BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    International

Date & Time
  • event Date

    Wednesday, February 13, 2019

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$247.00
Save $50.00

Discount expires 8/29/25

This course is $0 with these passes:

CLE
ALL

This CLE course will guide counsel on navigating the new Committee on Foreign Investment in the United States (CFIUS) pilot program. The panel will examine its rules and requirements as well as discuss when an investment is a covered transaction under the Foreign Investment Risk Review Modernization Act of 2018's (FIRRMA's) expanded scope. The panel will offer best practices to ensure compliance with the new requirements.

Description

On Oct. 10, 2018, the U.S. Treasury Department issued interim regulations for the CFIUS to conduct a pilot program, as authorized by FIRRMA. The pilot program became effective on Nov. 10, 2018.

The pilot program expands CFIUS jurisdiction to cover some investments in which foreign persons do not have control. It is enough for the foreign investor to have access to material non-public technical information; membership or observer rights on the pilot program business' board of directors or has the right to nominate an individual to the board; and is involved in substantive decisionmaking as to the use, development, acquisition, or release of critical technology.

Also, the Commerce Dept. published an advance notice of proposed rulemaking on Nov. 19, 2018, seeking comment before identifying emerging technologies. This is another step toward the implementation of FIRRMA as well as the Export Control Reform Act of 2018.

Counsel must understand the new pilot program requirements as well as the scope of the investments to which it applies and be prepared to navigate through the new CFIUS reforms.

Listen as our authoritative panel examines the new CFIUS pilot program, its rules, and requirements. The panel will discuss when an investment, direct or indirect, is a covered transaction as FIRRMA expanded the scope of coverage. The panel will also discuss the ANPRM and the changing CFIUS landscape. The panel will offer guidance for navigating the new requirements and on ensuring compliance.

Outline

  1. New pilot program
    1. What's covered, what's not
    2. Exemptions
    3. Penalties for failing to comply
    4. New requirements
  2. Emerging technologies
  3. Compliance with new requirements

Benefits

The panel will review these and other key issues:

  • How has FIRRMA expanded the scope of what is a covered transaction?
  • What steps should counsel and companies take to comply with the new requirements and address potential issues when considering foreign investment opportunities or working with foreign investors?
  • What exemptions does the pilot program provide?