Option 1: CFIUS and Reverse CFIUS (Paul Brest Hall East)
This session will explore the pain points and challenges of complying with CFIUS and FIRRMA,
as well as the possible parameters of a new outbound investment regime. This session also will
consider how related entity risks and beneficial ownership risks should be treated in a CFIUS
context, as well as the heightened risk of monetary penalties for noncompliance. To the extent it
is of interest to participants, this session may also consider some of the challenges of FOCI
clearance and mitigation.
Option 2: Trade Controls (Paul Brest Hall West)
This session will explore the pain points and challenges of complying with trade controls that
support decoupling, including new additions to the Entity List, export licensing requirements,
new Foreign Direct Product Rules, the use of export controls to address human rights violations,
and import restrictions on products from China and Russia. This session also may consider
inconsistencies between various trade and investment controls and sanctions regimes, as well as
ways in which compliance with U.S. policies could trigger possible countermeasures by foreign
jurisdictions.