Tagged: foreign investment
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,...
The Bureau of Economic Analysis is required to conduct a national survey of foreign direct investment in the United States every five years, and all U.S. companies with non-US persons owning or controlling, directly or indirectly, 10% or more of the voting equity that company are required to complete a Benchmark Report in 2023. This requirement exists for all U.S. companies with such foreign ownership, even if they have not been individually contacted by BEA to ask for such a...
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...
