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Category Archives: CFIUS

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CFIUS Reform Legislation Signed into Law – Important Changes Become Effective Immediately

Posted in CFIUS
President Trump signed the Foreign Investment Risk Review Modernization Act (FIRRMA) into law today, August 13, 2018, as part of the National Defense Authorization Act for Fiscal Year 2019 (NDAA). FIRRMA significantly expands the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review transactions that were not previously subject to… Continue Reading

House Passes CFIUS Reform Bill

Posted in CFIUS
The U.S. House of Representatives yesterday passed by an overwhelming margin of 400-2 its version of the Foreign Investment Risk Review Modernization Act (FIRRMA). The landmark bipartisan legislation would significantly expand the jurisdiction and operational mandate of the Committee on Foreign Investment in the United States (CFIUS) and reform the CFIUS review process in a… Continue Reading

Pakistani National Pleads Guilty to FARA Violations

Posted in CFIUS, Economic Sanctions, National Security
Far from the spotlight of Special Counsel Robert Mueller, a Maryland man has pled guilty and is awaiting sentencing for violating the Foreign Agents Registration Act (FARA), highlighting the U.S. Department of Justice’s (DOJ) renewed attention on enforcement of the once little-known FARA. Nisar Ahmed Chaudhry, a U.S. permanent resident and Pakistani national pled guilty… Continue Reading

The Importance of Being Proactive On CFIUS Issues

Posted in CFIUS
Last Friday, Lexmark International Inc., a U.S. manufacturer of printers and imaging products, announced that its proposed $3.6 billion acquisition by a Chinese consortium has been given the green light by the Committee on Foreign Investment in the United States (CFIUS).  Just over a month ago, on August 22, 2016, CFIUS also approved the $43… Continue Reading

CFIUS Considers Changes to Review Process

Posted in CFIUS, National Security
Reports indicate that in the wake of an order from the D.C. Circuit, the Committee on Foreign Investment in the United States (CFIUS) is considering changes to its review process for transactions involving foreign investment in the United States. Last year, CFIUS was ordered to disclose unclassified information on which it based a recommendation to… Continue Reading

Judge Orders CFIUS to Disclose Unclassified Information to Ralls

Posted in CFIUS, National Security
Late in 2012, President Obama blocked Ralls Corporation’s (“Ralls”) acquisition of four Oregon wind farm companies, based on the recommendations of the Committee on Foreign Investment in the United States (CFIUS).  Ralls, whose owners hold senior management positions within the Chinese company, Sany Group, was given 90 days to divest all interest in the wind… Continue Reading

United States and China Reach Agreement on Climate and IT Trade

Posted in CFIUS
At the APEC leaders meeting in Beijing on November 10-11, Presidents Obama and Xi Jinping announced that the United States and China had reached an “understanding” that would allow stalled negotiations to expand the Information Technology Agreement (ITA) to proceed.  The two leaders also announced an agreement regarding emissions reductions, pursuant to which the United… Continue Reading

The Foreign Agents Registration Act: A Trap for the Unwary

Posted in CFIUS, National Security
The Foreign Agents Registration Act (FARA), enacted in 1938 and administered by the FARA Registration Unit of the Counterespionage Section in the National Security Division of the Department of Justice (DOJ), is a little known requirement, statingthat all persons acting as an “agent of a foreign principal” must register with DOJ, unless an exception applies. … Continue Reading

Expanded CFIUS Review Under the DeLauro Bill?

Posted in CFIUS, National Security
2014 continues to be an eventful year for the Committee on Foreign Investment in the United States (CFIUS). On September 18, 2014, Congresswoman Rosa DeLauro has introduced legislation that has the potential to significantly enlarge the Committee’s mandate. Currently, CFIUS reviews foreign acquisitions, mergers, and takeovers of U.S. businesses that raise national security concerns.  The… Continue Reading