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Tagged: FIRRMA

Cross Border

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”). Perhaps the most famous example being President Obama’s 2012 Executive Order directing the Ralls Corporation to divest its interest in an Oregon wind farm operation near a U.S. Navy restricted airspace and bombing zone. Today during a CFIUS review,...

Legal Developments

Recent Changes in the CFIUS Evaluation Process

Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear minor, the modifications provide CFIUS with even greater capabilities to ensure protection of U.S. national security. “Springing Rights” are No Longer an Option. Following the passage of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), certain transactions involving TID U.S. businesses[1] that afford foreign investors control or certain...

Legal Developments

How CFIUS Foreign Transaction Monitoring Broadened

2020 is a year we will not soon forget. 2020 was also a year full of dramatic changes for the Committee on Foreign Investment in the United States. The committee’s mandate remained the same — review foreign investments in U.S. businesses to protect national security. When necessary, the president can prohibit a proposed transaction, or require a foreign person to divest their interest in a U.S. business on national security grounds. However, important modifications to the CFIUS process were introduced...