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Tagged: China

Cross Border

Outbound Investment Screening Becomes a Reality

On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”). Simultaneously, the Department of the Treasury issued a draft advance notice of proposed rulemaking seeking public comment on the Executive Order’s implementing regulations. This EO is focused on preventing China, including the Special Administrative Regions of Hong Kong and Macau, from developing national security technologies and products. National...

Cross Border

Outbound Investment Screening Executive Order

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023. The law directs the Department of the Treasury, in coordination with the Department of Commerce and other Federal partners, “to consider establishing a program to address the national security threats emanating from outbound investments from the United States in certain sectors that are critical for U.S. national security.” The law also provides funding for multiple departments and agencies and includes specific explanatory statements. Further, the law...

Legal Developments

Trends in Chinese M&A

Companies involved in M&A and their deal professionals in China and Hong Kong have been navigating a very changed U.S.- China dynamics for the U.S. outbound M&A market in the last few years. Based on increased barriers to entry, including as a result of greater CFIUS scrutiny, there have been fewer outbound M&A transactions from China into America for the last three years. Instead of investments and acquisitions, deal professionals are seeing divestitures becoming the new trend in the U.S....