-notified transactions, more

During an Oct. 2 online forum, the head of CFIUS provided a series of updates and insights on topics ranging from treatment of joint ventures to upcoming enforcement guidelines. Details, excerpts, key quotes, contacts, and the full video are inside.

FCC streamlines its process for reviewing foreign ownership

FCC streamlines its process for reviewing foreign ownership

This week, the Federal Communications Commission adopted new rules that should improve the transparency and timeliness of foreign ownership reviews. Details on the new “Team Telecom” review process, and how it relates to CFIUS, are inside.

Insights on when to consider CFIUS mitigation requirements

Insights on when to consider CFIUS mitigation requirements

As we covered back in July, the number of mitigation agreements monitored by the DoJ has nearly doubled. So this week, we turned to Keith Ausbrook, an expert on monitoring and compliance, to outline practical steps that may be helpful when mitigation is required.

Latest CFIUS updates, reports on TikTok, Riot and other companies

Latest CFIUS updates, reports on TikTok, Riot and other companies

We’ve been wary of covering the TikTok noise, because, well, who isn’t covering it? But this week we provide a quick update on some of the more high-profile CFIUS proceedings, including an expanded investigation of two other gaming companies connected to China’s Tencent.

National security expert on global trends, CFIUS scrutiny, more

National security expert on global trends, CFIUS scrutiny, more

This week, we sit down (virtually, of course) with Farhad Jalinous, Partner and Chair of the Foreign Direct Investment Reviews and US National Security/CFIUS Practice at White & Case to discuss the impact of the election, COVID, global trends, and more.

Final rule modifies mandatory declarations, “substantial interest”

Final rule modifies mandatory declarations, “substantial interest”

As expected, the Treasury Department has issued its final rule that modifies the mandatory declaration provision of FIRRMA, and tweaks the definition of the term “substantial interest.” Details, summary, downloadable fact sheet, contacts, and the complete rule are available inside.

Sen. Rubio asks CFIUS to review another acquisition

Sen. Rubio asks CFIUS to review another acquisition

Senator Marco Rubio (R-FL) has asked CFIUS to look into the Chinese acquisition of health and nutrition retailer GNC. This is not the first time Sen. Rubio has sent such a request. Details, context, and the actual letter are inside.

How to prepare for CFIUS-related questions from potential investors

How to prepare for CFIUS-related questions from potential investors

This week, Adelicia Cliffe and Jana del-Cerro, both partners in the Washington, D.C., office of Crowell & Moring, provide insights on how companies can both prepare for CFIUS-related questions from investors, and alleviate potential investor concerns about CFIUS risks.

“Foundational technologies” at heart of Commerce Dept.  proposal

“Foundational technologies” at heart of Commerce Dept. proposal

The Bureau of Industry and Security has published a proposal on the definition of “foundational technology.” The definition will impact CFIUS, as these foundational items also qualify as “critical technologies” under FIRRMA. Details, full text, action items, and contacts are inside.

Survey data show executives not educated on, prepared for, CFIUS

Survey data show executives not educated on, prepared for, CFIUS

A new survey by Foreign Investment Watch shows that executives feel neither educated nor adequately prepared to comply with new FIRRMA rules. When asked how educated they felt about CFIUS rules or filing processes (on a scale of one to ten, with ten being “very prepared”) the average response was only four. Details inside.

CFIUS risk assessments, audits, and mitigation agreements

CFIUS risk assessments, audits, and mitigation agreements

This week, we speak (virtually, of course) with Michael Rose, National Practice Leader for CFIUS Advisory Services at EisnerAmper. On tap: Pre-filing risk assessments; pitfalls for companies to avoid; controls and procedures to ensure compliance with mitigation agreements; third-party compliance audits; and more.

Presidential order on TikTok has weekly certification, audit terms

Presidential order on TikTok has weekly certification, audit terms

As expected, President Trump has ordered Beijing-based ByteDance to sell its U.S. assets and destroy data of U.S. users. The order includes an onerous weekly certification requirement for ByteDance, and enables CFIUS to access their offices and IT systems until the divestiture is complete. Details and the full order are inside.