On April 11, the U.S. Department of the Treasury (“Treasury”), as Chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a Notice of Proposed Rulemaking (the “Proposed Rule”) that would modify and expand CFIUS’s mitigation and
Cleary Foreign Investment and International Trade Watch
Latest from Cleary Foreign Investment and International Trade Watch
Cleary Gottlieb FDI Newsletter: January – March 2024
- The European Commission proposes a revised EU FDI Screening Regulation
- EU takes time to ready Outbound Investment Control Toolkit
- German FDI reviews dropped in 2023, but FDI review activity follows the trends of prior years
- Italian FDI reviews in 2023
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Lexology Panoramic Foreign Investment Review 2024 – United States (CFIUS)
Cleary Gottlieb partner Chase Kaniecki and associates Samuel Chang, William Dawley, and B.J. Altvater co-authored the United States chapter in Lexology Panoramic: Foreign Investment Review 2024.…
Updates to the Critical and Emerging Technologies List Signal Refinement of Focus
The U.S. National Science and Technology Council (NSTC)[1] recently published an updated list of critical and emerging technologies (CETs) as part of an ongoing effort to identify advanced technologies that are potentially significant to U.S. national security. We previously…
Overall number of German FDI screenings slightly dropped in 2023, but review follows the trends of prior years
The German FDI authority, the Federal Ministry for Economic Affairs and Climate Action (“BMWK”), has published the German FDI screening statistics for 2023.[1]…
Impact of Recent U.S. Secondary Sanctions Authority Targeting Foreign Financial Institutions Supporting Russia’s Military-Industrial Base
As the second anniversary of the conflict in Ukraine approaches, the United States, the European Union, and the United Kingdom continue to focus on and tighten sanctions against Russia, with a particular emphasis on preventing circumvention and evasion of sanctions. …
Mixed-Interventionist Approach to Cross-Jurisdictional Issues arising from Sanctions
The English court took a mixed approach to judicial intervention in a number of cross-jurisdictional cases last year, although some further (welcome) clarity has recently been provided by the Court of Appeal. Perhaps the most salient and recent example of…
U.S. Circuit Court Finds that Florida Law Prohibiting Foreign Ownership of U.S. Land Likely Preempted by CFIUS Statute
EU Takes Time to Ready Outbound Investment Control Toolkit
On January 24, 2024, the European Commission (“EC”) adopted five initiatives as part of the European Economic Security Strategy unveiled in June 2023.[1] The initiatives are aimed at bolstering the EU’s economic security interests. Their main focus is…
FDI Review Regimes are Well-Established and Active; Outbound Investment Regimes are on the Horizon
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2024”.
In 2024, boards of directors face a well-established, complex and active global foreign direct investment (FDI) landscape…