Event Details

Recently there have been several significant developments regarding legislation intended to overhaul the national security review process conducted by the Committee on Foreign Investment in the United States (CFIUS) with respect to foreign direct investment into the United States.


Timeline:


June 18, 2018, the US Senate passed its version of the Foreign Investment Risk Review Modernization Act (FIRRMA), which is legislation designed to reform and modernize the CFIUS process to better address evolving national security threats.

June 26, 2018, the US House of Representatives passed its version of FIRRMA.

June 27, 2018, President Trump announced that he intends to rely on FIRRMA to address the investment-related technology-theft issues identified earlier this year by the US Trade Representative's Section 301 investigation into China.

Aug 13, 2018, President Trump has signed off the NDAA, which means that FIRRMA has officially become law.


With the intention towards Chinese investment-related technology-theft issues, the legislation of FIRRMA will surely have a huge impact on Chinese investment to the US and MNCs who traditionally cooperates with Chinese companies.


Therefore, the AmCham China Outbound Investment Forum invites you to this upcoming briefing event on CFIUS Update. The event emphasizes on:

  • What is the reality of FIRRMA and its impact on CFIUS filing process?
  • What types of 'covered transactions' that FIRRMA expands CFIUS to review?
  • What types of transactions would concern "National Security" and "technology-theft" issue?
  • What is the FIRRMA's new "declaration" process? What kind of transactions could receive approval on an expedited basis following a shortened notification?
  • What is the potential impact on Chinese investment? How should Chinese companies or MNCs react?


*Pre-paid Event Access is eligible for this event.


LIVE STREAMING TICKETS REMAIN AVAILABLE: For AmCham China Beijing and Chapter members, a live streaming service can be provided for you to attend this event remotely. Keep up with the most recent updates and insights with experts in Beijing - buy a live streaming ticket and watch live! After paying online, an email with your unique password and a live streaming web link will be sent to you directly one day prior to the event day. Please contact Manyin Liu at 010-85190862 or mliu@amchamchina.org for any questions regarding the live streaming service.

Speakers

  • Farhad Jalinous (Global Head of International Trade and Mergers & Acquisitions Practices, and heads the Firm's National Security and CFIUS practice at White&Case)

    Farhad Jalinous

    Global Head of International Trade and Mergers & Acquisitions Practices, and heads the Firm's National Security and CFIUS practice at White&Case

    Farhad Jalinous is a partner in our Global International Trade and Global Mergers & Acquisitions Practices, and heads the Firm's National Security and CFIUS (Committee on Foreign Investment in the United States) practice. His experience includes negotiating some of the most complex and sensitive national security agreements approved by the US government. Farhad has represented top Fortune 500 companies in their investments in US companies involving national security issues. He represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in the United States.

    In particular, Farhad represents clients in national security reviews before CFIUS, as well as before several agencies of the US government, including the Department of Defense, the Department of Energy and other cognizant security agencies, with respect to mitigation of foreign ownership, control or influence (FOCI) under the applicable national industrial security regulations.

    Farhad has represented clients from all over the world, including Australia, Canada, China, Denmark, France, Germany, India, Israel, Italy, Japan, Luxembourg, the Netherlands, Russia, Saudi Arabia, Singapore, Spain, Sweden, Switzerland, Taiwan, Turkey, the UAE and the UK, in several hundreds of transactions notified to CFIUS. These transactions span a variety of industries (e.g., aerospace, automotive, critical infrastructure, cybersecurity, defense, electronics, energy, engineering and construction, identity authentication, information technology, intelligence, medical diagnostics, microelectronics, mining, ports, telecommunications and satellites, transportation and shipping, etc.) and range in value from smaller deals to multiple US$ billions.

    Farhad routinely represents companies in all stages of the CFIUS process, including deal structuring and other strategic planning, negotiating purchase agreement terms to ensure client protection, conducting due diligence to assess potential areas of national security concern, developing strategies for engaging the government and facilitating a smooth process, preparing CFIUS filings and managing follow-up inquiries, negotiating CFIUS mitigation requirements, and guiding companies through mitigation implementation.

