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February 7, 2018 - Source: King & Spalding Energy Newsletter

Scrutiny of Foreign Investment in the United States

On January 24, 2018, at a program hosted by the Houston Bar Association’s International Law Section in Houston, Texas, King & Spalding partner Dan Rogers led a panel discussion on opportunities regarding, and potential hurdles affecting, Chinese investments into the United States. Among the panelists, King & Spalding partner Christine Savage presented an overview of the role undertaken by the Committee on Foreign Investment in the United States (CFIUS) in reviewing potential foreign investments into the United States, highlighting for the Houston-based audience its application to the energy industry and recent developments signaling expanding national security reviews by CFIUS.

Key to the discussion was a proposed bill introduced in November 2017, entitled the Foreign Investment Risk Review Modernization Act, which, if the bill goes into effect, could reform the CFIUS review process in several ways, including by broadening the types of transactions CFIUS may review. In addition, the panel discussed the recent CFIUS case involving a “de-facto” block of a sale of MoneyGram International, Inc. to a Chinese company and practical considerations in navigating the CFIUS approval process. These topics and key takeaways are discussed in the King & Spalding client alert found here.

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