CFIUS expansion of review

Published 10 October 2019 by Golenbock Eiseman Assor Bell & Peskoe LLP

The US Federal government, under CFIUS, a multi-department government committee, has reviewed acquisitions by non-US persons of “strategic” businesses and assets in the US for many years now.  If the acquisition is subject to review and does not pass governmental acceptance, then the deal  may have to be terminated or modified, or possibly even undone if review is subsequent to closing.  The US Federal Government is expanding the kinds of transactions that will be subject to the CFIUS review to include partial acquisitions by non-US persons that give direct or indirect control to non-US persons and investments and acquisitions in real estate that is located in or near identified strategic facilities, such as military bases, airports and ports .  The attached is a very cursory review of the new regulations being promulgated under an act passed last year to expand the CFIUS review.

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