Voluntary CFIUS Filings May Limit Uncertain Outcomes

Law360 (June 24, 2021, 5:04 PM EDT) -- The risk has never been higher that the U.S. government will seek to review foreign investments in U.S. businesses and real estate for national security reasons.

The Committee on Foreign Investment in the United States, a powerful committee consisting of various U.S. government agencies, is primarily responsible for screening foreign investments to ensure that they do not impair U.S. national security interests.

CFIUS can impose conditions on a transaction or cause parties to withdraw or unwind deals that raise such concerns.

In certain cases, prescribed by the regulations, filing with CFIUS is mandatory and failure to file may be subject to...

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