Tagged: National Security

Pulling Back the Curtain on CFIUS

The global economy and geopolitical trends have elevated the importance of trade compliance status and responsibilities.  We have witnessed a dramatic increase in the complexity and risks surrounding economic sanctions and export controls. Trade compliance professionals have to navigate a rapidly changing set of regulations.  Backing these rules and regulations is the Department of Justice looking for high-profile and significant cases to prosecute. On top...

CFIUS Reform: An Expanded Role (Part II of II)

Congress enacted the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which was intended to modernize and strengthen the CFIUS process.  FIRRMA was incorporated into the National Defense Authorization Act which as passed and signed into law. FIRRMA expands CFIUS jurisdiction to include four new types of transactions, expands the definition of “critical technology,” requires CFIUS to respond to written notices, extends the time...

CFIUS Review: An Increasing Risk (Part I of II)

Washington, D.C. is more than just the nation’s capital.  Companies have to pay attention and develop contacts and relationships in Washington, D.C. given the importance of federal agencies, Congress and of course, the White House.  I often inform clients that Washington, D.C. provides a second round of due process for disputes that may occur in domestic or foreign markets. One of the more important institutions...