Adewale Adeyemo, President Joe Biden’s nominee for deputy treasury secretary, said he is open to continuing unilateral sanctions against China but stressed that he prefers multilateral sanctions and closer coordination with allies. Adeyemo also said he plans to conduct a “top-to-bottom” review of the agency’s sanctions procedures (see 2101190060) and examine whether the U.S.’s foreign investment screening tools should be strengthened.
Although national security lawyers aren’t expecting many changes to the goals of the Committee on Foreign Investment in the U.S. under the Biden administration (see 2101220034), they are expecting more of an effort by CFIUS to keep its transactions and actions out of the spotlight. “We do expect to see a return to a normal course of business for CFIUS, for the deliberations to take place behind closed doors,” said Caroline Brown, a trade lawyer with Crowell & Moring, speaking during a Feb. 17 event hosted by the law firm.
Export Compliance Daily is providing readers with the top stories for Feb. 1-5 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
One of the largest impacts felt from the drastic change in mandate and reach of the Committee on Foreign Investment in the U.S. in the last few years is how lawyers, business people and investors are viewing the committee. Speaking at a Capitol Forum webinar on Feb. 4, three CFIUS industry experts highlighted how far more resources are being exerted on CFIUS compliance measures than at any time since its inception. This is largely due to the Foreign Investment Risk Review Modernization Act of 2018, which greatly overhauled CFIUS's responsibilities, including introducing certain mandatory filings for certain foreign transactions (see 1910310053).
Export Compliance Daily is providing readers with the top stories for Jan. 25-29 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
More foreign investors are opting to submit a filing with the Committee on Foreign Investment in the U.S. out of an abundance of caution, even when there is no mandatory filing requirement, George Grammas, a trade lawyer with Squire Patton, said. Grammas said “sophisticated” investors are especially likely to file before the investment is complete, particularly as CFIUS continues a trend of reviewing years-old investments.
The Committee on Foreign Investment in the U.S. will maintain its focus on Chinese investment, prioritize enforcement and continue to tweak its jurisdiction under the Joe Biden administration (see 2009170017 and 2010270050), trade lawyers said. CFIUS also will likely continue to see an increase in filings, the lawyers said.
As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.
Taiwan wants to continue the momentum from its November economic dialogue with the U.S. to begin negotiating a trade deal and collaborate more on investment screening, Taiwan’s representative to the U.S. said. Bi-khim Hsiao, an official with Taipei’s Economic and Cultural Representative Office, said the island is particularly interested in boosting its screening mechanisms for foreign investments.
Freshfields hired Colin Costello, previously acting director of the National Intelligence Council’s Investment Security Group in the Office of the Director of National Intelligence, the law firm said in a news release. Costello worked closely with the Committee on Foreign Investment in the U.S. process while in government and will be a CFIUS client adviser, the firm said.