Sequoia Legal, premier Denver CFIUS law firm can help you navigate the CFIUS process with lawyers who understand it inside and out. Our Colorado-based CFIUS lawyers offer a comprehensive understanding of foreign investment regulations and unparalleled experience guiding international transactions.Schedule FREE Consultation
The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that is chaired by the Secretary of the Treasury. CFIUS is tasked with regulating foreign investments involving U.S. businesses and the interaction of those investments with potential national security concerns. Therefore, any time you are involved (whether from the company side or investor side) in an foreign investment in a US business, CFIUS may have jurisdiction to review and investigate the transaction. Therefore, in some cases, it is best to simply assume CFIUS jurisdiction and to manage the transaction accordingly.
The Committee on Foreign Investment in the United States (CFIUS) is a quasi-governmental agency with representatives from the Department of Defense, the State Department, the Commerce Department, and the Department of Homeland Security.
President Ford created it in 1975 to prevent sanctioned nations from obtaining US technology or intellectual property, either directly or indirectly, through investments in US companies.
CFIUS reviews transactions involving foreign direct investment or acquisition of US companies by foreign individuals or entities. It has authority to block any transaction that deems a national security threat or imposes conditions on any such transactions.
The Committee on Foreign Investment in the United States regulations are complex and require a comprehensive understanding of not only the CFIUS regulations themselves, but also the related exports control regulations mentioned above, including the EAR and ITAR. Sequoia Legal can help you determine whether reporting is voluntary or mandatory under a given set of circumstances. We can also help you determine whether it would be in your best interests to submit a voluntary declaration of a merger, acquisition, or other foreign investment that might result in de facto, foreign ownership or control of a US company.
If you file a declaration, whether mandatory or voluntary, be aware that every sentence of such a declaration has consequences. We can help you prepare a declaration in a manner that will reduce your legal risks and provide maximum protection of your interests.
Our CFIUS attorneys can help you with the following matters, among others:
Our goal is to offer you comprehensive assistance through every stage of your transaction and its aftermath.
Global boundaries are rapidly dissolving, and at Sequoia Legal, we represent major transnational industries and clients from all over the world.
Our international trade & investments clients are based in China, Russia, the United Arab Emirates, Qatar, Saudi Arabia, and Germany, as well as many other nations. We also represent US companies and persons receiving investments from foreign investors.
Our clients frequently rely on our guidance on major investments involving cutting-edge technology and complex compliance issues. Our clients have trusted us with the most complex and high-stakes transactions involving CFIUS reviews in the following industries:
Our attorneys enjoy the benefits of long years of experience in the CFIUS review process concerning foreign direct investments that might pose a security risk to the United States. We understand their priorities, their methods, and above all, their thinking.
National security and regulatory compliance are two incredibly fast-moving areas of law. Our CFIUS lawyers invest the time that it takes to remain current in a rapidly evolving legal environment. We enjoy a successful track record of defending our clients against overbearing government interference.
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) dramatically changed the game when it comes to CFIUS reviews of certain foreign investments. Our attorneys have kept up with these and other changes, and we are able to anticipate further changes down the road.
Our Denver export compliance law firm has extensive experience with export administration regulations, the FCPA and international trade and can assist clients with developing export control and FCPA compliance programs. We ensure each client follows appropriate FCPA, export control compliance and foreign trade regulations for their industry, and our clients hail from nearly every industry sector. The attorneys at Sequoia Legal have successfully assisted and provided continued guidance for several international companies regarding the internal implementation of FCPA and export compliance plans. These companies employ and engage in various transactions with individuals and companies around the world. To ensure continued compliance with US sanctions laws and regulations following the implementation of the FCPA and export compliance programs, Sequoia Legal has conducted company audits, interviews and internal FCPA training programs. Due to the diligence of the Sequoia Legal team, zero issues or enforcement actions have been taken by the US government against Sequoia's clients for any FCPA or export related matter. An investment in a Sequoia Legal compliance plan has saved our clients time, focus and money.
Companies routinely face complex situations when exporting or doing business internationally. There is a complex set of laws and regulations applicable to the persons, places and products involved in international business. Businesses sometimes end up violating or running afoul of these highly technical and complicated rules. Sequoia Legal has represented various US and foreign companies in conducting internal investigations relating to suspected violations of US sanctions and export controls. Following completion of these internal investigations, where necessary, we have assisted clients in voluntarily disclosing suspected violations to US authorities and have obtained favorable outcomes, including reduced penalties or no penalties. This has allowed our clients to sleep at night and continue to expand and do business internationally in compliance with applicable US law.
Our team at Sequoia Legal regularly helps sellers and buyers of businesses navigate the intricacies of the purchase and sale process to help them achieve their dreams. In this case, Sequoia Legal was brought on by the owners of a local technology company in a sale to a strategic acquirer with a total transaction value in the multiple millions. We successfully negotiated transaction agreements, including due diligence with the buyer and post-closing employment agreements, and closed the transaction within an expedited 30 days period. As part of this process, we helped educate the sellers through their first transaction and work through the emotional roller coaster of selling your business.
And Finding It! Sequoia Legal regularly helps search funds and individuals find, acquire and successfully build new businesses. Our client was a search funder focused on acquiring a company in the professional services industry. We assisted in negotiating several LOI's that fell through, but as a result of that process, we found the right acquisition fit and assisted our client in executing an LOI, conducting due diligence, structuring the deal, negotiating the purchase agreement, working with the SBA and completing a deal that included a cash payment, SBA loan and seller financing with a variable note that reduced if certain revenue metrics were not achieved. We then assisted our client with several "tuck-in" acquisitions to further augment and accelerate the client's goals and exponentially grow revenue.
I cannot thank Christina enough for taking the time to make sure I had a good understanding of everything, answering every question I had no matter how silly or serious. I have worked with other firms before but what sets Sequoia on top is the time and effort they put in with their clients. Thank you thank you!
If you are looking for a legal team that is professional, trustworthy, compassionate, and detail-oriented look no further. I called to ask a question about a miniscule problem. Christina and her colleagues worked together providing accurate legal advice without hesitation.
Hunter Boone, Sequoia Legal, LLC, Has reviewed two contracts for me over the past three years. One the sale of our home, the other the sale of our business after 35 years. Hunter handled everything for us professionally and thoroughly! We will use Sequoia Legal again in the future if needed.
CFIUS reviews are among the most daunting legal matters any business will ever face, rivaling even SEC regulations and antitrust law in their nuanced complexity. Fear not. The CFIUS lawyers at Sequoia Legal stand ready to help you make it through the CFIUS regulatory maze. Call or contact us online to schedule a consultation.
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FIRRMA is the Foreign Investment Risk Review Modernization Act. It is a federal law that drastically expanded the jurisdiction of CFIUS and, to some extent, modified CFIUS processes.
FIRRMA created pilot programs to implement its provisions, to the extent that these provisions were not yet effective at the time the law was enacted. It also implemented a short-form filing and review process, and it expanded mandatory filing requirements to include certain transactions involving foreign governments and critical technology.
TID businesses include critical technology, critical infrastructure, and sensitive personal data. All of these are subject to CFIUS authority (and, in many cases, intense scrutiny).
The new CFIUS Pilot Program expanded the scope of transactions subject to CFIUS review to include even non-controlling real estate transactions and investments into US companies by foreign entities. It also made certain declarations mandatory that were previously voluntary.