Final CFIUS Regulations Retain Committee's Latitude to Determine Which Foreign Transactions May Threaten U.S. National Security


Review by the Committee on Foreign Investment in the United States (CFIUS) of mergers, acquisitions or takeovers by foreign interests has remained highly public, political and sensitive since the proposed acquisition in 2006 by Dubai Ports World of port assets in the U.S. CFIUS, comprised of representatives of several federal agencies, is charged with recommending to the President whether a transaction should be prohibited because it could impair U.S. national security. On November 14, the U.S. Treasury Department took the next step in revising CFIUS’s legal and regulatory processes with the issuance of implementing regulations under the Foreign Investment and National Security Act of 2007 (FINSA).

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