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Opportunities for VCs, startups under FIRRMA and COVID-19
Despite the unexpected downturn in the economy caused by the pandemic and a tightened regulatory framework, there are opportunities for both VCs and startups, provided they use proper structural and governance measures. Extensive details are inside.
Law firm reloads CFIUS practice with Deputy U.S. Trade Rep.
The law firm of Skadden Arps is reloading, after three high-profile CFIUS experts left the law firm last year. This week, Deputy U.S. Trade Representative Jeffrey Gerrish rejoined the firm in its CFIUS and National Security Group. Details, history, contacts and more are inside.
Senators want CFIUS to study pharma supply chain
Two U.S. Senators have introduced legislation that would have CFIUS study “overreliance on foreign countries and the impact of foreign direct investment” on the U.S. pharmaceutical industry. The DNA analysis industry would also be reviewed. Details, the legislation, a related report, and contacts are inside.
Encouraging sign? CFIUS clears Chinese wind farm deal
CFIUS recently cleared a greenfield wind farm in Texas, which is to be built by a subsidiary of a Shanghai-listed energy company. The deal would have been subject to the real estate provisions of FIRRMA, as it’s located near Laughlin Air Force Base. Details, insights, source materials, and contact information is inside.
Firm provides insights on CFIUS mitigation measures
As we reported last month, the most recent report from CFIUS provided data on covered transactions, filings and investigations. This week, two experts look at the data to provide insights into mitigation measures negotiated and adopted in 2018. Their examples of mitigation measures proposed are inside, as are extensive details, contact information, and related resources.
A look at the impact of COVID on global FDI screening mechanisms
This week, two legal experts provide insights on the impact of the Coronavirus on the screening mechanisms being used around the world for foreign direct investment. Insights from Germany, Italy, Spain, France and more are inside, as are source documents and contact information of the authors.
Officials provide details on bulk power system Executive Order
Two Department of Energy officials have provided some details on President Trump’s latest Executive Order, which prohibits the purchase or installation of certain bulk-power equipment tied to a foreign adversary. Inside are details, their “four pillars,” the Order, the full speech, contacts, and more.
Former GC at Office of Director of National Intelligence on CFIUS
The former general counsel of the Office of the Director of National Intelligence recently discussed CFIUS, and “misperceptions of what the DNI’s role is” in the CFIUS process. Details, key insights, an audio file of the speech, and contact information are inside.
CFIUS provides details on monitoring and enforcement
The Treasury Department finally provided details on how it handles “non-notified” transactions, enforces its regulations, administers penalties, and oversees compliance with mitigation agreements. Details and contacts are inside.
Australia latest to strengthen foreign investment rules
Australian leaders unveiled a new policy that would enable the government to block foreign investment in local companies, or impose conditions to ensure national security. Details, key provisions, a downloadable booklet, the investment policy, contacts, and more are inside.
Will CFIUS disproportionately impact healthcare startups?
On a recent CFIUS webcast, an expert in the venture capital industry provided insights and data that point to increased risks for biotech and life-science startups. Details, the full webcast, slide excerpts, and contact information are inside.
Compliance reminder: CFIUS portal must be used from now on
Just a friendly reminder that, as of June 1, CFIUS’s swanky new online portal must be used to file any draft or formal written notice or declaration. Details, links, instructions, manual, contacts, and more are inside.
Part three in our illustrated series: CFIUS filing process
This week, we provide the last in our series of illustrations from a new book on CFIUS. This week: the CFIUS filing process. Download the illustration, plus previous images, book information, author contact, and more.
Five best practices to navigate CFIUS under the new regulations
This week, two legal experts provide readers of Foreign Investment Watch their “top five” best practices for navigating CFIUS under the new regulations. Details inside.
Part two in our illustrated series: Real estate transactions
This week, we provide the second of three illustrations from a new book on CFIUS. This week: real estate transaction risk analysis. Download the illustration, plus last week’s image, book information, author contact, and more. Next week: the filing process.
CFIUS investigations decreased in 2018; latest data available
This week, CFIUS filed its annual report to Congress, disclosing the latest data on investigations, notices withdrawn, average days to complete reviews, and more. Details, charts, highlights, and the full report are inside.
Treasury unveils new CFIUS case management portal
On May 20 the Treasury Department unveiled its anticipated CFIUS Case Management System. Details, access instructions, user manual, contacts, and more are inside.
CFIUS proposes change to critical tech “mandatory declarations”
On Wednesday, the U.S. Treasury Department proposed to revise rules that require declarations for certain foreign-investment transactions regarding critical technologies. Details, the proposed regulation, contacts, and instructions for commenting on the proposal are inside.
Exclusive: Process illustrations from upcoming CFIUS Book
This week, we provide the first of three illustrations from the second edition of a book on CFIUS. This week’s illustration: a transaction risk analysis process. Next week: real estate transactions. Download the illustration inside, plus more on the author, contact details, book ordering information, and more.
“We are deemed a foreign person”: Sample disclosures
Last week, a reader asked us to track down an example of a foreign person disclosure. So we did. Inside are a couple pre- and post-FIRRMA disclosures, with details, original filings, contact information, and more.