CFIUS Regulations for Foreign Investment in the U.S.

Strategies for Meeting FINSA Requirements and Lessons Learned from Recent Transactions

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 15, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance for counsel to U.S. businesses accepting foreign investments, explain lessons learned under the new CFIUS regulations, and discuss best practices for companies to comply with the regulations implementing the Foreign Investment and National Security Act.

Description

Two years after the final regulations were issued by the Committee on Foreign Investment in the U.S. (CFIUS) to implement the Foreign Investment and National Security Act (FINSA), there are many lessons for U.S. companies and their counsel.

The new regulations made a number of changes to the CFIUS process. For example, the federal government effectively rejected a foreign acquisition when a Chinese company withdrew its application after reports that CFIUS opposed its attempt to invest in a U.S. mining company.

Through close study of the fallout from recent transaction collapses, U.S. companies and their counsel can apply experiences with the CFIUS review process when considering their own potential transactions—and plan appropriately.

Listen as our authoritative panel of attorneys examines the application of the CFIUS regulations and lessons learned from recent actions, reviews Treasury Department guidance, and provides best practices for complying with the regulations.

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Outline

  1. Under the final regulations
    1. Key provisions
    2. Mitigation agreements
    3. Scope of CFIUS review
  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
  3. Strategic considerations
    1. Managing the timeline
    2. Determining whether to file
    3. Pre-filing engagement
    4. Lessons learned from recent transactions

Benefits

The panel will review these and other key questions:

  • What are the lessons for counsel from the treatment of potential investments by Chinese or other foreign entities under the CFIUS regulations?
  • What impact have the FINSA regulations had on transactions which present 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Farhad Jalinous
Farhad Jalinous

Partner
Kaye Scholer

Mr. Jalinous is a member of the Foreign Investment Practice Group and represents foreign clients and their domestic...  |  Read More

Edward L. Rubinoff
Edward L. Rubinoff

Partner
Akin Gump Strauss Hauer & Feld

He focuses on international trade policy and regulation and heads the firm's Export Control and Economic Sanctions...  |  Read More

Nova J. Daly
Nova J. Daly

Public Policy Consultant
Wiley Rein

He provides expertise to help clients navigate the policy and regulatory environment surrounding cross-border business...  |  Read More

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