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 Computing

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.

Continue Reading U.S. Outbound Investment Restrictions Are Becoming a Reality

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.

Continue Reading New Year, New Development: Fewer Industries May be Affected by Proposed Outbound Investment Controls (Reverse CFIUS)

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?

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 likely