Status: Clearance Acquirer: OMERS Infrastructure Management Inc. (Canada) Acquired: FS Saguaro, LLC, certain assets, and the Development Business of First Solar, Inc. (US) Value: US$261 million Industry: Energy… Continue Reading
Status: Clearance Acquirer: Clairvest Group Inc. (Canada) Acquired: O&M business of First Solar, Inc. (US) Value: US$213 million Industry: Energy… Continue Reading
International M&A practitioners are used to dealing with CFIUS for any transaction involving assets in the US. The Europeans M&A practitioners are, however, catching up, and many multijurisdictional deals will now face clearance in a number of countries. The latest addition to the list, the UK National Security and Investment Bill, is broad in scope … Continue Reading
Status: Undetermined Acquirer: Brookfield Asset Management Inc. (Canada) Acquired: American Equity Investment Life Holding Company (US) Value: US$675 million Industry Tags: Financial Services; Insurance… Continue Reading
Status: Upcoming/New Filing Acquirer: Affiliates of Wafra Inc. (US) Acquired: Colony Capital, Inc. (US) Value: US$213 million Industry: Network and Data Solutions… Continue Reading
UPDATE: On April 29, 2020, the US Department of the Treasury (the Treasury) issued an interim rule, effective May 1, 2020, concerning applicable filing fees for formal notice filings with the Committee on Foreign Investment in the United States (CFIUS or Committee), essentially implementing the proposed rule issued on March 9, 2020.… Continue Reading
The EU’s trade commissioner had urged member states to ramp up screening levels of foreign direct investment (FDI) in order to prevent predatory takeovers of key businesses during the coronavirus pandemic.… Continue Reading
Status: Clearance Acquirer: Citiking International US LLC (China) Acquired: One Aviation Corporation (US) Value: US$198.8 million debt value Industry: Aerospace… Continue Reading
In a rapidly changing business environment, the trade compliance practitioner’s expertise will be needed to safely navigate mergers, acquisitions and different types of partnerships with foreign entities.… Continue Reading
On January 6, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration Regulations (EAR) to make software specially designed to automate the analysis of geospatial imagery subject to the EAR and to impose a requirement of a license for the export and reexport of such software. The … Continue Reading
UPDATE: An annotated form of the full list of covered investment critical infrastructure and functions related to covered investment critical infrastructure as proposed by CFIUS that is referenced below is now available under the CFIUS Resources section of this blog. On September 17, 2019, the US Department of the Treasury issued proposed regulations to implement the … Continue Reading
Keep US Open to Chinese Business: 维持一个对华企业开放的美国： How to Cope With Strengthened US Export Controls and CFIUS 应对日趋严格的美国出口管制和CFIUS审查的实务指南 Friday, October 11, 2019 – Shanghai (2019 年10月11日，周五 – 上海) Tuesday, October 15, 2019 – Beijing (2019 年10月15日，周二 – 北京)… Continue Reading
Accessing the US Market: Regulatory and Policy Insights and Strategic Advice for Japanese Investors Wednesday, October 9, 2019 – Chiyoda-ku, Tokyo 9:30 am to 12:30 pm JST. Event includes lunch. … Continue Reading
On May 22, shortly before the US Memorial Day holiday weekend, the US House and Senate committees with jurisdictions over foreign investments in the US unanimously passed their respective legislations that would greatly expand the authority bestowed on the Committee on Foreign Investment in the United States (CFIUS). The bipartisan, bicameral effort introduced the Foreign … Continue Reading
The Foreign Investment Risk Review Modernization Act of 2017 (S. 2098/H.R. 4311, FIRRMA for short) was introduced in Congress to reform the national security review of foreign acquisitions of US businesses by the Committee on Foreign Investment in the United States (CFIUS or the Committee). However, FIRRMA extends well beyond this purpose of reviewing acquisitions … Continue Reading
On November 2, 2017, Representative Christopher Smith (R-NJ), introduced a bill that would “authorize a review of financial services industry requirements of the People’s Republic of China and the implications of such requirements on national security interests of the United States.” (H.R. 4235, 115th Congress, Nov. 2, 2017). The bill would require the Secretary of … Continue Reading
Status: Presidential Order Acquirer: Canyon Bridge Capital Partners, Inc. (US); China Venture Capital Fund Corporation Limited (China) Acquired: Lattice Semiconductor Corp. (US) Value: Approximately US$1.3 Billion Industry: Integrated Circuits; Electronic Engineering; Semiconductors… Continue Reading
TPP – Opposition Remains Strong. Senate Majority Leader Mitch McConnell (R-Kentucky) stated last week that the U.S. Senate will not vote on TPP’s implementing legislation during lame-duck session of Congress as many – including the Obama Administration – had hoped, saying: The current agreement, the Trans-Pacific agreement, which has some serious flaws, will not be … Continue Reading
