Foreign direct investment CFIUS review
Foreign direct investment into U.S. energy infrastructure is one of the most scrutinized deal categories the Committee on Foreign Investment in the United States currently reviews, and transactions involving power generation, pipeline assets, or critical mineral supply chains face mandatory filing requirements under the Foreign Investment Risk Review Modernization Act rules codified at 31 C.F.R. Parts 800 and 802. The U.S. Department of the Treasury, which chairs CFIUS, has expanded its coordination with the U.S. Department of Energy on mitigation agreements tied to grid-connected assets specifically. Deals that cleared two years ago are being reopened under new national security conditions.
Watch
- 31 C.F.R. Part 802 mandatory declarations for foreign acquisitions of U.S. energy real estate
- DOE mitigation agreement conditions on grid interconnection rights and operational data access
- CFIUS jurisdiction over minority stakes in LNG export facilities and offshore wind
- Treasury's pilot program expanding covered transaction definitions to include greenfield energy projects
- European Commission FDI screening coordination with CFIUS on cross-border energy asset deals
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