As rumors of a forthcoming Executive Order on outbound investment circulate, institutional investors are taking notice. Some advisors are already recommending that venture capital and private equity firms conduct “national security audits” of their portfolio companies. Details inside.
A national security screening mechanism for outbound investments was conspicuously absent from the $280 billion semiconductor bill passed by Congress last week. But the bill did include several outbound “guardrails,” and experts say the doors to an “outbound CFIUS” are still wide open.
A bipartisan group of Congressional leaders is working on a compromise that would create a new screening regime to review outbound investments in China and other adversarial nations. Experts have called the proposed regime “onerous.” A review and the latest updates are inside.
In the latest edition of our short video series “Ten Minutes On,” we discuss the potential for an outbound investment screening regime with expert and professor Sarah Bauerle Danzman. According to Danzman, the latest proposed regime would be “quite onerous.” All the details inside.
Back in early February, we reported that the nearly 3,000-page America COMPETES Act included a proposal to regulate outbound investments. Last week, U.S. Secretary of Commerce Gina Raimondo indicated support for such a process. Details, likelihood, and implications inside.
Buried inside the nearly 3,000-page America COMPETES Act is a proposal to create an interagency process to regulate outbound investments. Details on these “National Critical Capabilities Reviews,” which would be the corollary of the CFIUS inbound review process, are inside.