THE JOURNAL OF EXPORT CONTROLS AND SANCTIONS

Issue 83, October 2019

CFIUS reform becomes reality

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  By Mario Mancuso, Shawn Cooley and Luci Hague, Kirkland & Ellis www.kirkland.com   Key takeaways The Proposed Regulations are a landmark development for the CFIUS regime that provide substantial additional guidance – and complexity – for foreign investors and US businesses. Transaction parties must carefully evaluate the impact of the Proposed Regulations on deal timing and certainty, particularly for investments involving targets with sensitive technology and data profiles. The scope of CFIUS’ jurisdiction is changing in important ways. The Proposed Regulations expand the requirement for mandatory declarations and provide new jurisdiction over certain incremental investments while potentially exempting certain...



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