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CFIUS promised enforcement guidance last year. So, where is it?
The now-former head of CFIUS Thomas Feddo (see related resignation article, below) promised enforcement guidelines to help companies understand how CFIUS would use its powers. Six months later, Feddo is gone, and no guidance has been issued. Details are inside.
Experts decipher the impact of Thomas Feddo’s exit from CFIUS
As we reported in a special edition last week, Thomas Feddo, who oversaw CFIUS as Assistant Secretary for Investment Security, has left the Treasury Department. Details, insights from experts, and new contact information for CFIUS interim leadership are inside.
Here’s a first: French authorities block acquisition by U.S. company
For the first time, French authorities have blocked the acquisition of a technology company by a U.S. corporation, citing “national strategic interests” and protection of the French defense industry. Details, the case, contacts, the lessons, and more are inside.
Texas Rep. challenges CFIUS ruling on China-owned wind farm
Congressman Tony Gonzales (R-Texas) has publicly challenged a decision by CFIUS to approve the sale of a wind farm to a company with ties to the Chinese Communist Party. Details, the letter, our related coverage, and contacts are inside.
New DoD marketplace matches critical tech with vetted investors
The U.S. Department of Defense has launched a Trusted Capital Digital Marketplace, which will connect “trusted sources of funding” with providers of emerging technologies required for national security. Details, contacts, the actual marketplace, and more are inside.
Webcast to cover CFIUS, export controls and Biden administration
Vinson & Eklins partner Damara Chambers, who made our “Top Advisors 2020” list, will cohost an upcoming Webcast on recent trade and investment developments. The session will also cover what to expect in the Biden administration. Details and registration information are inside.
CFIUS expert: Cos. should consider FDI issues “very early” in process
This week, we sit down (virtually, of course) with Laura Fraedrich, who has deep expertise in FDI requirements. According to Laura, parties should remember that CFIUS might have jurisdiction “even when it does not seem that there are foreign parties involved.” Details are inside.
NYSE delists three Chinese companies, and Trump bans eight
In case you missed it, last week saw a flurry of activity as the New York Stock Exchange proceeded with a plan to delist three Chinese companies, and President Trump issued an Executive Order to ban transactions with eight Chinese apps. Details, the orders, and more are inside.
FCC seeks input on standardized set of national security questions
The FCC is seeking comments on a set of questions for applications that will get foreign-ownership reviews by Team Telecom. Details on the “standardized national security and law enforcement questions,” the public notice, instructions, contacts, and more are inside.
Congressional Research Service publishes overview on FDI issues
A Congressional research agency has published an overview of key issues related to foreign investment and national security. The report provides a “plain English” summary of key positions and upcoming decisions for members of Congress. Details and the report are inside.
China issues CFIUS-like national security rules for investment
As expected, China has issued its own CFIUS-like regime that covers foreign investments and acquisitions in critical sectors including energy, technology and financial services. Details, the rule, key insights, and more are inside.
Canadian government blocks Chinese acquisition of gold mine
In one of the first actions since strengthening its foreign investment review process, the Canadian government has blocked the acquisition of a gold mine by a Chinese company. Details, source documents, contacts, and an overview of the Canadian regime are inside.
Company provides details on its CFIUS monitoring agreement
As Foreign Investment Watch has covered extensively, the number of mitigation agreements monitored by the Department of Justice is on the rise. This week, we provide details on one company’s monitoring conditions, and revisit the basics on mitigation agreements.
Compliance Reminder: New Team Telecom rules effective Dec. 28
As we covered back in October, the FCC has adopted a new Team Telecom review process that should improve the transparency and timeliness of foreign ownership reviews. The new review process becomes effective this week. Details, downloads, fact sheets and contacts are inside.
What a Biden administration might mean for national security reviews
The Biden administration will break sharply from the policies of the Trump administration in many ways. But one area where continuity is expected is the steady growth of regulatory scrutiny of foreign investments in the U.S. Details are inside.
Startup maps technologies to international regulatory regimes
A new Israeli company has launched a defense and dual-use export-control platform that can analyze technologies and map them to multiple international regimes, from the U.S. and EU to the Wassenaar Arrangement. Details, screenshots, and contacts are inside.
Everything about the CFIUS portal you were afraid to ask
As we covered back in June, CFIUS has a new online portal that must be used to file any draft or formal written notice or declaration. We’ve fielded a lot of questions about the process, so we’re re-publishing coverage, instructions, tips, manuals, FAQs, and new Treasury screenshots of the actual forms.
Compliance Reminder: Australia’s temp. FDI threshold lifts on Jan. 1
As we covered earlier this year, Australia had dropped its foreign direct investment screening threshold to $0 to address perceived risks arising from the pandemic. Those temporary measures are about to lift, but new FDI measures come into effect on the same day. Details, contacts and more are inside.
CFIUS experts on move: Partner jumps from Kirkland to Weil
The former Director of Foreign Investment Risk Management at DHS has joined the law firm of Weil, Gotshal & Manges. The move is the latest of several that Foreign Investment Watch has been tracking over the last 18 months, as firms stock up on CFIUS expertise. Details, other recent moves, and contact information are inside.
CFIUS Filing Decision Flowchart
Foreign investment Watch created a simple CFIUS online workflow tool, which should help companies think through key decisions when considering filing with CFIUS. Meant for informational purposes only, the tool does not constitute guidance or legal advice.