The FCPA Compliance Report is the longest running podcast in compliance. In this episode, I visit with Doreen Edelman, partner at Lowenstein Sandler. She is a noted trade law and trade policy expert. Our discuss is around the Committee on Foreign Investment in the United States or CFIUS. In the prior podcast, we considered the background to CFIUS and how it is being used under this Administration. In this second episode we take a deep dive into the requirements for mandatory filings under the Pilot Program which went live in November.
In this podcast we discuss: What qualifies for a mandatory filing? What is some of the information you will need to gather to make a determination of a mandatory or voluntary filing? The 4 national security concerns of (1) Critical Infrastructure; (2) Access to sensitive personal data; (3) Access to Material Nonpublic Technical Information; and (4) Location of real estate. How long does the CFIUS process take? Why should you discuss with CFIUS counsel whether the structure of the transaction and the critical technology at issue may fall outside of the CFIUS parameters? How the compliance professional should work with CFIUS counsel?
For more information on the CFIUS Pilot Program, check out the LowensteinSandler client alert here. For additional information on CFIUS, see Doreen’s article in Industry Week, entitled, “Foreign Investors Should Not Let Fear of CFIUS Limit Investment in US Manufacturers”. For more information on Doreen Edelman, see her professional profile here.