Please join Baker McKenzie and the Customs and International Trade Bar Association’s (CITBA) National Security and Sanctions Committee for a hybrid roundtable discussion on Tuesday, September 16, from 5:30 – 7:30 PM EDT.The discussion will focus on the current landscape of the Treasury’s inbound and outbound investment rules, including CFIUS updates and the evolving outbound screening framework, with featured panelists Rod Hunter, Partner at Baker McKenzie and Nova Daly, Senior Public Policy Advisor at Wiley…
On February 21, 2025, the US government issued the “America First Investment Policy” memorandum and accompanying fact sheet outlining the principles and objectives of the Trump administration’s investment policy. The memorandum focuses on the prioritization of investments from allies and partners, including those with “tremendous sovereign wealth funds,” and the particular threats posed by foreign adversaries, including China, Hong Kong, Macau, Cuba, Iran, North Korea, Russia and the regime of Venezuelan politician Nicolás Maduro. The…
On July 8, 2024, the U.S. Treasury Department’s Office of Investment Security announced a proposed rule that would expand the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) over transactions by foreign persons involving real estate in the United States. While CFIUS has jurisdiction over all acquisitions by foreign persons of US businesses, CFIUS also has authority to review acquisition of real estate unconnected with a US business where that real estate is…
On April 11, 2024, the U.S. Treasury Department’s Office of Investment Security announced a proposed rule that would modify regulations governing the Committee on Foreign Investment in the United States (“CFIUS”). The proposed rule represents the first substantive update to CFIUS’ mitigation and enforcement provisions since implementation of the Foreign Investment Risk Review Modernization Act of 2018, 50 U.S.C. § 4564 and follows CFIUS’ Enforcement Penalty Guidelines issued on October 22, 2022. Our previous blog…
The Commerce Department has published an Advance Notice of Proposed Rulemaking seeking comments on a proposal to restrict the use of information and communication technologies and services (ICTS) developed or supplied by foreign adversaries (e.g., China) in connected vehicles (CVs), an initiative that could impact virtually all auto makers and their suppliers selling into the US market. To inform its rulemaking, the Commerce Department’s Bureau of Industry and Security (BIS) has requested public comments by…
On February 28, President Biden issued Executive Order 14117 (the EO) directing the US Attorney General and other agencies to promulgate regulations that restrict and, in some cases, prohibit transactions that might involve the sharing of sensitive personal data and government-related data with “countries of concern” (currently China, including Hong Kong and Macau, Russia, Iran, North Korea, Cuba, and Venezuela). In tandem, the Department of Justice (DoJ) issued an Advance Notice of Proposed Rulemaking (ANPRM)…
On February 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a limited preliminary injunction enjoining enforcement against two Chinese national plaintiffs of a new Florida law (SB-264) that restricts certain foreign persons from owning real property on grounds that the plaintiffs have a “substantial likelihood” of prevailing in their argument that federal foreign investment regulation pre-empts the state law. This litigation over the 2023 Florida law, which comes at a time…
Please join Baker McKenzie and ICPA for a fireside chat with Assistant Secretary Axelrod (U.S. Department of Commerce’s Bureau of Industry and Security) where he will share his insights on what to expect in the year ahead for export enforcement. Assistant Secretary Axelrod will provide his perspectives on Bureau of Industry and Security priorities and the multilateral enforcement framework that is emerging globally. At a time when export enforcement priorities are changing rapidly following Russia’s invasion of…
On May 11, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) issued a Frequently Asked Question (“FAQ”), which calls into question the use of “springing rights,” a broadly used instrument to expedite financings while complying with mandatory filing requirements. The FAQ addresses the timing for when a filing must be made for a transaction triggering a mandatory filing. Since implementation of the mandatory filing requirements, transaction parties have used springing or deferred…
On October 20, 2022, the US Treasury Department released the first Committee on Foreign Investment in the United States (“CFIUS”) Enforcement and Penalty Guidelines (the “Guidelines”). The Guidelines provide visibility into factors CFIUS considers when assessing violations of CFIUS laws and regulations, and determining potential penalties. The Guidelines are applied by the Monitoring and Enforcement office, which is part of the US Treasury Department’s Office of Investment Security. The Guidelines apply when CFIUS assesses the…