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About us

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Avv. Flavia Betti Tonini, PhD, Of Counsel Flavia Betti Tonini is an experienced attorney with a solid background in corporate law, compliance, criminal law, and...

Posted on 13th January 2023 by lcmm@melchionnalaw.com

About us

Mission and Values

Mission Melchionna PLLC is an indipendent law firm. Melchionna PLLC’s mission is to provide outstanding legal services and tax advice. We focus on building a relationship with...

Posted on 5th November 2019 by lcmm@melchionnalaw.com

About us

Melchionna PLLC, a law firm with a focus on business, corporate, tax, and IP law.

About us Melchionna PLLC represents and assists North American and European business clients in achieving their goals with sound legal advice and innovative solutions to current...

Posted on 18th February 2019 by lcmm@melchionnalaw.com

M&A and corporate law

FIRRMA, Foreign Investment Risk Review Modernization Act: Investing in the USA Will Become More Difficult in Key Sectors

The National Defense Authorization Act, introduced for the 2019 fiscal year, has updated and broadened the powers of the Commission on Foreign Investments in the United States...

Posted on 11th February 2019 by iulia@plus972group.com

Food law

FDA – Drug Supply Chain Security

The FDA has recently finalized some regulations regarding the Drug Supply Chain Security Act (DSCSA). The goal is to help companies that operate in the pharmaceutical industry...

Posted on 11th February 2019 by iulia@plus972group.com

International tax

Tax Cuts and Jobs Act 2017

The Tax Cuts and Jobs Act (TCJA), aimed at reducing the US’s federal tax burdens, came into effect on January 1, 2018. The most important aspects of the TCJA concern the reduction...

Posted on 11th February 2019 by iulia@plus972group.com

M&A and corporate law

Arbitration Clauses in Labor Contracts: Renouncing Class Actions is Legitimate

On May 21, 2018 The Supreme Court of the United States established a relevant principle in terms of hourly compensation in labor contracts and alternative conflict resolution in...

Posted on 11th February 2019 by iulia@plus972group.com

Food law

The Food Safety Modernization Act, FSMA

The FSMA gives the Food and Drug Administration (“FDA”) authority to regulate food grown, harvested, or processed in the US or elsewhere. The FDA has the duty to better protect...

Posted on 12th January 2019 by iulia@plus972group.com

M&A and corporate law

Quadro Economico USA – il mercato delle M&A e’ in ripresa per le aziende medio piccole

I dati piu’ recenti pubblicati dal Bureau of Economic Analysis (BEA) registrano la solidità del quadro economico degli Stati Uniti, con un PIL che evidenzia, nel terzo trimestre...

Posted on 15th December 2018 by iulia@plus972group.com

Money laundering

FATF e Anti Money Laundering (AML) Regulations

Il Dodd-Frank Act e il JOBS Act (Jump Our Business Startups) richiedono alle societa’ target americane, come noto, una serie di disclosure finanziarie molto accurate. Sulla base...

Posted on 14th December 2018 by iulia@plus972group.com

M&A and corporate law

FIRRMA, Foreign Investment Risk Review Modernization Act: sara’ piu’ difficile investire negli USA in alcuni settori chiave

Per l’anno fiscale 2019 e’ stato introdotto il “National Defense Authorization Act”, che ha rinnovato ed ampliato i poteri della Commissione sugli investimenti stranieri negli...

Posted on 10th December 2018 by iulia@plus972group.com

International tax

Offshore Voluntary Disclosure Programs, (OVDP): A critical step in the movement towards transparency

In the last two decades, [After 1989, transparency and privacy became an increasingly topic of investigation and discussion among scholars and professionals. From 1989 to 2015 the...

Posted on 10th December 2017 by iulia@plus972group.com

Food law

“Food Revolution”. A growing opportunity for higher quality food

According to the most recent data, nearly two third of United States population is reportedly overweight or obese. However, there is a growing segment of the population which is...

Posted on 20th October 2016 by iulia@plus972group.com

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M&A and corporate law

FIRRMA, Foreign Investment Risk Review Modernization Act: Investing in the USA Will Become More Difficult in Key Sectors


iulia@plus972group.com
FIRRMA, Foreign Investment Risk Review...
Posted on 11th February 2019 by iulia@plus972group.com

The National Defense Authorization Act, introduced for the 2019 fiscal year, has updated and broadened the powers of the Commission on Foreign Investments in the United States (CFIUS), in addition to having modified FIRRMA (Foreign Investment Risk Review Modernization Act).

Investments carried out in the USA on behalf on foreigners will be subject to stricter control procedures if they are seen as a risk to American national security. Such investments include all those regarding crucial infrastructure, fundamental technologies dealing with the sensitive personal information of American citizens, or concerning transactions in the real estate market. In short, the areas primarily involved will be: certain strategic real estate acquisitions, acquisitions made via PE in technological corporations and the transfer of technology abroad.

New mechanisms regarding import and re-export regimes have been introduced, requiring a more extensive identification and control of transactions.

Those involved should expect a longer timeframe for the presentation (and execution) of the supporting documentation required by CFIUS for the proposed transaction. The Commission may authorize the transaction, require more information, or begin a unilateral revision of the transaction, even after the closing.

CFIUS

Following the recommendation of CFIUS, the President of the United States has the power to suspend or prohibit investment operations in the United States of America in light of Section 721 of the Exon-Florio Act introduced in the Defense Production Act of 1950.

CFIUS, led by the Secretary of the Treasury, recommends investment operations to the President of the Republic, who, in turn, can either accept or decline.

In November of 2018, the first pilot program dealing with technology regarded as critical was launched. All foreign investments are subject to a mandatory filing under Section 31 CFR 801.401

The information provided here does not, and is not intended to, constitute legal advice but simply information for general purposes only and may not be the most up to date. Use of our website or any of its links or resources do not create an attorney-client relationship between the reader, user, or browser and the law firm. The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only.

 

 

iulia@plus972group.com
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