Reed Smith Client Alerts

The Committee on Foreign Investment in the United States (CFIUS) recently published a summary of its Annual Report to Congress for the fiscal year 2015 (the 2015 CFIUS Annual Report) reflecting a trend that has become evident over the last two years: CFIUS is closely scrutinizing more foreign investment transactions and taking action more frequently than in the past. This alert highlights some of the key points from the 2015 CFIUS Annual Report and other recent developments. The 2015 Annual Report is the most recent report released by the Treasury Department—an official report for fiscal year 2016 has not yet been published.

Authors: Michael J. Lowell Jill Ottenberg Paula A. Salamoun

Background

CFIUS is an interagency organization that serves the President in overseeing the national security implications of foreign investment in the United States. CFIUS is charged with reviewing foreign investments and advising the President on appropriate actions that may be necessary to suspend or prohibit foreign acquisitions, mergers, or takeovers which threaten to impair the national security of the United States. CFIUS coordinates the interagency review and CFIUS may propose measures that the parties can take to mitigate national security concerns.