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ARTICLE · 28 NOVEMBER 2024

Final US Regulations On Outbound Foreign Investment: Key Changes And Their Implications

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On October 28, 2024, the US Department of the Treasury (Treasury) published final regulations implementing the US outbound foreign investment program (Program) initiated in August 2023 by Executive Order 14105.

United StatesGovernment, Public Sector

On October 28, 2024, the US Department of the Treasury (Treasury) published final regulations implementing the US outbound foreign investment program (Program) initiated in August 2023 by Executive Order 14105. The Program targets US-led investments directly or indirectly supporting certain activities by entities in or controlled from China that relate to semiconductors and microelectronics, quantum computing, and artificial intelligence. Depending on the specific technology and its nexus to US national security, a transaction may require notification to Treasury or may be prohibited outright.

It's not just about the United States and China

The Outbound Investment Security Program, as the Program is formally called, is nominally focused on US investments in Chinese entities, but the scope of the regulations is much broader, and can include transactions in which neither party is from the United States or China.

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