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
This CLE course 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.
- Under the final regulations
- Key provisions
- Mitigation agreements
- Scope of CFIUS review
- CFIUS notices
- Requiring “good faith approximation of the net value of the interest acquired”
- Identifying the methodology used to determine market share
- Disclosure requirement for government contracts
- Disclosure of articles/services under development
- Designation of individuals for whom a curriculum vitae or similar document must be submitted
- Treasury guidance on transactions presenting national security considerations
- Strategic considerations
- Managing the timeline
- Determining whether to file
- Pre-filing engagement
- Lessons learned from recent transactions
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.
Mr. Jalinous is a member of the Foreign Investment Practice Group and represents foreign clients and their domestic... | Read More
Mr. Jalinous is a member of the Foreign Investment Practice Group and represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in the U.S. He handles Exon-Florio reviews before the Committee on Foreign Investment in the U.S. and federal agencies as to mitigation of foreign ownership, control or influence under the applicable regulations.Close
Edward L. Rubinoff
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
He focuses on international trade policy and regulation and heads the firm's Export Control and Economic Sanctions Practice. He is a recognized authority on U.S. international trade controls, including the Foreign Corrupt Practices Act and counsels clients on compliance with U.S. international trade control laws, conducts internal investigations, and designs and assesses compliance programs.Close
Nova J. Daly
Public Policy Consultant
He provides expertise to help clients navigate the policy and regulatory environment surrounding cross-border business... | Read More
He provides expertise to help clients navigate the policy and regulatory environment surrounding cross-border business activities, especially through the Committee on Foreign Investment in the United States. Prior to joining the firm, he served as Deputy Assistant Secretary, Investment Security & Policy, U.S. Department of the Treasury, Office of International Affairs.Close