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Crickets from the Commission: Dealing with CFIUS radio silence

Crickets from the Commission: Dealing with CFIUS radio silence

This week, two CFIUS experts explain the Committee’s decision-making process regarding non-notified transactions. Interestingly, they note that CFIUS doesn’t always notify parties that it won’t pursue a transaction. Inside: What to do when CFIUS stops engaging, and more.

Louisiana senator wants CFIUS to review Chinese “greenfield” deals

Louisiana senator wants CFIUS to review Chinese “greenfield” deals

Sen. John Kennedy (R-La.) has introduced legislation that would put Chinese “greenfield” initiatives under the purview of CFIUS. Kennedy, who floated a similar bill last year, says the move will prevent Beijing from “gaming our system.” Details, the legislation, and more are inside.

Former chair of Team Telecom expects more assertive Committee

Former chair of Team Telecom expects more assertive Committee

This week we sit down with Richard Sofield, the former chair of Team Telecom, to discuss the new Committee, cross-over with CFIUS, and more. Of note: Richard predicts a more active regime. “I think we are seeing Team Telecom become increasingly assertive in multiple ways.”

Group: EU investment screening regime “more porous” than CFIUS

Group: EU investment screening regime “more porous” than CFIUS

A German think tank that focuses on China recently compared foreign investment screening mechanisms in the U.S. versus the EU, and found the European regime more flexible but also potentially less secure. Details, helpful charts, and recommendations are inside.

Latest bill yet another attempt to put Agriculture Secretary on CFIUS

Latest bill yet another attempt to put Agriculture Secretary on CFIUS

A bipartisan group of U.S. Senators and Representatives has floated yet another bill that would put the Secretary of Agriculture on CFIUS, and add agriculture-specific criteria to foreign investment reviews. Complete details, context, and a wrap-up of related prior efforts are inside.

Expert calls CFIUS structure a “nightmare,” recommends a fix

Expert calls CFIUS structure a “nightmare,” recommends a fix

In an opinion piece written for a technology newsletter, Wilson Sonsini partner Stephen Heifetz declared the foreign-investment review process broken, and provided recommendations for fixing it. Inside are Heifetz’s insights and a rebuttal from former Treasury officials.

Biden’s approach to China: Where are we, and where are we headed?

Biden’s approach to China: Where are we, and where are we headed?

According to reports, the Biden Administration is going to launch an investigation into Chinese subsidies under Section 301 of the U.S. trade law. We sit down with Doreen Edelman of Lowenstein Sandler to explore what’s happening, what it means, and what’s next.

Senate confirmation hearing for BIS head underway; why it matters

Senate confirmation hearing for BIS head underway; why it matters

As we’ve been reporting, the Biden Administration has ramped up the volume of nominations for key positions, and the Senate confirmation process is underway. Inside are details on the Commerce Department’s new BIS leader, and how the role connects to CFIUS.

Team Telecom reviewing national security implications of Zoom deal

Team Telecom reviewing national security implications of Zoom deal

The Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Service Sector (known as Team Telecom) is reviewing Zoom’s intended acquisition of call-center software firm Five9 on grounds of national security. Details and docs are inside.

Could latest Biden nominations mean new CFIUS head is coming?

Could latest Biden nominations mean new CFIUS head is coming?

Treasury still has no Assistant Secretary for Investment Security, but the Biden administration has made 40 nominations in the last 30 days, including a key international trade role at Commerce. What do the latest moves mean for CFIUS? Details and insights inside.

Vinson & Elkins reloads CFIUS practice after high-profile exit

Vinson & Elkins reloads CFIUS practice after high-profile exit

The arms race for CFIUS experts continues. Last week, a partner in Wiley Rein’s CFIUS group joined the national security practice at Vinson & Elkins, which had recently lost Damara Chambers to Latham & Watkins. Details, and more recent changes inside.

CFIUS carve outs: Definitions, motivations, and considerations

CFIUS carve outs: Definitions, motivations, and considerations

This week, we discuss “carve outs” with Jonathan Gafni, who previously served in the Office of the Director of National Intelligence. According to Gafni, problems with carve outs can arise when parties want to “have their cake and eat it too.” Details, examples, and tips are inside.

M&A disclosure bill coming for foreign state-owned entities?

M&A disclosure bill coming for foreign state-owned entities?

A Republican Congressman from Wisconsin is preparing legislation that would create a new disclosure requirement for companies that are subsidized by foreign governments. The bill would impact those entities when pursuing large mergers. Details inside.

Exclusive survey: CFIUS readiness improved over the last 12 months

Exclusive survey: CFIUS readiness improved over the last 12 months

According to a new survey conducted by Foreign Investment Watch, both corporate executives and outside counsel feel more knowledgeable about CFIUS, and feel better prepared to comply with filing obligations or inquiries from the Committee. Details and data inside.