CFIUS annual report highlights spike in filings and scrutiny of Chinese investments

The Committee on Foreign Investment in the United States (CFIUS or the committee), a U.S. government interagency committee that conducts national security reviews of foreign investments, has released its annual report for 2016 and 2017. Although the report does not take into account cases reviewed by the committee after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which expanded CFIUS' jurisdiction and launched a mandatory filing pilot program, it offers some insight into the nature and extent of Chinese investment in the United States during what is widely considered to be the highwater mark of Chinese investment in this country. In particular, in 2016 and 2017, CFIUS' case load dramatically increased, as did the number of cases that proceeded to a second-stage investigation and the number of transactions that were abandoned on national security grounds.

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