Clients seeking to invest in foreign nations turn to Reed Smith’s CFIUS and foreign investment control attorneys to help close the deal. With foreign investors facing unprecedented government scrutiny and sharply restrictive investment regulations, it is more important than ever for parties to partner with experienced foreign investment attorneys to ensure the success of international deals. Our cross-office team of attorneys in Washington, D.C., London, Brussels, Shanghai and Beijing have unparalleled capabilities to help clients navigate foreign investment reviews in jurisdictions around the world, including review before the Committee on Foreign Investment in the United States (CFIUS) and under EU foreign investment screening mechanisms and China’s Foreign Investment Law.
We have represented transaction parties in some of the most complex and intensely scrutinized foreign investment reviews before CFIUS. We also have significant, unmatched experience representing parties in “non-notified” or post-transaction CFIUS inquiries and investigations. These matters uniquely situate us to provide clients with practical guidance through all stages of a transaction. We help clients understand and consider CFIUS and other regulatory requirements as they contemplate potential deals and investments; we lead buyers (including state-owned enterprises), sellers, and other stakeholders through the process of providing formal notice to the government and obtaining “safe harbor” clearance; and we provide ongoing counseling after closing to ensure compliance with any mitigation measures required in national security agreements, letters of assurance, or other mechanisms imposed by the government – including the oversight of audits, monitorships, and divestiture of U.S. assets.
Our experience spans a variety of industries, including telecommunications, infrastructure, defense, homeland security, financial services, manufacturing, transportation, and natural resources, and is applied in a number of contexts related to foreign investment, including:
- Representing transaction parties before CFIUS, the Defense Counterintelligence and Security Agency, the Directorate of Defense Trade Controls and other U.S. government agencies
- Drafting and submitting voluntary, mandatory, and “requested” CFIUS notices
- Negotiating national security agreements, letters of assurance, and other mitigation measures to address national security concerns
- Advising on jurisdictional issues triggered by U.S. activities in critical technologies, critical infrastructure, sensitive personal data, and real estate
- Advising on transaction terms and provisions to address U.S. regulatory issues
- Interacting extensively with CFIUS representatives in connection with particular transactions
- Representing parties in response to post-closing inquiries from CFIUS in relation to non-notified transactions
- Overseeing risk mitigation activities, including selection and oversight of independent auditors and third-party compliance monitors
- Leading clients through required divestiture of U.S. assets
- Working with clients to determine whether it would be advisable to submit a voluntary notification to CFIUS
- Due diligence
- Training and counseling on investment controls
- Risk assessments
- Revising acquisition terms to minimize potential national security concerns
