Tag Archives: Mark D. Herlach

President Trump Issues “America First Investment Policy” Presidential Memorandum

by Jeffrey P. Bialos, Ginger T. FaulkMark D. Herlach, and Nicholas T. Hillman

Photos of the Authors.

From left to right: Jeffrey P. Bialos, Ginger T. Faulk, Mark D. Herlach, and Nicholas T. Hillman. Photos courtesy from Eversheds Sutherland.

On February 21, 2025, President Trump issued a memorandum titled “America First Investment Policy” (the “Investment Memo” or “Memo”), in which the President aims to modify the U.S. Government’s approach to inbound and outbound foreign investment to address national security threats.

The Investment Memo reconfirms the United States’ longstanding commitment to open investment to encourage domestic development of key advanced technologies and takes steps to streamline investments by trusted allies and partners.  Among other things, it seeks to establish the “fast tracking” of certain investment and environmental reviews and seeks to minimize the use of “open ended” mitigation agreements.

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