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Luca CM Melchionna, Esq., Principal Luca CM Melchionna has 25+ years of experience in both private practice and academia, in Italy and in the United States. He is a...
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Mission and Values
Mission Melchionna PLLC’s mission is to provide outstanding legal services and tax advice. We focus on building a relationship with each client to truly understand their needs and...
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...
M&A and corporate law
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Tax Cuts and Jobs Act 2017
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Arbitration Clauses in Labor Contracts: Renouncing Class Actions is Legitimate
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The Food Safety Modernization Act, FSMA
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Quadro Economico USA – il mercato delle M&A e’ in ripresa per le aziende medio piccole
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FATF e Anti Money Laundering (AML) Regulations
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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...
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...
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...
FIRRMA, Foreign Investment Risk Review...
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.
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