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ARTICLE · 10 JUNE 2020

CFIUS UPDATE ISSUE — Well I Do Declare: Mandatory Declarations Everywhere

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On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed...

United StatesInternational Law
Enumale Agada
Enumale Agada
Reid Whitten
Reid Whitten
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On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule1 that removes a restriction formerly in the Foreign Risk Review Modernization Act's (FIRRMA) that limited mandatory filings with the Committee on Foreign Investment in the United States (CFIUS) to only 27 industries.

The proposed rule is consistent with a series of changes by the Trump Administration aimed at decreasing Chinese access to U.S. technology (through export controls, FDI review, and other restrictions). However, the rule change may create complications for investments from a wide range of countries.

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