Examining New Rules on CFIUS Mandatory Filings: Implications for Critical Technology Investments and the Interplay with Recently Issued Export Control Reform

April 20, 2021 12:45pm

John Isbell
Director of Strategic Analysis Division Office of Strategic Industries and Economic Security
U.S. Department of Commerce

Laura J. Molinari
Director, Global Trade Policy

Steve Klemencic
Managing Director and Partner
Berkeley Research Group LLC

Meena Sharma

Meena Sharma
Deputy Director, Office of Investment Security Policy and International Relations
U.S. Department of Treasury


Charles Capito
Morrison & Foerster LLP

  • Analyzing the new regime for how to assess mandatory filings in connection with critical technologies
  • How does the recent Final Rule on CFIUS mandatory filings change the circumstances in which a “critical technology” investment will trigger a mandatory filing requirement?
    • What exactly is CFIUS looking at in making these determinations?
    • What should companies be considering when assessing their own tech?
  • How does the final rule tie filing requirements for investments in U.S. critical technology to export license requirements?
  • Examining the specific criteria set forth by the Department of Commerce’s Final Rule (October 5, 2020) which imposes new multilateral controls on six “emerging technologies”
  • What criteria must be met to qualify for the exceptions to the mandatory filing requirement under the Export Administration Regulations (EAR)?
  • How should companies and their counsel best traverse this new regime?