    Farhad is consistently recognized by Chambers USA and Chambers Global as one of the top-tier CFIUS practitioners in the US legal market. Chambers Global, 2018 noted that, "The esteemed Farhad Jalinous chairs the firm's national security and CFIUS practice and is a prominent figure in the market. Clients recognize his 'absolute command of the subject matter' and 'concise answers to legal questions,' while also applauding him as a 'true expert in this field.'" Farhad is often quoted in prominent publications including Wall Street Journal, The Financial Times, American Law Daily and The Daily Deal.

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  • Gregory Pryor (Head of Americas Mergers & Acquisitions and Corporate Practice at White&Case)

    Gregory Pryor

    Head of Americas Mergers & Acquisitions and Corporate Practice at White&Case

    Greg is head of White & Case's Americas Mergers & Acquisitions and Corporate Practice.

    He represents corporations, their stakeholders and financial investors in a wide range of complex domestic and cross-border mergers, acquisitions, divestitures, joint ventures and leveraged buyouts.

    In addition, public and private corporations regularly receive his counsel on general corporate and compliance matters, restructurings, corporate governance issues and public and private offerings of equity and debt securities.

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  • Tim Stratford (Partner at Covington & Burling LLP’s Beijing office)

    Tim Stratford

    Partner at Covington & Burling LLP’s Beijing office

    Tim Stratford is managing partner in Covington & Burling LLP’s Beijing office and a member of the International Trade, Corporate and Government Affairs Practice Groups. Mr. Stratford’s practice is focused on advising international clients doing business in China and assisting Chinese companies seeking to expand their businesses globally. As a former Assistant U.S. Trade Representative, Mr. Stratford is the most senior former U.S. trade official working as a member of the U.S. business community in China. Except for the five years he spent in Washington, D.C. in government service (2005-2010), Mr. Stratford has lived and worked continuously in the greater China region since 1982.

    While at USTR, Mr. Stratford was responsible for developing and implementing U.S. trade policy toward mainland China, Taiwan, Hong Kong, Macao and Mongolia. He worked closely with other senior U.S. and Chinese officials from numerous government departments and agencies to address problems encountered by companies engaged in bilateral trade and investment and co-chaired a number of important bilateral working groups and dialogues established under the U.S.-China Joint Commission on Commerce and Trade and the U.S.-China Strategic & Economic Dialogue.

    Prior to serving at USTR, Mr. Stratford was General Counsel for General Motors’ China operations, where he was a member of GM’s senior management team in China and oversaw the company’s legal and trade policy work. Mr. Stratford also served previously as Minister-Counselor for Commercial Affairs at the U.S. Embassy in Beijing and as Chairman of the American Chamber of Commerce in China. He is a graduate of Harvard Law School and Brigham Young University, and is fluent in Mandarin and Cantonese.

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Agenda

2 PM - 2:30 PM
Registration
2:30 PM - 2:35 PM
Opening Remarks
2:35 PM - 3:05 PM
Keynote I: FIRRMA Update and CFIUS Reform
3:05 PM - 3:20 PM
Keynote II: Merging & Acquisitions under the current situation and Case Study
3:20 PM - 4 PM
4 PM - 4:30 PM

Tickets

AmCham Cardholding Member
Member Price RMB 150
Member Price (Pay at the door) RMB 200
Employee of Member Companies
Standard Price RMB 250
Door Price RMB 250
Non-Member
Standard Price RMB 550
Prepaid Event Access: Cardholding Members
Member Price RMB 900
Prepaid Event Access: Employee of Member Company
Standard Price RMB 1,100

Live Streaming

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Prepaid Event Access

Just 1 Fapiao for 12 months, UNLIMITED access to cardholding members and employees of member companies.

Venue

naked Hub Sanlitun, Mandela Room

5F, Gate 5, Pacific Century Place, 2A Workers' Stadium North Road
工体北路甲2号,盈科中心5号门5层裸心社

BeijingChaoyang District, China

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