Committee on Foreign Investment in the United States
The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced "sifius") is an inter-agency committee of the United States Government that reviews the national security implications of foreign investments in U.S. companies or operations. Chaired by the United States Secretary of the Treasury, CFIUS includes representatives from 16 U.S. departments and agencies, including the Defense, State and Commerce departments, as well as (most recently) the Department of Homeland Security. CFIUS was established by President Gerald Ford's Executive Order11858 in 1975. President Reagan delegated the review process to the Committee on Foreign Investment in the United States with the Executive Order 12661 in 1988. This was in response to U.S. Congress giving authority to the President to review foreign investments, in the form of Exon-Florio Amendment.
Process
Companies proposing to be involved in an acquisition by a foreign firm are supposed to voluntarily notify CFIUS, but CFIUS can review transactions that are not voluntarily submitted.
A foreign direct investment (FDI) is a controlling ownership in a business enterprise in one country by an entity based in another country.
Foreign direct investment is distinguished from portfolio foreign investment, a passive investment in the securities of another country such as public stocks and bonds, by the element of "control". According to the Financial Times, "Standard definitions of control use the internationally agreed 10 percent threshold of voting shares, but this is a grey area as often a smaller block of shares will give control in widely held companies. Moreover, control of technology, management, even crucial inputs can confer de facto control."
The origin of the investment does not impact the definition as an FDI: the investment may be made either "inorganically" by buying a company in the target country or "organically" by expanding operations of an existing business in that country.
November 19, 2020 — Asia Society Northern California hosts a discussion on the Committee on Foreign Investment in the United States (CFIUS) and the role of China foreign investment. Speakers include Stephen Heifetz, partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati and Melissa Mannino, of counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, and the conversation was moderated by Thilo Hanneman, partner at Rhodium Group. The discussion addressed final rules of the CFIUS reform legislation, including the substantial interplay of CFIUS and export controls, as well as how CFIUS might look during the Biden administration. (1 hr., 2 min)
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published: 25 Nov 2020
CFIUS decision assures markets that foreign investment will continue, says expert
Phillip Swagel, former assistant secretary for economic policy at the Treasury Department, and John Carlin, ASpen Institute cybersecurity and technology program chair and former Justice Department national security attorney, discuss the restrictions on Chinese investment under the Committee on Foreign Investment in the United States (CFIUS).
published: 27 Jun 2018
Foreign Direct Investment to the U.S.: A Look at CFIUS and the FIRRMA Pilot Program
Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.
published: 11 Mar 2019
Overhaul of US national security review process for foreign investment
CGTN's Rachelle Akuffo speaks to Arthur Dong, professor at Georgetown University's McDonough School of Business and Merrill Matthews, resident scholar at the Institute for Policy Innovation, about CFIUS (Committee on Foreign Investment in the United States) reforms.
published: 14 Aug 2018
How Does CFIUS Review Impact Foreign Investment Into the US?
Latham & Watkins partner Les Carnegie discusses how the CFIUS review process impacts foreign investment into the US at our 2017 cross-border M&A conference. For more views on global M&A trends, visit http://www.lw.com/GlobalMandA
published: 28 Nov 2017
Committee on Foreign Investment in US Jurisdiction Expanded - David Garrett, International Attorney
There is a wealth of change in our world right now. Did you know that relatively new Federal regulations could have an impact on foreign investments into your company in the United States, or on the location of your company, if there is direct or indirect foreign control?
We’re talking about CFIUS, also known as the Committee on Foreign Investment in the U.S. CFIUS is an interagency committee that is authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions to determine the effect on the national security of the United States.
Historically CFIUS’ jurisdiction has been limited to transactions that resulted in foreign control (direct or indirect) of a U.S. business. Effective this past February, the Committee’s juri...
November 19, 2020 — Asia Society Northern California hosts a discussion on the Committee on Foreign Investment in the United States (CFIUS) and the role of Chin...
November 19, 2020 — Asia Society Northern California hosts a discussion on the Committee on Foreign Investment in the United States (CFIUS) and the role of China foreign investment. Speakers include Stephen Heifetz, partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati and Melissa Mannino, of counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, and the conversation was moderated by Thilo Hanneman, partner at Rhodium Group. The discussion addressed final rules of the CFIUS reform legislation, including the substantial interplay of CFIUS and export controls, as well as how CFIUS might look during the Biden administration. (1 hr., 2 min)
Subscribe for more videos like this: http://AsiaSociety.org/YouTube
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November 19, 2020 — Asia Society Northern California hosts a discussion on the Committee on Foreign Investment in the United States (CFIUS) and the role of China foreign investment. Speakers include Stephen Heifetz, partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati and Melissa Mannino, of counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, and the conversation was moderated by Thilo Hanneman, partner at Rhodium Group. The discussion addressed final rules of the CFIUS reform legislation, including the substantial interplay of CFIUS and export controls, as well as how CFIUS might look during the Biden administration. (1 hr., 2 min)
Subscribe for more videos like this: http://AsiaSociety.org/YouTube
---
We’re in this together with you. Be #InThisTogether with us. Support Asia Society today: http://AsiaSociety.org/Donate
---
Facebook: http://facebook.com/AsiaSociety
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Phillip Swagel, former assistant secretary for economic policy at the Treasury Department, and John Carlin, ASpen Institute cybersecurity and technology program...
