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Bill would give governors power to question CFIUS about transactions

Bill would give governors power to question CFIUS about transactions

A U.S. Senator has introduced a bill that would force CFIUS to respond to inquiries from governors about transactions within state borders. The proposal runs counter to FIRRMA and current practice, and raises questions about the states’ role in national security, just as the states ramp up activity. Details inside.

BIS proposed “IaaS” rule could have much broader impact on AI market

BIS proposed “IaaS” rule could have much broader impact on AI market

As expected, the Bureau of Industry and Security has floated a rule that would require U.S. “Infrastructure as a Service” providers to verify the identity of foreign customers, and disclose when those entities train certain AI models. Experts say the rule could broadly impact the cloud market.

Is CFIUS imposing NSAs without negotiating terms? Rumors abound.

Is CFIUS imposing NSAs without negotiating terms? Rumors abound.

According to some readers of Foreign Investment Watch, CFIUS has imposed National Security Agreements by order on a non-interim basis, and has done so without negotiating with the transactions parties. Experts say this would be an important development with far-reaching implications.

China Select: Five VCs invested $3B into Chinese cos. supporting CCP

China Select: Five VCs invested $3B into Chinese cos. supporting CCP

Last week, the China Select Committee completed an investigation that found five venture capital firms have invested billions into Chinese companies “that both created dangerous People’s Liberation Army weapon systems” and developed technologies for surveilling the population. Findings, report inside.

At hearing, experts back sanctions, entity-based approach to outbound

At hearing, experts back sanctions, entity-based approach to outbound

At a House Financial Services Committee hearing on outbound, experts stated that Biden’s E.O. would create a “cumbersome and unnecessary bureaucratic process,” and that outbound investment authorities “should not be located within CFIUS.” Details, insights, and copies of the testimony are inside.

Help fellow readers: Questions on land deals near grid facilities, more

Help fellow readers: Questions on land deals near grid facilities, more

It’s been a while since we published a “request for answers,” but two readers recently posed interesting questions related to foreign investment in agriculture land that we thought worth posing to the community. If you respond to these questions, we’ll publish your answers in a future edition.

Join Foreign Investment Watch at ACI; exclusive discount for readers

Join Foreign Investment Watch at ACI; exclusive discount for readers

The 10th National Conference on CFIUS takes place April 11-12 in Virginia, and we’ll be there. Several members of our Editorial Advisory Board are speaking, and we’ve negotiated an exclusive discount for Foreign Investment Watch readers. Details and our discount code are inside.

CFIUS non-compliance: Causes and tips for avoiding enforcement risks

CFIUS non-compliance: Causes and tips for avoiding enforcement risks

CFIUS has been ramping up enforcement activity, but the Committee has not yet published details on penalties. So we asked an experienced third-party monitor and auditor to help us understand the issues that typically emerge as root causes for non-compliance, and increase the risk of enforcement.

Former CFIUS head on outbound, Nippon, the GAO report, and more

Former CFIUS head on outbound, Nippon, the GAO report, and more

In our latest episode of “Ten With Tom,” former Assistant Secretary for Investment Security Thomas Feddo tackles everything from the DoD’s “proximity playbook” to his beloved Buffalo Bills. Feddo even predicts what we’re going to see in the next CFIUS report (he hasn’t been wrong yet). Video inside.

EU proposes to tighten the screws on foreign investment screening

EU proposes to tighten the screws on foreign investment screening

Last week, the European Union proposed a number of initiatives to strengthen economic security. Among them: changes to address shortcomings in existing screening mechanisms, and a “step-by-step analysis of outbound investments.” Details, white papers, fact sheets, and proposals inside.

Congressional leaders propose bill in wake of GAO report on Ag data

Congressional leaders propose bill in wake of GAO report on Ag data

Well, that didn’t take long. Fresh on the heels of a GAO report about flawed data regarding foreign agricultural transactions in the U.S., a bipartisan group of Congressional leaders have proposed a bill that would improve the tracking of foreign investment in farmland. Details, draft inside.

Data on foreign investments in U.S. agricultural land flawed, outdated

Data on foreign investments in U.S. agricultural land flawed, outdated

According to a new report, U.S. data on foreign investments in agricultural land are outdated and incomplete. As a result, “CFIUS does not currently have regular and timely access” to the data for national security reviews. Details, the report, context, and recommendations are inside.

Air Force has “proximity playbook” for assessing risks, and we have it

Air Force has “proximity playbook” for assessing risks, and we have it

Buried deep inside a report on the quality of foreign agricultural holdings data was news that the U.S. Air Force had developed a yet-to-be published “playbook” for assessing the national-security risk of agricultural land near military installations. Foreign Investment Watch was given a copy, inside.

Exclusive: Former Treasury DAS on CFIUS trends, predictions and more

Exclusive: Former Treasury DAS on CFIUS trends, predictions and more

Until just a few weeks ago, Brian Reissaus was Deputy Assistant Secretary for Investment Security Ops at Treasury, where he managed Treasury’s role as chair of CFIUS. We caught up with Reissaus during the holiday season, played some true-false, and had him look into his crystal ball for 2024.

Survey: CFIUS imposing mitigation agreements without negotiations?

Survey: CFIUS imposing mitigation agreements without negotiations?

We’ve now heard from multiple parties claiming that CFIUS has imposed mitigation agreements on a permanent basis without negotiating with the transaction parties. Experts say this would be an important development with unintended consequences. We’re collecting data inside…

Congressional letters to Treasury seek action on foreign transactions

Congressional letters to Treasury seek action on foreign transactions

Last week, Congressional leaders from Kansas and Montana sent letters to the Biden Administration requesting that CFIUS review specific transactions in their states. Both deals involved investors or corporations tied to the Chinese Communist Party. Details, the letters, and context are inside.

Schneider Electric’s CLO on dealing with CFIUS, assessing risks, more

Schneider Electric’s CLO on dealing with CFIUS, assessing risks, more

Right before the new year, we sat down with Peter Wexler, Senior Vice President and Chief Legal Officer at the $36 billion energy management firm Schneider Electric. We talked with Wexler about his experience interacting with CFIUS, how he mitigates potential national security risks, and more.

Now accepting nominations for our annual list of “Top Advisors 2024”

Now accepting nominations for our annual list of “Top Advisors 2024”

It’s that time of year again! We’re now taking nominations for our 2024 “Top Advisors” list, which includes experts who provide advice and counsel regarding national-security reviews of foreign investments in the U.S. and abroad. Nominations are due by Feb. 16, 2024. Get ’em in now, folks!

Missouri is latest state to bar foreign adversaries from purchasing land

Missouri is latest state to bar foreign adversaries from purchasing land

As we’ve been covering extensively, numerous U.S. states (and even cities) have taken action to regulate foreign investment within their borders. Add Missouri to the list. Last week, Governor Mike Parson restricted the purchase of agricultural land near the state’s military facilities. Details inside.

Exclusive: CFIUS official opines on ’24 priorities, staffing hires, more

Exclusive: CFIUS official opines on ’24 priorities, staffing hires, more

Last week, Foreign Investment Watch spent some time with a senior CFIUS official, who provided updates on recent staffing changes, and insights into the Committee’s priorities for 2024. According to the official, the first tranche of proposed changes to FIRRMA may come as early as Q1. Details inside.