Understanding CFIUS: National Security Reviews in Foreign Investment

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In today’s global economy, foreign investment helps fuel innovation and business growth in the United States. However, when an investment involves sensitive sectors such as defense, infrastructure, or advanced technology, national security concerns may arise. To address these issues, the U.S. government relies on the Committee on Foreign Investment in the United States (CFIUS).

CFIUS is an interagency committee chaired by the U.S. Department of the Treasury. It reviews certain transactions that could give foreign investors control or significant influence over U.S. businesses to determine whether they pose risks to national security. If a concern is identified, CFIUS can impose conditions on a deal or recommend that it be blocked or unwound.

Over time, CFIUS’s authority has expanded to cover a wider range of transactions, including some minority investments in companies that handle critical technologies, key infrastructure, or sensitive personal data. This means that even seemingly routine cross-border investments may require careful consideration under CFIUS rules.

Compliance with CFIUS regulations is essential. Failing to properly assess or file a transaction can result in serious consequences, including government intervention or forced divestment after a deal has closed. By evaluating potential risks early in the process, parties can avoid costly delays and uncertainty.

We assist clients in determining whether their transactions may fall under CFIUS review, preparing the necessary filings, and guiding them through the process from start to finish. Our goal is to help clients move forward with confidence, ensuring their business objectives align with U.S. national security regulations.

Have questions? Give our office a call today at (917) 546-6997 or schedule an intake meeting, we would be happy to speak with you.

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