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Sheppard Mullin's Nota Bene

Feb 6, 2019

If your organization and its leadership have reached a point where you’re considering accepting foreign investment money, what do you need to know about recent changes in foreign investment control laws that might affect your decision making? In this episode, we cover what you need to know about the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) in order to remain compliant with modern foreign investment laws.

I’m joined by Curt Dombek, a partner in the Government Contracts, Investigations & International Trade Practice Group at Sheppard Mullin. Curt divides his time between the firm's Brussels and Los Angeles offices. He currently serves on the Regulations and Procedures Technical Advisory Committee of the Department of Commerce.

What We Discuss in This Episode:

  • What are foreign control regulations and what is the Committee on Foreign Investment in the United States (CFIUS)?
  • Why does foreign investment in US companies require greater scrutiny than investment in US real estate?
  • What types of investments trigger mandatory filings under FIRRMA?
  • What areas of technology fall under the purview of FIRRMA?
  • How to distinguish passive investments from other involvements that affect more substantive decision making
  • What led to increased scrutiny and the tightening of security against foreign investments?
  • Should US companies be concerned with China and Europe seeking to advance in technology?
  • How the current administration has changed the definition of national security
  • How are similar investment rules developing in Europe and China?
  • Is there concern that some country will use “national security” as an excuse to restrict trade?
  • The 3 areas business executives should pay attention to the most when exploring foreign investments

Resources Mentioned:

US Foreign Investment Act

Foreign Investment Risk Review Modernization Act of 2018

Export Administration Regulations

Contact Information:

Curt's Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.