Tag Archives: CFIUS

New CFIUS Rules to Enhance Enforcement and Investigation Activities

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS), a multi-agency committee administered by the U.S. Treasury Department, released a proposed rule (“Proposed Rule”) to amend the CFIUS regulations.[1]  The Proposed Rule seeks “to enhance the Committee’s identification and resolution of national security risks” by expanding the scope of information … Continue Reading

CFIUS Clearance: Ørsted A/S and Uncommitted lease area for wind development from Eversource Energy

Status:                  Clearance Acquirer:              Ørsted A/S (Denmark) Acquired:             Uncommitted lease area for wind development from Eversource Energy (U.S.) Value:                    $625 million Industry Tags:    Energy… Continue Reading

Upcoming/New Filing: Mars Acquisition Corp. and ScanTech Identification Beam Systems, LLC

Status:                   Upcoming/New Filing Acquirer:               Mars Acquisition Corp. (Cayman Islands) Acquired:              ScanTech Identification Beam Systems, LLC (U.S.) Value:                   $149.5 million Industry Tags:       Logistics; Security Solutions… Continue Reading

Upcoming/New CFIUS Filing: Paccar Inc.; Cummins, Inc.; Daimler Trucks Group Company; EVE Energy Co., Ltd. – Joint Venture

Status:                  Upcoming/New Filing Acquirer:              Paccar Inc. (U.S.); Cummins Inc. (U.S.); Daimler Trucks Group Company (Germany); EVE Energy Co., Ltd. (China) Acquired:             New joint venture (U.S.) Value:                   $2-3 billion Industry Tags:    Battery and Electronic Component Manufacturing; Electric Vehicles… Continue Reading

CFIUS Clearance: Brookfield Infrastructure Partners LP and FirstEnergy Transmission, LLC

Status:               Clearance Acquirer:                         Brookfield Infrastructure Partners LP (Canada) Acquired:                        FirstEnergy Transmission, LLC (U.S.) Value:                              $2.375 billion Industry Tags:             Energy; Regulated Utilities… Continue Reading

North Dakota Law Another Example of State Regulation Over Foreign Acquisitions of Land

On April 29, 2023, North Dakota Governor Doug Burgum signed Senate Bill No. 2371 into law, which prohibits local development and ownership of real property by “foreign adversaries,” effective August 1, 2023. The law sunsets on July 31, 2025 and will be ineffective after that date unless renewed. This state law is one of the … Continue Reading

Upcoming/New CFIUS Filing: Viterra Limited; Glencore PLC; Canada Pension Plan Investment Board; British Columbia Investment Management Corporation; and Bunge Limited

Status: Upcoming/ New Filing Acquirer: Viterra Limited (The Netherlands); Glencore PLC (Sweden); Canada Pension Plan Investment Board (Canada); British Columbia Investment Management Corporation (Canada) Acquired: Bunge Limited (U.S.) Value: $8.2 billion Industry Tags:  Agriculture; Agribusiness… Continue Reading

Proposed Texas Law will Increase CFIUS Risks over Non-Notified Investments in that State

On April 25, 2023, the Texas State Senate Committee on State Affairs unanimously passed Senate Bill No. 2142 that would allow Texas to report any non-notified foreign investments of “concern” to the Committee on Foreign Investment in the United States “CFIUS.”  The pending bill will authorize the Texas Attorney General (“TAG”) to establish a process … Continue Reading

CFIUS Expands Reach of its Covered Real Estate Authority with the Addition of Eight New “Military Installations”

On May 5, 2023, the U.S. Department of Treasury, the agency tasked with administering the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule (88 Fed. Reg. 29003) expanding the list of “military installations” that could trigger CFIUS authority over certain real estate transactions in 31 C.F.R. Part 802 (“Part 802”).  … Continue Reading

CFIUS Clearance: Sino Biopharmaceutical Limited and F-Star Therapeutics, Inc.

Status Tags:        Clearance; Mitigation; Withdraw and Refiled (2d Time); Interim Order; Withdrawn and Refiled Acquirer:            Sino Biopharmaceutical Limited (Hong Kong SAR, China) Acquired:           F-Star Therapeutics, Inc. (United Kingdom; U.S.) Value:                 $161 million   Industry Tags:    Pharmaceutical; Biotechnology; Healthcare… Continue Reading

CFIUS Determination Regarding “Excepted Foreign State”

On February 13, 2022, the Office of Investment Security of the U.S. Department of Treasury, which administers the Committee on Foreign Investment in the United States (CFIUS), published a final determination finding that (1) the United Kingdom of Great Britain and Northern Irelands and (2) New Zealand have the met the criteria for remaining an … Continue Reading
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