Sheppard Mullin CFIUS Attorneys is an author at Global Trade Law Blog.
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Protective Packaging: The EU’s Economic Security Package Changes the Landscape in Global Technology Controls
The EU plans to step up controls on its home-grown technology. That is the short version.
Continue Reading Protective Packaging: The EU’s Economic Security Package Changes the Landscape in Global Technology ControlsShould You Be Concerned About Foreign Entities of Concern?
Grants and tax credits, who doesn’t love them? The Bipartisan Infrastructure Law (BIL) is full of them, and recent Department of Energy (DOE) Notification of a Proposed Interpretive Rule provides guidance on who will get to benefit from those grants and tax credits. The BIL is a historic investment in U.S. infrastructure, the breadth of which is beyond the scope of this blog. However, thankfully, the DOE Proposed Rule focuses on batteries.
Continue Reading Should You Be Concerned About Foreign Entities of Concern?The Semiconductor Moment
- Semiconductors are the only commodity that are as ubiquitous and as heavily regulated.
- Semiconductors are unique: nothing so common is as tightly controlled, and nothing so tightly controlled is as common.
- But this puts the industry in an extremely complex position.
- Other industries may ask . . . are we next?
Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions over the past year). This is the start of the reverse Committee on Foreign Investment in the United States (CFIUS) process that has been mostly speculation (and blog articles) until yesterday. In conjunction, the Treasury Department issued a press release, fact sheet, and Advance Notice of Proposed Rulemaking (ANPRM) seeking comments from the public on the proposed restrictions by September 28.
Continue Reading Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum ComputingU.S. Outbound Investment Restrictions Are Becoming a Reality
Key Takeaways:
- Outbound investment rules may require notification, but there is less risk of transactions being blocked by regulators.
- Investments in advanced semiconductors in China may still be subject to being blocked.
- The required notification, review, and possible restriction still represents a massive increase (from almost nothing) in regulation on outbound investments.
- Increases in the scope and powers of the reviewers may follow in future regulations or legislation.
New Year, New Development: Fewer Industries May be Affected by Proposed Outbound Investment Controls (Reverse CFIUS)
Key Takeaways
- New outbound investment controls likely to focus on semiconductors, AI, and quantum computing.
- Biotechnology and battery technology investments overseas may not be subject to the upcoming proposed controls.
Will We Ring in the New Year with Outbound Investment Restrictions?
As we close out a wild year for international trade regulation,[1] after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops. Since the summer, we have talked here about potential outbound investment reviews (reverse CFIUS? SUIFC?). And while there have been reports of potential action by both Congress and the Biden Administration on outbound investment, it is all the more possible to see executive action before a new Congress takes seat.
Continue Reading Will We Ring in the New Year with Outbound Investment Restrictions?First-Ever Executive Order on CFIUS Highlights Biden’s National Security Priorities
On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal process, the Biden Administration provides some explicit guidance on certain national security priorities and factors for CFIUS to consider when evaluating transactions – focusing in on protecting U.S. technological advantage, supply chain resiliency, and sensitive data from U.S. adversaries. No doubt, the E.O. will impact certain cross-border transactions and investments as CFIUS develops strategies to incorporate the E.O. into practice and align national security priorities with other national security tools.
Continue Reading First-Ever Executive Order on CFIUS Highlights Biden’s National Security PrioritiesReverse CFIUS? S∩IℲƆ? New outbound investment review process becoming more likely
So you’d like to build a new fabrication facility in China, or just add some capabilities to your existing plant? Well, the U.S. Government may want to have a look at that transaction—and may soon have the authority to stop that transaction.
Continue Reading Reverse CFIUS? S∩IℲƆ? New outbound investment review process becoming more likelyCFIUK Comes to Life: The National Security and Investment Act 2021
A new framework for foreign direct investments in the United Kingdom
Takeaways
- The United Kingdom Government has adopted a CFIUS-style National Security and Investment Act (“the Act”).
- The new law takes effect in later in 2021, but UK Government may look back at deals from November 2020 onward.
- The Act is considered one of the most far-reaching systems in the world, carrying civil and criminal penalties for a failure to notify.
- A notifiable acquisition completed without the approval of the Secretary of State is void (of no legal effect).
- The UK Government has stated that it will work closely with investors to help ease the market into the new framework of investment rules.
Continue Reading CFIUK Comes to Life: The National Security and Investment Act 2021