Foreign Investment in the U.S.: CFIUS Compliance and Regulatory Trends

Zachary C. Rozen | Pillsbury Winthrop Shaw Pittman LLP

Zach enables clients across multiple industries to engage in cross-border business, investment and trade by advising them on sanctions, export controls and national security matters.

Zach has an extensive knowledge of all aspects of U.S. international trade regulations. He leverages his past policy and national security experiences to counsel U.S., multinational and non-U.S. clients on navigating the constantly evolving U.S. sanctions programs and provides export-control regulatory guidance to manufacturers, energy companies, life sciences firms, the defense industry and multinational and emerging technology companies. He also represents U.S. and non-U.S. companies on all aspects of the U.S. national security review process before the Committee on Foreign Investment in the United States (CFIUS), including addressing structural and national security issues in the earliest stages of transaction planning.

Prior to joining Pillsbury, Zach worked as an international trade and transactional attorney at another law firm. He also worked as a law clerk for the United States Senate Committee on Commerce, Science, and Transportation. Zach has a dynamic background prior to his work in the law, having served in the intelligence community and on staff for senior congressional leadership.

I. CFIUS Enforcement, Compliance, and Best Practices for Cross-Border Deals | 1:00pm – 1:30pm

• CFIUS background and jurisdiction
• Recent CFIUS enforcement actions and trends
• Examination of the largest CFIUS fine to date
• Discussion of the proposed rule expanding CFIUS’ penalty authority
• Analysis of the new public list of CFIUS enforcement actions and its implications for foreign investors and U.S. businesses
• Best practices for preparing for and engaging with CFIUS
• Effective strategies for mitigating CFIUS-related risks in cross-border M&A deals
• Insights into working with counsel to streamline CFIUS submissions and approvals
• Discussion of newly enacted outbound investment regulations

II. Export Controls and Technology Risks in National Security | 1:30pm – 2:00pm

• Navigating export control regulations for emerging technologies
• Addressing risks in technology transfers and their impact on national security
• Sector-specific compliance guidance in high-risk industries (e.g., energy, defense, life sciences, technology)

Break | 2:00pm – 2:10pm

III. Industry-Specific Sanctions and National Security Considerations in Trade | 2:10pm – 2:40pm

• National security considerations when engaging in global trade and investment
• Balancing compliance with business objectives in sensitive industries, such as defense, technology, and energy