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The Problem With New CFIUS Rules

Law360 (February 18, 2009, 12:00 AM EST) -- The Treasury Department recently issued final regulations governing the Committee on Foreign Investment in the United States (CFIUS),[1] the interagency body that reviews foreign investments in U.S. businesses for their potential impact on national security. It later published guidelines on applying the regulations.[2]

The regulations were published shortly before the U.S. and other G-20 nations promised to “refrain from raising new barriers to investment,”[3] a promise arguably at odds with the new regulations, which expand possible restrictions on foreign investment in the name of national security....
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