As expected, Treasury has published its final rule that would increase penalties, define timelines regarding mitigation agreement negotiations, and expand CFIUS’s ability to request information from transaction parties. The final rule doesn’t stray far from the original proposal. Details, impact inside.
As expected, Treasury has issued a final rule that expands CFIUS’s ability to review real estate transactions near more than 60 military sites. We covered the original proposal back in July; Treasury Secretary Yellen says the move will “significantly expand” CFIUS’s real estate capabilities.
As expected, the Department of Justice has issued a proposed rule addressing threats from adversarial nations attempting to access and exploit the sensitive personal data of U.S. citizens. The rule was prompted by an Executive Order, and tweaks the DoJ’s advanced notice from March. Details inside.
Data centers have been top-of-mind: They were included in the latest White House CET list, and Pres. Biden recently prohibited the purchase of a data center near an Air Force Base in Wyoming. Now Commerce has expanded a pre-approval program to include data centers. Details inside.
As expected, the Bureau of Industry and Security has published its proposed rule that would prevent the import or sale of connected vehicles that use hardware or software “with a sufficient nexus” to China or Russia. Some of the prohibitions would take effect as early as Model Year 2027. Details inside.
As we mentioned in last week’s edition, the Treasury Department has proposed a new rule that would expand the number of military installations over which CFIUS has jurisdiction. This is the second expansion of the real estate provisions of FIRRMA in the last year, and it won’t be the last. Details inside.
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.
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.
Last week, the Bureau of Industry and Security announced it was seeking feedback and insights on issues involving “information and communications technology and services” in connected vehicles that are developed or supplied by foreign adversaries. Details, the ANPRM and more are inside.
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.
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.
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.
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.
As expected, the Treasury Department has issued its final rule that modifies the mandatory declaration provision of FIRRMA, and tweaks the definition of the term “substantial interest.” Details, summary, downloadable fact sheet, contacts, and the complete rule are available inside.
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.
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.
On Wednesday, the U.S. Treasury Department proposed to revise rules that require declarations for certain foreign-investment transactions regarding critical technologies. Details, the proposed regulation, contacts, and instructions for commenting on the proposal are inside.
Okay, so we wouldn’t necessarily put this in the category of “breaking news.” But the Committee did just publish specific contacts for specific provisions of FIRRMA. Details, new phone numbers, and specific email addresses are inside.
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.
This week, the U.S. Treasury Department proposed rules regarding the fees companies would pay to file voluntary notices with CFIUS. Details, fees, contacts, and more are inside …