New Proposed Outbound Investment Restrictions: Prohibited Transactions, Covered Entities, Exceptions, Penalties
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will address the proposed regulations implementing President Biden's Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the EO). The panel will review the proposed new regulations issued by the U.S. Department of the Treasury and provide guidance on advising clients on their investment and business strategies in light of these new proposed regulations.
Outline
- Overview: background regarding the EO and the new proposed regulations
- Prohibited and notifiable transactions
- Persons and entities subject to the proposed regulations
- Types of covered transactions
- Exceptions and exemptions to covered transactions
- Implications for private equity and future investments and transactions with China and Chinese counterparts
Benefits
The panel will review these and other key issues:
- What are the prohibited and notifiable transactions under the proposed rule?
- What persons and entities are subject to the proposed rule?
- What transactions are "covered transactions" under the proposed rule?
- What are the exceptions and exemptions to covered transactions?
- What are the penalties for violations of the proposed rule's requirements?
Faculty
Guillermo S. Christensen
Partner
K&L Gates
Mr. Christensen is a former CIA officer and diplomat. He is a national security law practitioner, focusing on... | Read More
Mr. Christensen is a former CIA officer and diplomat. He is a national security law practitioner, focusing on cybersecurity and data protection, export controls and sanctions and national security reviews of mergers, acquisitions, and investments. Mr. Christensen combines his experience as a former CIA officer, a diplomat with the US Mission to the OECD in France, and an attorney to shape and inform the advice he provides to clients on enterprise risks involving cybersecurity, national security, and complex international business matters. He has overseen many serious cybersecurity incidents, including ones involving nation state threat actors and organized criminal groups employing ransomware.
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Steven F. Hill
Partner
K&L Gates
Mr. Hill is a partner in the firm’s Washington, D.C. office. He has over 25 years of experience in a broad... | Read More
Mr. Hill is a partner in the firm’s Washington, D.C. office. He has over 25 years of experience in a broad array of international trade regulation compliance and enforcement matters, particularly export controls, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), sanctions laws enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), customs and other importation laws, anti-boycott laws, and anti-corruption laws, such as the Foreign Corrupt Practices Act (FCPA). He regularly advises multinational businesses in every context in which compliance with international trade laws may arise, including responding to governmental enforcement actions, preparation of voluntary disclosures and other submissions to governmental authorities, conducting internal investigations of potential violations of international trade laws, as well as ongoing day-to-day compliance matters, such as classification of goods, software, and technology, assessment of the impact of sanctions programs on proposed transactions, and obtaining licenses from relevant government agencies. Mr. Hill also assists clients in conducting internal risk assessments and development and implementation of compliance programs and has conducted targeted training on international trade laws for clients located in a number of countries. As part of his experience, he regularly assists clients in conducting international trade-related diligence on mergers and acquisitions, joint venture partners, and other business partners and intermediaries.
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