Foreign direct investment CFIUS review
Foreign direct investment scrutiny in the Technology, AI, and Competition sector has sharpened considerably, with the Committee on Foreign Investment in the United States operating under expanded jurisdiction following the Foreign Investment Risk Review Modernization Act and its implementing regulations at 31 C.F.R. Parts 800 and 802. The European Commission's Foreign Direct Investment Screening Regulation and Japan's Foreign Exchange and Foreign Trade Act have added parallel review tracks that affect the same cross-border deals, meaning a single acquisition can now trigger mandatory filings in three jurisdictions before close. Legal and compliance teams are currently pressure-testing deal structures for TID U.S. business exposure and mapping AI-related IP assets against CFIUS's technology coverage definitions before term sheets are signed.
Watch
- CFIUS mandatory filing triggers for TID U.S. businesses: AI software now squarely in scope
- European Commission screening referrals to member states rising in semiconductor and cloud deals
- 31 C.F.R. Part 802 real estate provisions affecting data center acquisitions near military installations
- Japan FEFTA prior-notification thresholds for foreign stakes in designated sensitive tech firms
- CFIUS mitigation agreement enforcement: national security agreements increasingly require source code audits
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