Critical technologies. Critical infrastructure.
Sensitive personal data. Foreign investments involving
these and other sectors implicating national security are facing escalated scrutiny in the United States. And, the law has been fast evolving. There are now mandatory pre-closing regulatory filings in certain instances with the Committee
on Foreign Investment in the United States (CFIUS). We built Orrick’s CFIUS Assessment Tool to help U.S. companies in their pursuit of investors and non-U.S. companies seeking to invest in U.S. companies navigate increasingly complex and restrictive rules.
WHAT DOES IT DO?
Orrick’s CFIUS Assessment Tool guides parties through the complex legal scheme governing foreign investment in the United States:
Analyze your contemplated transaction and the parties involved, based on
the latest legal changes
INSIGHTS
CFIUS Mandatory Filings for Certain “Critical Technology” Transactions – New Export Controls Test
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Use custom search to find tools by name or functionality, including TAR, contract management, deal room, and more
Clients can also contact the Orrick Innovation team to have a conversation about the results of your search.
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HOW TO USE IT
CONTACTS
GET IN TOUCH
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“Brilliant. Very useful for us. For instance, we needed to find tools for discovery in the course of upcoming litigation. This would have been a great resource to have.”
Harry Clark
Jeanine McGuinness
Washington, D.C.
Washington, D.C.
Understand whether CFIUS may have authority to review and potentially block or unwind your transaction
Identify if the parties to the transaction may be required to submit a
pre-closing notice to CFIUS
Foreign investment structures can be complicated. “Control” by a “foreign person” for CFIUS purposes can take many forms and can include minority investments. Further, certain non-controlling investments and even real estate transactions now fall within CFIUS’s jurisdiction. Failing to comply with mandatory filing requirements can result in monetary sanctions. And failing to file a voluntary notice can render a covered transaction indefinitely susceptible to an unwinding or other adverse regulatory action.
GET IN TOUCH
GET IN TOUCH
Foreign investment structures can be complicated. “Control” by a “foreign person” for CFIUS purposes can take many forms and can include minority investments. Further, certain non-controlling investments and even real estate transactions now fall within CFIUS’s jurisdiction. Failing to comply with mandatory filing requirements can result in monetary sanctions. And failing to file a voluntary notice can render a covered transaction indefinitely susceptible to an unwinding or other adverse regulatory action.
CFIUS Filing Fees Start May 1, 2020
CFIUS Proposes to Modify its Critical Technology Mandatory Filing Regime
Orrick’s International Trade & Investment Team members welcome a conversation with you about your planned transaction and how we can help.
Understand whether the contemplated transaction likely triggers a mandatory requirement to file a notice with CFIUS
Determine whether CFIUS likely has jurisdiction over the contemplated transaction (and authority to block or affect closing)
Complete a questionnaire
Orrick’s CFIUS Assessment Tool is simple to use:
Get started here
Assessment Tool
HOW TO USE IT
CFIUS Mandatory Filings for Certain “Critical Technology” Transactions – New Export Controls Test
CFIUS Mandatory Filings for Certain “Critical Technology” Transactions – New Export Controls Test
Learn more
