CFIUS Regulations for Foreign Investment in the U.S.

Description

It has been just over a year since the Committee on Foreign Investment in the U.S. (CFIUS) issued its final regulations to implement the Foreign Investment and National Security Act (FINSA). The new regulations made many changes to the CFIUS process.

In December, the federal government effectively rejected a foreign acquisition when U.S. Northwest, a Chinese company, withdrew its application after reports of CFIUS opposition to its attempt to invest in Firstgold, a U.S. mining company.

U.S. companies and foreign investors should study closely the fallout from the Firstgold-Northwest transaction collapse and its lessons for businesses. Moreover, companies and counsel should take into account the CFIUS review process when considering potential transactions and plan appropriately.

Listen as our authoritative panel of attorneys examines the application of the CFIUS regulations during their first year and lessons learned, reviews Treasury Department guidance, and provides best practices for complying with the regulations.

Outline

1. One year under the new regulations
   1. Key provisions
   2. Mitigation agreements
   3. Scope of CFIUS review
   4. Lessons learned
2. CFIUS notices
   1. Requiring “good faith approximation of the net value of the interest acquired”
   2. Identifying the methodology used to determine market share
   3. Disclosure requirement for government contracts
   4. Disclosure of articles/services under development
   5. Designation of individuals for whom a curriculum vitae or similar document must be submitted
   6. Treasury guidance on transactions presenting national security considerations
   7. Lessons learned
3. Strategic considerations
   1. Managing the timeline
   2. Determining whether to file
   3. Pre-filing engagement

Benefits

The panel will review these and other key questions:

• What lessons can be learned from the treatment of potential Chinese investment, such as in the Firstgold transaction?
• What impact have the FINSA regulations had on transactions presenting national security concerns?
• What steps should counsel and companies take to comply with the regulations when considering foreign investment opportunities or working with foreign investors?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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