When Will These Changes Actually Become Effective and What Will the Implications Be?

April 24, 2019 11:15am

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