A year after transactions involving “research and development in biotechnology” and 26 other “critical technology” industries were made subject to review by the Committee on Foreign Investment in the United States (CFIUS), President Donald Trump’s Administration has signaled a desire to keep an even closer eye on such deals. The new rules could further reduce foreign direct investment in the United States by overseas investors, including Asian firms and wealthy individuals increasingly flush with capital as biopharma has grown in Asia. The Trump Administration has proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 by further expanding CFIUS’ jurisdiction beyond transactions that could result in control of a U.S. business shifting to overseas investors, to also include a noncontrolling direct or indirect investment by a foreign person as spelled out by the U.S. Treasury Department. The CFIUS expansion appears to explain a drop in Chinese foreign direct investment (FDI) into U.S. biopharmas. According to PitchBook, Chinese investors participated in $725 million worth of venture capital financings for U.S. biopharmas during the first half of 2019—down 56% from $1.65 billion during January–June 2018. Click Here For Complete Article Text
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