The Department of Homeland Security has published its annual Homeland Threat Analysis, which provides insights into the most “pressing threats” to the U.S. during the next fiscal year. The new report debuts a section called “Economic Espionage and Influence.” Details, report inside.
Hot Topics
Research & ReportsReport says “hundreds of millions” in U.S. research has helped China
A new report shows how the Chinese defense industry has benefited from technological advances developed by U.S. funded researchers. Specifically, joint institutes between researchers in the U.S. and China have served as conduits for transferring critical technologies to China. Details, report inside.
Behind the numbers: Fewer filings, NNTs and site visits; more penalties
Last week, CFIUS released its annual report to Congress. The report finally shined some light on the penalties issued by the Committee, and provided additional details on site visits and other compliance metrics. Lots of interesting data, and we’ve got highlights, experts insights, and the complete report.
Chinese greenfield investments in EU surge despite M&A slowdown
According to a new report, Chinese investments in Europe dropped to the lowest levels since 2010, and the value of Chinese M&A fell 58% in 2023. China’s economic challenges and increased scrutiny of foreign investment into Europe certainly played a role. The outlier? Chinese greenfield investments.
New report quantifies risk of outbound investments in China
A new report says that U.S. investment funds “generally avoid” sanctioned security issuers in China, but that they “struggle to steer fully clear” of them. At the same time, actively managed funds have relatively low exposure to sanctioned and blacklisted Chinese cos. Details, report inside.
Report includes blueprint for states to regulate foreign RE investment
A conservative think tank, The Heritage Foundation, has published a report that, among other things, criticizes current attempts to regulate foreign investment, and proposes model legislation that states can utilize to combat China’s “land grabs” of U.S. land. Details and the report are inside.
Tracking violations of mitigation agreements has been “challenging”
Last week, the GAO published a 49-page report that evaluated how CFIUS and members agencies monitor nearly 230 active mitigation agreements and enforce compliance. Apparently, there’s some work to be done. Details, current shortcomings, and recommendations are summarized inside.
Report: Wall Street steered $6B to PRC companies; regulation next?
A long-awaited report from the House Select Committee says that U.S. financial services firms facilitated investment of more than $6.5 billion to 63 Chinese companies that the U.S. government had red-flagged or blacklisted. The Committee is now recommending legislation to regulate that activity.
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.
Report on screening mechanisms: Restrictive regimes still attractive
A new 50-page research report from the Bank of France may be one of the first to measure the restrictiveness of foreign investment regimes. The report also looks at economic impact; some of the most restrictive countries still remain the most attractive to foreign investors. Details inside.
Exploring the legal issues that could impact national security reviews
A new report highlights several legal issues that could arise from proposals to “expand or create” new national security review mechanisms. Among them are due-process provisions that allow parties in a divestment order to see the information CFIUS used to make its decision. Details, report inside.
CFIUS reviewing fewer deals, taking longer, imposing more mitigation
As we noted last week, the Committee published its latest report to Congress. In short: There are fewer transactions clearing in the declaration process, more notices proceeding to investigation, and more mitigation agreements. Details, report, and a downloadable spreadsheet of data inside.
Report: 17% of investment deals in Chinese AI cos. include U.S. VC
A new report out of Georgetown University may be the first to analyze data on outgoing U.S. investment into Chinese artificial intelligence companies. The report includes a wealth of data, and may offer much-needed context for a possible outbound regime. Details and the report are inside.
Latest CFIUS reports from CRS may hint at future Congressional actions
The Congressional Research Service has published its latest briefings on CFIUS for elected officials. The two-page reports are generally uncontroversial summaries of recent developments, but they do include “considerations for Congress,” which may act as an early-warning system on future actions.
Judicial deference, contracting costs, and national security creep
We’re not ones for academic research papers, but a recent 66-page essay by two professors actually got our attention. The professors argue that the expansion of CFIUS’s jurisdiction and national security “creep” may have broader implications on dealmaking and the economy. Details inside.
Top 10 takeaways from the latest CFIUS annual report to Congress
As we reported last week, CFIUS reviewed a record number of transactions in 2021, according to the Committee’s latest report. For additional insights, we turned to Grigore Alexandru, who broke down the DoD’s unclassified CFIUS procedures for us earlier this year. His “top 10” takeaways are inside.
Congressional Research Service publishes overview on FDI issues
A Congressional research agency has published an overview of key issues related to foreign investment and national security. The report provides a “plain English” summary of key positions and upcoming decisions for members of Congress. Details and the report are inside.
Survey data show executives not educated on, prepared for, CFIUS
A new survey by Foreign Investment Watch shows that executives feel neither educated nor adequately prepared to comply with new FIRRMA rules. When asked how educated they felt about CFIUS rules or filing processes (on a scale of one to ten, with ten being “very prepared”) the average response was only four. Details inside.
CFIUS investigations decrease in latest report to Congress
CFIUS posted its annual report to Congress. Inside, we provide extensive details, including charts of notices, investigations and withdrawals, as well as an update on mitigation agreements, enforcement, time to respond by CFIUS, sectors and countries most impacted, and more.
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.