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ARTICLE · 16 OCTOBER 2020

Lend Me Your EARs: CFIUS Makes Export Controls A Trigger For Mandatory Filings

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On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations and the International Traffic in Arms Regulations.

United StatesGovernment, Public Sector
Reid Whitten
Reid Whitten
Julien Blanquart
Julien Blanquart
Lisa Mays
Lisa Mays
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On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). While that change may draw a clearer line of what constitutes a mandatory filing, it also pulls your CFIUS review into the complex (and somewhat nerdy) world of export regulations.

The Committee on Foreign Investment in the United States (CFIUS) has the authority to review, mitigate, and even unwind certain foreign acquisitions of, and investments in, U.S. businesses. A majority of such investments are not required to be notified to CFIUS for review. However, many investors and targets choose to submit a notice or declaration to CFIUS because, once CFIUS clears their transaction, the parties can rely on a safe harbor that protects their transaction from future intercession by the Committee.

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