Click here to visit the CFIUS FIRRMA Tool, an online, step-by-step analysis platform to assist in determining whether a contemplated transaction could be subject to CFIUS's jurisdiction under FIRRMA and if mandatory filing requirements would apply On September 17, the US Department of ...
” a subset of U.S. businesses that deal incritical Technologies, critical Infrastructure, or sensitive personal Data (TID). The regulations create mandatory declaration requirements and jurisdictional coverage that reflect the heighted national security risk...
(b) qualifications to be granted EFS status. Notably, investors from EFS countries, while exempt from CFIUS’s jurisdiction over certain noncontrolling transactions, real estate transactions, and from the Committee’s mandatory filing requirements, are still subject to CFIUS jurisdiction with respec...
to staged transactions. Specifically, CFIUS clarified that the “completion date” triggering the deadline for submitting a mandatory filing is the date that the ownership interest is conveyed, not the later date on which the foreign person acquires the non-passive rights that would trigger the man...
Given mandatory filing requirements, expanded CFIUS jurisdiction and CFIUS's aggressive pursuit of non-notified transactions, CFIUS issues must be considered early in any cross-border deal involving a US business or assets to ensure they are managed properly. ...
The final regulations implement FIRRMA’s provisions on mandatory and voluntary filings, which were among the law’s more significant changes to the CFIUS process. Stakeholders should be aware that, although we summarize the filing requirements below, the final CFIUS regulations are comple...
Our services include corporate structuring that addresses CFIUS risk in the initial advice stage, where we evaluate whether a filing is mandatory or advisable, to a decision on the appropriate filing format and strategy, to drafting the CFIUS filing that anticipates and addresses national security...
Practical implications Parties should learn the CFIUS changes as a result of FIRRMA, including the new mandatory filing requirements as well as implications for non-controlling investment transactions. Parties should include CFIUS analysis and planning in the earliest stages of deal planning and due ...
FIRRMA introduces a number of administrative changes to the CFIUS process, including adjustments to the CFIUS timeline, the establishment of filing fees and the creation of short-form summary filings that in some cases will be mandatory. CFIUS will also disclose, as part of its annual report, mo...
CFIUS is (Currently) Voluntary.Although the CFIUS process is voluntary, certain transactions would trigger a mandatory filing under FIRRMA. Also, CFIUS monitors announced deals closely, inquires about transactions not notified to CFIUS, and can request that parties submit a CFIUS notice for a transact...