Half of the respondents to a recent FIW survey said that they “occasionally” experienced delays or changes in investment plans due to regulatory review. Also inside: a look at which regulatory authorities have had the greatest impact on foreign investment decisions, and for which types of deals.
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surveyVast majority of readers expect final rule on outbound to drop in Q4
Where is the final rule on outbound investment? We haven’t gotten a good answer, so we polled readers for the ETA. When asked when they thought the final rule would drop, the vast majority (88.3%) predicted that the rule would drop in Q4; most picked the month after the election. Details inside.
Survey: When will the outbound rule drop? Place your bets now
As most Foreign Investment Watch readers know, the Treasury Department issued its ANPRM on outbound investment eight months ago, but we still have no update on the final rule. Since our readers have been pretty good at making predictions, we’re asking them again to give us the over-under.
Survey: CFIUS imposing mitigation agreements without negotiations?
We’ve now heard from multiple parties claiming that CFIUS has imposed mitigation agreements on a permanent basis without negotiating with the transaction parties. Experts say this would be an important development with unintended consequences. We’re collecting data inside…
Many VCs may be underestimating the full impact of outbound rule
The vast majority of venture capital firms say they will not be impacted much by the Treasury’s proposed rule on outbound investment. That’s according to our latest survey; only 16 percent of respondents said they would be impacted “significantly” by the proposal. Details inside.
U.S. government kicks off latest survey of foreign direct investment
Every five years, the Bureau of Economic Analysis conducts a comprehensive survey regarding foreign direct investment in the U.S. And guess what? 2023 is it. But unlike the efforts of CFIUS, the BEA’s survey is focused on financial and operating data, not national security. Details inside.
Now taking nominations for our annual list of “Top Advisors 2023”
Nominations are now open for our 2023 “Top Advisors” ranking, which will list some of the leading experts providing advice and counsel at the intersection of national security and foreign investment. Nominations can be made via email, and are due by Jan. 31, 2023.
Readers predict CFIUS won’t levy first fine until after April Fool’s Day
As we covered in October, CFIUS has published enforcement guidelines, but has yet to levy any fines. So we asked readers to predict when we’d see the first penalty for “failure to file a mandatory declaration or notice.” The line was set at April Fool’s Day, 2023. Readers took the “over.” Results inside.
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.
When will CFIUS levy first fine for “failure to file?” Place your bet now.
The new CFIUS enforcement guidelines warn of penalties for three “acts or omissions,” including failure to file a mandatory declaration or notice. So, when will that first fine come? The line has been set at April Fool’s Day, and a free one-year subscription goes to any reader who picks the right date.
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.
Survey: Will outbound national-security reviews become reality?
Based on questions from readers, we’ve decided to do a quick pulse survey on the prospects for a national-security review regime for outbound investments. Is an Executive Order coming? How about legislation? When? Take the survey, and we’ll publish results in an upcoming edition.
Most CFIUS non-notified inquiries related to deals only three years old
Among the more interesting data points in our third annual CFIUS survey: The vast majority of non-notified inquiries (81.3 percent) were related to transactions within the last three years. Also of interest: Most respondents would like to see formal guidance from the Committee. Details inside.
Our third annual CFIUS survey tackles non-notifieds, NSAs, more
How many of your clients have been contacted by CFIUS regarding a non-notified transaction? And how old were those transactions? That’s just some of the data we’ll share in our latest study. The survey is only 10 questions, and should take you 60 seconds. Please take it now, thanks!
Survey: Most U.S. voters support some foreign investment screening
A new survey from a global consulting firm has found that U.S. voters “broadly support export controls and investment screening” for critical technologies on national security grounds. However, voters seem to have little appetite for total bans. Details, data and the complete survey are inside.
Exclusive survey: CFIUS readiness improved over the last 12 months
According to a new survey conducted by Foreign Investment Watch, both corporate executives and outside counsel feel more knowledgeable about CFIUS, and feel better prepared to comply with filing obligations or inquiries from the Committee. Details and data inside.