On-Demand Webinar:
CFIUS Update: New Requirements to Meet, New Industries Affected
In 2018, the US government enacted significant changes to its process for reviewing foreign investments that could have an impact on US national security. As a result, more types of investment in more industries may now be subject to review by the Committee on Foreign Investment in the United States. Foreign investors in health care, financial services, and real estate – in addition to investors in the defense and high-technology sectors – all now need to be aware that CFIUS review of their investment may be required.
In addition, a new mandatory declaration process has been created so that some investments must be notified to CFIUS. This is a substantial change – previously, in almost all cases, the decision to notify CFIUS of a transaction was voluntary. And even very minor investments can be subject to CFIUS review if there is any chance that the foreign investor will, through the investment, obtain control over a US business.
In this increasingly regulated landscape it is essential to understand the new rules and strategies for successfully navigating the CFIUS review process. Review periods are longer, and filing requirements have changed. Failing to handle the CFIUS process can lead to termination of an otherwise smooth transaction.
In this timely program, our panel will provide an overview of the current CFIUS rules, including when a mandatory declaration is required and the details such a declaration must include. We will also discuss the new, longer time horizons for getting CFIUS matters reviewed and approved. And we will provide guidance on how to navigate the CFIUS process successfully.
Given the expansion of CFIUS’s jurisdiction, this is an important program for internal and external corporate advisers, whether legal, accounting, investment advisors, or other counselors involved in foreign investment in the United States.
In addition, a new mandatory declaration process has been created so that some investments must be notified to CFIUS. This is a substantial change – previously, in almost all cases, the decision to notify CFIUS of a transaction was voluntary. And even very minor investments can be subject to CFIUS review if there is any chance that the foreign investor will, through the investment, obtain control over a US business.
In this increasingly regulated landscape it is essential to understand the new rules and strategies for successfully navigating the CFIUS review process. Review periods are longer, and filing requirements have changed. Failing to handle the CFIUS process can lead to termination of an otherwise smooth transaction.
In this timely program, our panel will provide an overview of the current CFIUS rules, including when a mandatory declaration is required and the details such a declaration must include. We will also discuss the new, longer time horizons for getting CFIUS matters reviewed and approved. And we will provide guidance on how to navigate the CFIUS process successfully.
Given the expansion of CFIUS’s jurisdiction, this is an important program for internal and external corporate advisers, whether legal, accounting, investment advisors, or other counselors involved in foreign investment in the United States.
Agenda:
- Introduction
- Background on CFIUS
- Key provisions of Foreign Investment Risk Review Modernization Act (FIRRMA)
- New requirements under FIRRMA
- Emerging and foundational technology
- Mandatory declaration
- When required
- Contents
- Analysis and observations on new requirements
- Potential impact on healthcare and medical industries
- Strategy for when to make a mandatory declaration
- Discussion / Audience questions
Target Audience: Outside counsel to US and non-US companies, investment bankers and other transaction advisers, in-house counsel
Webinar Details:
Expert guidance from Thaddeus McBride
This webinar will include PowerPoint slides and video and commentary from Thaddeus McBride. Upon purchase, you will have immediate access to the webinar recording, the presentation, certificate of completion, and speaker contact information for follow-up questions. Access to view the webinar recording will be available for one year from the purchase date.
1 hour 30 minutes Comprised of 1 hour of commentary and 30 minute Q&A session
ECoP® EAR or ITAR Renewal Credits: 1
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