The U.S. Department of Treasury publishes a proposed rule that would significantly broaden the scope of mandatory filing requirements for foreign investments involving U.S. critical technology businesses

On May 21, 2020, the U.S. Department of the Treasury published a proposed rule (the “Proposed Rule”) that would significantly broaden the scope of mandatory filing requirements of the Committee on Foreign Investment in the United States (“CFIUS”) for foreign investments involving U.S. critical technology businesses. [1] The Proposed Rule abandons the current restriction to specified industries and focuses on whether the target develops, tests, or manufactures technologies that would require a license for export—whether or not the technologies are exported or sold to third parties at all (e.g., proprietary manufacturing technologies)—to the jurisdiction of the foreign investor and its parent entities, effectively creating different mandatory notification requirements for different countries.

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Authors

  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Davis Polk (Washington DC)
  • Morrison Foerster (Washington)

Quotation

Chase D. Kaniecki, Paul Marquardt, Nathanael Kurcab, The U.S. Department of Treasury publishes a proposed rule that would significantly broaden the scope of mandatory filing requirements for foreign investments involving U.S. critical technology businesses, 6 May 2020, e-Competitions May 2020, Art. N° 108064

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