CFIUS Pilot Program: Immediate Investment Implications

Law360 (October 15, 2018, 12:28 PM EDT) -- On Oct. 10, 2018, the U.S. Department of the Treasury issued temporary regulations — a "pilot program" — to implement certain provisions of the Foreign Investment Risk Review Modernization Act, signed into law by President Donald Trump on Aug. 13, 2018.[1] Among other things, FIRRMA expanded the jurisdiction of the Committee on Foreign Investment in the United States to include new categories of covered transactions and authorized CFIUS to make certain filings mandatory.

The announcement of the Oct. 10 pilot program represents a dramatic and rapid assertion by CFIUS of new authority granted to it under FIRRMA. Under the pilot program,...

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