On September 15, 2020, the U.S. Department of the Treasury published a final rule modifying the types of foreign investments that would trigger a mandatory filing before the Committee on Foreign Investment in the United States (CFIUS). The final rule largely tracks a proposed rule published by CFIUS on May 21, 2020. The final rule will come into effect on October 15, 2020, and will apply only to transactions that take place on or after that date. It is not retroactive.
The Final Rule Ties the Filing Requirements for Investments in U.S. Critical Technology Businesses to Export License Requirements
CFIUS has jurisdiction to review foreign investments in U.S. businesses and mitigate any potential national security concerns.1 While CFIUS notifications are usually voluntary, certain covered transactions involving U.S. businesses that produce, design, test, manufacture, fabricate, or develop one or more critical technologies (“U.S. critical technology businesses”) are subject to a mandatory filing requirement.
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