Hot Topics

Rules
CFIUS to increase max penalties to $5M, expand its use of subpoenas

CFIUS to increase max penalties to $5M, expand its use of subpoenas

The Treasury Department has proposed a rule that would “enhance certain CFIUS procedures” and sharpen its penalty and enforcement authorities. The proposed changes reflect the Committee’s evolution and increased focus on monitoring, compliance, and enforcement. Details are inside.

Exclusive conversation with the DoJ on new bulk personal data proposal

Exclusive conversation with the DoJ on new bulk personal data proposal

In our latest video conversation, we discuss the ANPRM on bulk sensitive personal data with Eric Johnson, Principal Deputy Chief of the DoJ’s Foreign Investment Review Section. We cover advisory opinions, overlap with CFIUS, timelines, and the “Four Knows” that every company should grasp.

BIS proposed “IaaS” rule could have much broader impact on AI market

BIS proposed “IaaS” rule could have much broader impact on AI market

As expected, the Bureau of Industry and Security has floated a rule that would require U.S. “Infrastructure as a Service” providers to verify the identity of foreign customers, and disclose when those entities train certain AI models. Experts say the rule could broadly impact the cloud market.

Compliance reminder: Commerce finalizes and publishes ICTS rule

Compliance reminder: Commerce finalizes and publishes ICTS rule

The Commerce Department has published its final version of the “Securing the Information and Communications Technology Supply Chain” rule, which was proposed back in 2021. The final rule tweaks some definitions, and clarifies what transactions Commerce can evaluate. Details inside.

Eight military bases to be added to CFIUS list of covered installations

Eight military bases to be added to CFIUS list of covered installations

As most readers know, CFIUS has jurisdiction over certain real estate transactions near some specific military installations. But the list of locations, which was created by the DoD, did not include sites like Grand Forks Air Force Base. Well, it looks like that’s about to change. Details and proposal are inside.

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.

“Foundational technologies” at heart of Commerce Dept.  proposal

“Foundational technologies” at heart of Commerce Dept. proposal

The Bureau of Industry and Security has published a proposal on the definition of “foundational technology.” The definition will impact CFIUS, as these foundational items also qualify as “critical technologies” under FIRRMA. Details, full text, action items, and contacts are inside.

Senators want CFIUS to study pharma supply chain

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.

Japan proposes new rules on foreign direct investment

Japan proposes new rules on foreign direct investment

As expected, Japan’s Ministry of Finance proposed new rules on foreign direct investment, citing a “global trend” and specifically mentioning the adoption of FIRRMA. Details, prior coverage, downloadable resources, and more are inside.