Ralls Case Shows Importance Of Proactively Engaging CFIUS

Law360, New York (March 12, 2013, 12:40 PM EDT) -- On Feb. 22, 2013, the U.S. District Court for the District of Columbia dismissed most claims of Chinese-owned Ralls Corporation's civil action against an executive order, issued by President Obama on Sept. 28, 2012, which prohibits Ralls' acquisition of four wind farm project companies in Oregon. The project sites overlap with a United States Navy restricted airspace and bombing zone. Ralls had not notified the Committee on Foreign Investment in the United States of the transaction prior to closing. The presidential order had drawn attention because it was only the second time in history that a sitting president prohibited an acquisition by a foreign buyer on national security grounds. The Ralls case underlines the broad authority given to the president in national security matters....

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