CFIUS Annual Report — Review Process Appears Increasingly Stringent

The recently published annual report to Congress by the Committee on Foreign Investment in the United States (CFIUS), a U.S. government interagency committee that conducts national security reviews of transactions that could result in control of a U.S. business by a foreign person, suggests that the committee’s reviews are becoming increasingly stringent. Sweeping conclusions cannot be drawn from a report that covers only the committee’s work in 2013, but the report does include some useful insights, consistent with our experience, that reinforce the message that parties to acquisitions and other corporate transactions in the United States involving foreign persons should assess CFIUS issues at an early stage.

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