Despite the rapid rise in Chinese investment in the U.S. in recent years, there has been some early speculation that the Trump Administration would not allow the level of Chinese investment to continue at the same rate.
Proposals to limit Chinese investment continue to be floated in Congress. Recent developments suggest however that these concerns are overblown. Prospects for Chinese investment remain bright. At the same time, the Committee on Foreign Investment in the U.S. (CFIUS) retains considerable discretionary authority to block foreign direct investments from China and elsewhere, or to dictate changes to the terms of the deal. Threats to U.S. national security, including the safety of our country’s infrastructure, remain key criteria for CFIUS in its scrutiny of inbound transactions.
To safeguard against a delayed or blocked transaction, it is critical to understand the factors that could trigger the need for CFIUS review, and to consider measures to mitigate risk as early as possible in the deal making process. For more details on recent CFIUS developments and how to take CFIUS issues into consideration when considering a U.S. investment, read our recent Client Update.
Dan Petalas brings to the service of his clients nearly 20 years of experience in commercial litigation, white collar and government investigations, and political law.
In his white collar and government investigations practice ...
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Paul Hoff advises foreign governments, as well as foreign and domestic companies, on U.S. trade laws, export control laws, fisheries laws, and antitrust law. He also provides advice to U.S. companies on legislative and regulatory ...
The International Practice Group of Garvey Schubert Barer is a cross-disciplinary group of attorneys practicing in areas ranging from business transactions, immigration, maritime, government regulatory work, transportation and logistics, and estate planning. The group members include bilingual and multicultural attorneys who are well-versed in handling these subject matters in a cross-border context. The firm’s attorneys have been actively practicing in the international arena since the early 1970s.