United States of America

United States of America

Final Rule on Provisions Pertaining to Certain Investments in the U.S. by Foreign Persons

15 Oct 2020

On 15 October 2020, a "Final Rule" issued by the U.S. Department of the Treasury came into effect, modifying the criteria for mandatory declarations for certain foreign investment transactions involving a U.S. business that produces, designs, tests, manufactures, fabricates, or develops one or more “critical technologies”. The Final Rule removes the previous analysis and nexus to the North American Industry Classification System (NAICS) codes and replaces it with an analysis of export control authorization requirements. Additionally, it makes amendments to the definition of the term “substantial interest” and a related provision, and makes one technical revision.

Nature of measure:
  • Entry restriction
Type:
  • Entry and establishment (Approval and admission - screening)
Industry:
  • Not industry specific
  • Services (Scientific research and development, Other professional, scientific and technical activities)
Inward FDI:
No
Outward FDI:
No
Sources: