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ARTICLE · 04 FEBRUARY 2020

Expanded CFIUS Regulations In Effect February 13, 2020

On January 13, 2020, the Department of the Treasury issued final regulations which implement the Foreign Investment Risk Review Modernization Act of 2018.

United StatesGovernment, Public Sector

FAQs on How New Rules Impact Foreign Investment in U.S. Businesses

When do the new CFIUS regulations go into effect?

On January 13, 2020, the Department of the Treasury issued final regulations (31 CFR §§800, 802) which implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) and its expansion of the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). The new rules go into effect on February 13, 2020. Transactions are covered by the new rules unless the following occurred prior to February 13, 2020: (1) the completion date of the transaction; (2) the parties executed a binding written agreement establishing the material terms of the transaction; (3) a party has made a public offer to shareholders to buy shares of the U.S. business; or (4) a shareholder has solicited proxies in connection with an election of the board of directors of a U.S. business or an owner or holder of a contingent equity interest has

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