Foreign direct investment CFIUS review
In Trade and Geopolitical Risk, foreign direct investment screening under Committee on Foreign Investment in the United States jurisdiction is one of the most operationally demanding compliance obligations U.S.-nexus deals now face. The U.S. Department of the Treasury, as CFIUS chair, has expanded mandatory declaration requirements under 31 C.F.R. Part 800 to cover a wider band of critical technology and infrastructure transactions, and the Office of Investment Security is actively enforcing timelines that leave general counsel little room to improvise. Compliance teams are currently stress-testing deal structures against TID U.S. Business definitions before term sheets are signed, not after.
Watch
- Mandatory declaration deadlines under 31 C.F.R. Part 800.401 for critical technology transactions
- U.S. Department of the Treasury guidance on covered real estate near military installations
- CFIUS mitigation agreement enforcement actions against previously cleared transactions
- Outbound investment screening proposals that could extend review beyond inbound FDI
- Foreign adversary beneficial ownership disclosure requirements in pending deal structures
Recent material activity in Trade & Geopolitical Risk
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