Simpson Thacher Attorneys Author Article on Treasury’s Final Rule Updating CFIUS Regulations
10.15.20
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Partners Mick Tuesley, George Wang and Abram Ellis, and Associates Mark Skerry, Daniel Levien and Jennifer Ho authored an article titled, “Treasury Issues Final Rule Updating CFIUS Regulations,” which was published by the Harvard Law School Forum on Corporate Governance. The article analyzed the Treasury’s recently published final rule modifying the CFIUS regulations relating to its mandatory declaration provisions. It also highlighted that among the most significant amendments are those pertaining to the mandatory filing requirements for certain foreign investments in U.S. businesses that engage in activities relating to critical technologies. The article also explained that the final rule abandons the industry-specific inquiry entirely, and, instead, adopts a new threshold analysis that focuses on the particular export controls that may be applicable to the critical technology utilized by the U.S. business.
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