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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.
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.
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.”
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.
Last week, the Bureau of Industry and Security at Commerce published a final rule that included new controls on certain biotech software. Details on the new rule, how it could trigger mandatory CFIUS filings, and what companies should expect, are inside.
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.
Last week, the U.S. and EU Trade and Technology Council met for the first time to coordinate approaches on numerous topics, including export controls and foreign investment screening. What’s the TTC? We’ve got details, contacts, the statement, next steps, and more inside.
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.
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.
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.
As we reported last week, the Biden Administration has been picking up the pace of nominations. This week, he selected a long-time intelligence expert to serve as Assistant Secretary of Terrorism and Financial Intelligence at the Treasury Department. Details inside.
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.
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.
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.
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.
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.
The UK’s Competition and Markets Authority, which has national-security review powers similar to CFIUS, is looking into the acquisition of UK defense company Ultra Electronics by a U.S.-owned company. Details, filing documents, contacts, and more are inside.
Two U.S. Senators have sent a letter to Treasury Secretary Janet Yellen, renewing a request to have CFIUS review the transactions of Brazilian meatpacking conglomerate JBS. Details, prior attempts, context, and the actual letter are inside.
As we’ve reported extensively, CFIUS is increasingly utilizing mitigation agreements to resolve national security risks. This week, two experts provide recommendations that organizations should consider as they work through the mitigation agreement process.
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.