America First: Regulatory Challenges Arising from Foreign Investment in the United States (On-Demand)

Course Description

Reflecting on the dynamic changes to the United States’ approach to foreign investment, this program will cover the CFIUS process, other foreign investment regulations, addressing such key topics as the Trump Administration’s approach to CFIUS; special concerns presented by foreign ownership, control, or influence (FOCI) when a foreign entity has the power to direct or influence the management or operations of a company; the Department of Defense approach to addressing FOCI risk; and outgoing foreign investment regulations from the United States.

Principles

• President Trump Administration’s Evolving Approach to Foreign Investment in the United States
• Regulation of Foreign Investment in United States through Covered Transactions under CFIUS
• Foreign Ownership, Control, or Influence (FOCI) when a foreign entity has the power to direct or influence the management or operations of a company
• Evaluating Various Heightened Risks Categories of Foreign Investment Risk
• Department of Defense’s Approach to Addressing FOCI Risk
• Outgoing Foreign Investment Regulations from the United States

Syllabus

1. President Trump Administration’s Evolving Approach to Foreign Investment in the United States
2. Regulation of Foreign Investment in United States through Covered Transactions under CFIUS
3. Foreign Ownership, Control, or Influence (FOCI) when a foreign entity has the power to direct or influence the management or operations of a company
4. Evaluating Various Heightened Risks Categories of Foreign Investment Risk
   • Foreign adversaries may attempt to acquire sensitive or proprietary data from small businesses during due diligence, before investing
   • Foreign adversaries may structure their investments to avoid scrutiny or route investments through intermediaries to hide the money’s origin
   • The source of FOCI affects the severity of risk associated with FOCI. Close allies of the U.S. are generally considered low FOCI risk while foreign countries of concern (FCOC) like People’s Republic of China, Russia, North Korea, and Iran pose much greater FOCI risk
5. Department of Defense’s Approach to Addressing FOCI Risk
6. Outgoing Foreign Investment Regulations from the United States