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Outbound
Biden to declare national emergency when issuing the outbound regime?

Biden to declare national emergency when issuing the outbound regime?

Last week, Patrick McHenry (R-NC) sent a letter to U.S. Treasury Secretary Janet Yellen questioning the merits of an Executive Order on outbound investment. The letter made two references to “the White House’s interest in declaring a national emergency” to justify the move. Details inside.

G7 acknowledges that outbound “could be important”; still no E.O.

G7 acknowledges that outbound “could be important”; still no E.O.

In a joint statement, the G7 said it recognized that “appropriate measures designed to address risks from outbound investment could be important to complement existing tools” like export controls, but we’re still waiting for a formal Executive Order from the Biden Administration. Details inside.

Will outbound foreign investment review regime be unveiled at G7? 

Will outbound foreign investment review regime be unveiled at G7? 

Last week, Treasury Secretary Janet Yellen confirmed that outbound foreign-investment reviews are coming, and details of the regime are starting to emerge. The latest on timing, a FIRRMA-like pilot program, the notification process, any “look-back” provisions, and more are inside.

EC president: Europe considering reviews for outbound investments

EC president: Europe considering reviews for outbound investments

In a speech last week in Brussels, European Commission president Ursula von der Leyen reiterated that the EC is considering “a targeted instrument on outbound investment.” The regime would likely relate to a “small number” of sensitive technologies. Details and speech inside.

Global FS firm: Threat of outbound regime already impacting managers

Global FS firm: Threat of outbound regime already impacting managers

While law firms have been informing their clients that an outbound foreign-investment review regime is imminent, financial services firms have been relatively silent. Until now. At least one firm expects to see increased due diligence costs, and admits that portfolio managers have already been impacted.

Outbound investment cited in $1.7 trillion government spending bill

Outbound investment cited in $1.7 trillion government spending bill

Right before the new year, President Biden signed a $1.7 trillion spending bill that includes a number of new priorities. Among them: Funding “to consider establishing a program to address the national security threats emanating from outbound investment.” Details, deadlines, and funding inside.

State conducting national security review of investments. New trend?

State conducting national security review of investments. New trend?

South Dakota’s Kristi Noem is the latest governor to call for a review of the state’s investments to determine whether it has any stakes in Chinese companies. She’s not the first governor to conduct a “national security audit,” which we predicted would become more common. Details inside.

Companies, investors unconcerned about outbound regime … so far

Companies, investors unconcerned about outbound regime … so far

Outbound investment reviews are not on the radar screens of U.S. institutional investors or companies. Yet. That’s according to a new FIW survey, which showed nearly half weren’t aware of the potential for outbound investment reviews. Details on impact, preparedness, and expert insights are inside.

Survey: Majority of readers expect outbound E.O. in next nine months

Survey: Majority of readers expect outbound E.O. in next nine months

The vast majority of Foreign Investment Watch readers (69.1%) believe that President Biden will issue an Executive Order requiring national-security reviews of outbound foreign investments in China and other nations. Details on timing and the business impact are inside.

At hearing on outbound screening: Risks, approaches & consequences

At hearing on outbound screening: Risks, approaches & consequences

National security experts debated an outbound foreign investment regime at a recent Senate Banking Committee hearing. According to one expert, whatever the U.S. adopts, “we should be prepared for other countries to develop similar authorities.” Summary, details and testimony inside.

Congressional leaders ask President to take action on outbound regime

Congressional leaders ask President to take action on outbound regime

Three U.S. Senators and five Representatives, including Speaker of the House Nancy Pelosi, have sent a letter to President Biden urging his administration to “move forward with executive action” on an outbound foreign-investment review regime. Details and the actual letter are inside.

Outbound screening is nixed from latest legislation. So what’s next?

Outbound screening is nixed from latest legislation. So what’s next?

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.

Progress being made on revised outbound screening proposal

Progress being made on revised outbound screening proposal

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.

Ten Minutes On: The likelihood of a new outbound screening regime

Ten Minutes On: The likelihood of a new outbound screening regime

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.

Commerce Sec. backs enhancing outbound investment screening 

Commerce Sec. backs enhancing outbound investment screening 

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.

U.S. House proposes an outbound foreign investment review process

U.S. House proposes an outbound foreign investment review process

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.