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

ACI’s 7th National Conference on CFIUS

20 Apr 2021 12:45 p.m. - 01:45 p.m. EDT

As part of ACI’s 7th National Conference on CFIUS, MoFo’s Charles Capito will moderate a panel of experts examining a variety of questions regarding the new rules on CFIUS Mandatory Filings, their connection with critical technologies, and how to respond to the subsequent changes. Other topics and questions to be addressed by the panel include:

  • 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?
  • Analyzing the new regime for how to assess mandatory filings in connection with critical technologies
  • 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?

Information on the event and how to register.



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