CRA is a proud sponsor of the event.
Waqas Shahid is a panelist during the session titled “Tips for Success and Lessons Learned when Monitoring Mitigation Agreements.”
During the Negotiation Phase – establishing the groundwork
- Examining how much monitoring action the committee is doing, including site visits
- Complexity of working with a monitor and auditor, and differentiating those roles and relationships
- Calculating the cost of an ongoing monitorship versus the cost of the investment
- Fully understanding the capability and the operations of the company, such as separating US from non-US systems
During the Implementation phase – element of trust with the CMAs and third parties
- Setting a good cadence: Engaging with your CMA, sharing information and encouraging an open dialogue and building trust
- Developing accountability on both sides
- Seeking for clarification on an interpretation, correct interpretations vs the most conservative interpretation and what could lead to litigation
- Examining security incidents
During Day-to-Day Compliance – collaboration and transparency with the CMAs
- Trends in monitoring, which sectors are more likely to see a monitorship agreement
- Clarifying the rule on limited partnership agreements used to set up funding
- Following through on accountability on both sides
- Ensuring an open dialogue, flexibility and responsiveness when the business world changes
Jesse Sucher moderates the Government Panel on Investment Security.
The U.S. Department of the Treasury released its Advance Notice of Proposed Rulemaking (ANPRM) following the Executive Order of August 9, 2023 entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern”.
During this important session, key topics to be discussed will include:
- Examining how the Outbound Investment review will consider technology and how it will be different from CFIUS’ scrutiny with respect to semiconductors and microelectronics, quantum information technologies, and artificial intelligence
- What will the regulatory framework look like and will it mimic other frameworks?
- Identifying which types of investments will fall within this scope-and which ones won’t
- Anticipating the interplay between Outbound investment and other government review processes
- Harmonizing outbound investment guidelines with existing legislation and regulations, including export controls, provisions in the CHIPS Act, and dual-use items
For more information on this event, click here.
