Proposed CFIUS Law Will Impose New Export Controls on Businesses

We thought it important to bring to your attention a significant, impending change for cross-border transactions involving US businesses.  You are probably aware of the review of foreign control of US businesses by the Committee on Foreign Investment in the US (CFIUS).  Since 1988, CFIUS review authority was confined to acquisitions involving ultimate foreign control (or a change in control) of a US business.  Proposed legislation that we expect to pass in late spring will expand CFIUS review to cover JVs, Development Agreements, other Technology Transfer Arrangements involving a contribution of US critical or emerging technologies.
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