When Will These Changes Actually Become Effective and What Will the Implications Be?
What is it about?
- What transactions qualify for the new, short/abbreviated filing process?
- Will CFIUS clear transactions from friendly countries more quickly?
- What is the likelihood that CFIUS follows up with a request for the long-form filing?
- For what transactions and under what circumstances will filing a declaration be mandatory?
- If you are currently planning a big transaction with long lead times, how to address concerns that the mandatory trigger will apply before the deal closes
- How will the new mandatory filings be enforced and managed?
- Understanding key definitions of “critical technology,” “critical infrastructure” and “sensitive personal data”
- Identifying countries of special concern: will mandatory filing triggers be set sooner for transactions where there is a Chinese or Russian government stake?
- Determining whether to make a voluntary filing now in anticipation of a filing being required down the road