The Fiscal Year 2026 National Defense Authorization Act, signed into law on December 18, 2025, includes the Comprehensive Outbound Investment National Security Act of 2025 (COINS Act), which establishes a statutory framework to prohibit or require notification of certain outbound investments by U.S. persons in technology sectors deemed sensitive to U.S. national security. The COINS Act largely builds on the outbound investment regime implemented toward the end of the Biden administration under Executive Order (EO) 14105 and the U.S. Department of the Treasury’s existing regulations at 31 CFR Part 850, which went into force on January 2, 2025.
In “FY 2026 NDAA Includes New Statutory Framework for Outbound Investment Restrictions,” colleagues Nancy A. Fischer, Matthew R. Rabinowitz, Sahar J. Hafeez, Julian M. Beach, Zachary C. Rozen, Erin Kwiatkowski and Daniel Steinfeld dive into the details, examining changes introduced to existing regulations as well as what this significant step means going forward. They also a provide a chart comparing the notifiable and prohibited sectors against the current Outbound Investment Regulations.