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CFIUS
FCC Commissioner says that CFIUS should take action to ban TikTok

FCC Commissioner says that CFIUS should take action to ban TikTok

Brendan Carr, one of the five commissioners at the Federal Communications Commission, told the media that CFIUS should take action to stop U.S. data on TikTok from flowing back to China. “I don’t believe there is a path forward for anything other than a ban,” he said. Details and context inside.

Is CFIUS administratively “off the rails?” Concerns, pushback inside

Is CFIUS administratively “off the rails?” Concerns, pushback inside

For the last three months, Foreign Investment Watch has been collecting data from corporations, lawyers and former regulators regarding frustrations with speed, process, and quality control at CFIUS. Inside, we outline their six key issues, and offer pushback and counter-arguments as well.

CFIUS (finally!) publishes some enforcement and penalty guidelines

CFIUS (finally!) publishes some enforcement and penalty guidelines

In one of Paul Rosen’s first acts as head of CFIUS, the Treasury Department has issued formal enforcement and penalty guidelines. The guidance, promised more than two years ago, includes an interesting list of factors that CFIUS considers when determining penalties. Details and guidance inside.

Experts: CFIUS should be a federal Commission on par with SEC, FCC

Experts: CFIUS should be a federal Commission on par with SEC, FCC

Two partners at the law firm of Morgan Lewis have crafted an intriguing proposal: That national security reviews of foreign investments merit a full-on Commission, not an ad-hoc Committee. “CFIUS is ready for its next evolutionary step,” they argue. Details and the actual proposal are inside.

Paul Rosen is confirmed by U.S. Senate to serve as head of CFIUS

Paul Rosen is confirmed by U.S. Senate to serve as head of CFIUS

As expected, the U.S. Senate has confirmed Crowell & Moring partner Paul Rosen to be Assistant Secretary for Investment Security at the Department of Treasury. Rosen will serve as head of CFIUS, a position that has been vacant since Thomas Feddo departed in Jan. 2021. Details inside.

We take you inside the nomination hearing for next head of CFIUS

We take you inside the nomination hearing for next head of CFIUS

The Senate Banking Committee has held its hearing to consider the nomination of Paul Rosen as Assistant Secretary of Investment Security at the Treasury Dept. Details, insights, photos and questions from committee members like Sen. Catherine Cortez Masto are inside.

Paul Rosen is confirmed by U.S. Senate to serve as head of CFIUS

Nomination hearing for next head of CFIUS is set for this Wednesday

As we reported last month, Crowell & Moring partner Paul Rosen has been nominated to be the next Assistant Secretary for Investment Security at Treasury. The Senate Banking Committee has just scheduled its nomination hearing. Details and the link to watch are inside.

Treasury wants to identify, process non-notified transactions faster

Treasury wants to identify, process non-notified transactions faster

The U.S. Treasury Department has released its strategic plan for the next four years. Among the strategies to be employed: “accelerating the timelines for identification and processing” of covered transactions that aren’t voluntarily filed with CFIUS. Details, context and full plan are inside.

Is CFIUS doubling down on non-notified transactions from Russia?

Is CFIUS doubling down on non-notified transactions from Russia?

Foreign Investment Watch has received unconfirmed reports that CFIUS is taking a particular interest in non-notified transactions involving Russian parties, and may be reviewing deals that are up to 10 years old. Inside are expert insights, related data, and recommended steps to consider.

Paul Rosen is confirmed by U.S. Senate to serve as head of CFIUS

Finally! President Biden nominates Paul Rosen to serve as CFIUS head

It only took 14 months, but Crowell & Moring partner Paul Rosen has been nominated to be the next Assistant Secretary for Investment Security at the Department of Treasury. The role, empty since Thomas Feddo left in Jan. 2021, serves as head of CFIUS. Details, next steps inside.

One year later, and we still have no Biden nominee for head of CFIUS

One year later, and we still have no Biden nominee for head of CFIUS

Well folks, it’s been a full year since Thomas Feddo stepped down from the position of Assistant Secretary for Investment Security at the Department of Treasury. Our readers predicted that President Biden would nominate a head of CFIUS by April of last year. Boy were they wrong.

CFIUS updates list of excepted foreign states; adds New Zealand

CFIUS updates list of excepted foreign states; adds New Zealand

As its first act in the new year, the Committee on Foreign Investment in the U.S. has updated its list of excepted foreign states, with a few minor tweaks and one addition. The move was considered underwhelming by some. Details, context, the rule, and fact sheet are inside.

DoD publishes procedures for reviewing CFIUS transactions

DoD publishes procedures for reviewing CFIUS transactions

The Department of Defense has published a 45-page document that outlines procedures for reviewing and monitoring transactions filed with CFIUS. Of special interest may be an appendix with a list of factors the DoD considers when conducting risk-based analyses.

Should states have mechanism for channeling concerns to CFIUS?

Should states have mechanism for channeling concerns to CFIUS?

A well-respected law school professor has published an essay that explores the overlap of state laws and CFIUS. The essay explores whether state and local officials should have a mechanism for channeling concerns and local knowledge into the CFIUS process. Details inside.

CFIUS updates list of excepted foreign states; adds New Zealand

Proposed rule on excepted foreign states would delay CFIUS decisions

The U.S. Treasury Department has proposed a rule that would give CFIUS more time to determine whether excepted foreign states have developed a “robust process” for analyzing foreign investments for national security risks. Details, contacts, insights, and more are inside.

Federal Maritime Commissioners want CFIUS to review port deal

Federal Maritime Commissioners want CFIUS to review port deal

In a recent letter to Treasury Secretary Janet Yellen, two Federal Maritime Commissioners have requested that CFIUS review the national security implications of a bid for Ports America by a Canadian pension fund. Details, the letter, contacts, and context are inside.

Treasury team is scouring for non-notified transactions. Here’s how

Treasury team is scouring for non-notified transactions. Here’s how

As most Foreign Investment Watch readers know, the Treasury Department has built a new team whose sole mission is to find transactions that were not filed with CFIUS. This week, a former Treasury official explains their process, and provides tips for those in their crosshairs.

Responding to CFIUS follow-up questions: A guide to building trust

Responding to CFIUS follow-up questions: A guide to building trust

This week, two CFIUS experts provide insights on responding to information requests from the Committee. Trust and transparency are crucial, they say. “Failure to establish trust may jeopardize successful reviews of even the most benign of transactions.” Details and tips inside.

CFIUS myths debunked: “Wait and see” approaches, form types, more

CFIUS myths debunked: “Wait and see” approaches, form types, more

In a recent conversation with former DoD attorney advisor Chris Griner, we discussed four myths regarding CFIUS reviews. This week, the chair of Stroock’s National Security and CFIUS group spells it out for us. Among his tips: Don’t wait for CFIUS when it comes to mitigation.