The Committee on Foreign Investment in the United States (CFIUS) reviews inbound investments for national security concerns and has the authority to impose conditions on investments, block investments, and order divestment. Even transactions that do not raise apparent national security concerns may nonetheless draw the attention of CFIUS agencies, Congress, and the President. Failing to comply with the statutory and regulatory requirements, and failing to make filings when necessary or appropriate, could result in significant civil monetary penalties, damages, and other remedial measures, and can lead to reputational harm.
The U.S. government and other governments have put in place an array of other processes and requirements that apply in addition to the investment screening process and that may influence investment screening decisions. These processes include the following:
Over the last decade, we have provided advice to many private foreign investors and U.S. companies on CFIUS matters. Our recent work includes representing: