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U.S. Uses CFIUS Regulatory Authority to Prohibit Transaction Between Two German Entities

U.S. law provides the President with broad authority to prohibit transactions that he deems to present a national security threat to the United States. In this context, national security concerns may, but need not, involve information that is trade-controlled or classified. By Jennifer Kies Mammen and Gerard Kreijen , 16 February 2017 At the end of 2016, President Obama used this power to…

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Trade controls and M&A: how to preserve the value of your transaction?

The substantial risk associated with the expansion and enhanced enforcement of trade controls has a direct impact on due diligence in cross-border M&A transactions Non-compliance by the target with international trade laws and regulations may not only have a material adverse impact on the value of the transaction, it may also trigger the vendor and even buyer’s liability, and affect…

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Is BEA Form BE-13 on your Post-Closing Checklist?

Even US companies sometimes have trouble keeping track of all of the reports and other requirements imposed by the US government.  For non-US companies, the challenge to identify all relevant requirements is no doubt even greater.  By Susan Kovarovics, 7 June 2016. Although you may be aware of the “voluntary” filing requirements for certain foreign investment in the United States…

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