ARTICLE · 29 SEPTEMBER 2020

CFIUS Final Regulations Revise Mandatory Declaration Requirement For Certain Critical Technology Transactions

Masuda, Funai, Eifert & Mitchell, Ltd.

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On September 11, 2020, the Office of Investment Security, Department of Treasury issued a final rule that significantly revised...

United StatesGovernment, Public Sector

Riebana E. Sachs

Jennifer Watson

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Executive Summary

On September 11, 2020, the Office of Investment Security, Department of Treasury issued a final rule that significantly revised, modified and replaced mandatory declaration provisions that had been effective since February 13, 2020, for certain foreign investment transactions involving critical technologies. These revisions will be effective October 15, 2020.

Below, we have summarized the changes to the provisions and provided an updated example, as well as an updated flowchart, illustrating a decision tree on whether a transaction is a covered transaction and whether a mandatory declaration is required. Please reach out to your relationship attorney with any questions.

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