Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
Akin added three partners from Hughes Hubbard to its Washington, D.C., office, the firm announced. Ryan Fayhee, a former national security official at DOJ, will advise clients on sanctions and the Committee on Foreign Investment in the U.S. reviews, incident response and compliance best practices. Roy Liu will focus on U.S.-China trade matters, sanctions, export controls, customs cases and CFIUS proceedings, and Tyler Grove will focus on sanctions and trade regulations.
The U.S. may need to address export control loopholes to better prevent China and others from acquiring sensitive technologies, Sen. Mark Warner, D-Va., said, but he also cautioned the U.S. against imposing controls that are too broad and said they need to be coordinated with allies.
The Committee on Foreign Investment in the U.S. is expected to increase the number of penalties it issues for violations of mitigation agreements, StoneTurn consultant Scott Boylan said. Orion Berg, a lawyer with White & Case, said there will be a similar uptick in activity from European countries, adding that he expects all EU member states to have an active foreign direct investment screening regime within two years.
The Committee on Foreign Investment in the U.S. recently approved a merger between U.S.-based real estate business INDUS Realty Trust and global investment firms Centerbridge Partners and GIC Real Estate, INDUS said in a recent Securities and Exchange Commission filing. The companies said they received CFIUS approval June 22, and “all required regulatory approvals to complete the Merger have now been received.”
House lawmakers submitted a host of proposed export control- and sanctions-related amendments as part of the FY 2024 National Defense Authorization Act, including measures that could ease defense technology sharing restrictions, harmonize the Entity List with certain U.S. sanctions and investment restrictions and place new export control requirements on items destined to China and Iran. Other amendments could lead to new sanctions on Chinese technology companies and government officials, add the USDA to the Committee on Foreign Investment in the U.S., establish a new sanctions coordination office in the State Department and more.
Republican presidential candidate Nikki Haley said she would block all exports of sensitive technology to China and put in place new investment restrictions on Chinese purchases of agricultural land if she is elected to the White House. Haley, the former U.N. ambassador during the Trump administration who announced her 2024 presidential candidacy earlier this year, said President Joe Biden is “not up to the task” of protecting U.S. national security from risks posed by China and previewed several new policies that could cut off a range of trade between the two countries.
The Treasury Department should “assess” whether the Committee on Foreign Investment in the U.S. has the jurisdiction to review the Saudi-backed LIV Golf’s purchase of the PGA Tour, two Democrats said in a June 16 letter to Treasury Secretary Yellen. Sen. Sherrod Brown, chair of the Senate Banking Committee, and Rep. Maxine Waters, the top Democrat on the House Financial Services Committee, said that if CFIUS has jurisdiction over the deal, the committee should “resolve any national security risks related to the transaction.”
Treasury Secretary Janet Yellen declined to say this week whether the Committee on Foreign Investment in the U.S. would look into the Saudi-backed LIV Golf’s purchase of the PGA Tour despite several lawmakers urging CFIUS to review the deal. Yellen, speaking during a June 13 House Financial Services Committee hearing, said she couldn't comment on a potential review because there are “very strict rules of confidentiality,” but suggested the committee would review the acquisition if it implicated U.S. national security.
Considerations surrounding the Committee on Foreign Investment in the U.S. “should be baked into deal planning as early as possible,” especially as CFIUS scrutiny on Chinese investments is “not expected to ease any time soon,” Kilpatrick Townsend said in a June client alert. The firm said compliance officers whose company is pondering foreign investment from China need “to involve your regulatory teams as soon as possible” so the company can “identify the challenges likely to surface during the CFIUS process.”