CFIUS Proposal May Disproportionately Hit Certain Countries

By John Barker, Charles Blanchard and Ronald Lee (May 22, 2020, 5:23 PM EDT) -- Since late 2018, certain foreign investments in U.S. companies involved in the production of so-called critical technologies for use in particular industries have been subject to a mandatory review by the Committee on Foreign Investment in the United States, or CFIUS.

Failure to submit the proposed investment to CFIUS in a declaration subjects the parties involved in these investments to potential penalties up to the value of the transaction.

On May 21, the U.S. Department of the Treasury, as chair of CFIUS, published a proposed rule to modify the trigger for a mandatory filing to base it more heavily on export...

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