Phillip Swagel, former assistant secretary for economic policy at the Treasury Department, and John Carlin, ASpen Institute cybersecurity and technology program chair and former Justice Department national security attorney, discuss the restrictions on Chinese investment under the Committee on Foreign Investment in the United States (CFIUS).
Phillip Swagel, former assistant secretary for economic policy at the Treasury Department, and John Carlin, ASpen Institute cybersecurity and technology program chair and former Justice Department national security attorney, discuss the restrictions on Chinese investment under the Committee on Foreign Investment in the United States (CFIUS).
Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investm...
Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.
Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.
CGTN's Rachelle Akuffo speaks to Arthur Dong, professor at Georgetown University's McDonough School of Business and Merrill Matthews, resident scholar at the In...
CGTN's Rachelle Akuffo speaks to Arthur Dong, professor at Georgetown University's McDonough School of Business and Merrill Matthews, resident scholar at the Institute for Policy Innovation, about CFIUS (Committee on Foreign Investment in the United States) reforms.
CGTN's Rachelle Akuffo speaks to Arthur Dong, professor at Georgetown University's McDonough School of Business and Merrill Matthews, resident scholar at the Institute for Policy Innovation, about CFIUS (Committee on Foreign Investment in the United States) reforms.
Latham & Watkins partner Les Carnegie discusses how the CFIUS review process impacts foreign investment into the US at our 2017 cross-border M&A conference. For...
Latham & Watkins partner Les Carnegie discusses how the CFIUS review process impacts foreign investment into the US at our 2017 cross-border M&A conference. For more views on global M&A trends, visit http://www.lw.com/GlobalMandA
Latham & Watkins partner Les Carnegie discusses how the CFIUS review process impacts foreign investment into the US at our 2017 cross-border M&A conference. For more views on global M&A trends, visit http://www.lw.com/GlobalMandA
There is a wealth of change in our world right now. Did you know that relatively new Federal regulations could have an impact on foreign investments into your ...
There is a wealth of change in our world right now. Did you know that relatively new Federal regulations could have an impact on foreign investments into your company in the United States, or on the location of your company, if there is direct or indirect foreign control?
We’re talking about CFIUS, also known as the Committee on Foreign Investment in the U.S. CFIUS is an interagency committee that is authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions to determine the effect on the national security of the United States.
Historically CFIUS’ jurisdiction has been limited to transactions that resulted in foreign control (direct or indirect) of a U.S. business. Effective this past February, the Committee’s jurisdiction was expanded to also include transactions that include a non-controlling investment, direct or indirect, by a foreign person that allows the person to...
There is a wealth of change in our world right now. Did you know that relatively new Federal regulations could have an impact on foreign investments into your company in the United States, or on the location of your company, if there is direct or indirect foreign control?
We’re talking about CFIUS, also known as the Committee on Foreign Investment in the U.S. CFIUS is an interagency committee that is authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions to determine the effect on the national security of the United States.
Historically CFIUS’ jurisdiction has been limited to transactions that resulted in foreign control (direct or indirect) of a U.S. business. Effective this past February, the Committee’s jurisdiction was expanded to also include transactions that include a non-controlling investment, direct or indirect, by a foreign person that allows the person to...
November 19, 2020 — Asia Society Northern California hosts a discussion on the Committee on Foreign Investment in the United States (CFIUS) and the role of China foreign investment. Speakers include Stephen Heifetz, partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati and Melissa Mannino, of counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, and the conversation was moderated by Thilo Hanneman, partner at Rhodium Group. The discussion addressed final rules of the CFIUS reform legislation, including the substantial interplay of CFIUS and export controls, as well as how CFIUS might look during the Biden administration. (1 hr., 2 min)
Subscribe for more videos like this: http://AsiaSociety.org/YouTube
---
We’re in this together with you. Be #InThisTogether with us. Support Asia Society today: http://AsiaSociety.org/Donate
---
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Instagram: http://instagram.com/AsiaSociety
Twitter: http://twitter.com/AsiaSociety
Phillip Swagel, former assistant secretary for economic policy at the Treasury Department, and John Carlin, ASpen Institute cybersecurity and technology program chair and former Justice Department national security attorney, discuss the restrictions on Chinese investment under the Committee on Foreign Investment in the United States (CFIUS).
Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.
CGTN's Rachelle Akuffo speaks to Arthur Dong, professor at Georgetown University's McDonough School of Business and Merrill Matthews, resident scholar at the Institute for Policy Innovation, about CFIUS (Committee on Foreign Investment in the United States) reforms.
Latham & Watkins partner Les Carnegie discusses how the CFIUS review process impacts foreign investment into the US at our 2017 cross-border M&A conference. For more views on global M&A trends, visit http://www.lw.com/GlobalMandA
There is a wealth of change in our world right now. Did you know that relatively new Federal regulations could have an impact on foreign investments into your company in the United States, or on the location of your company, if there is direct or indirect foreign control?
We’re talking about CFIUS, also known as the Committee on Foreign Investment in the U.S. CFIUS is an interagency committee that is authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions to determine the effect on the national security of the United States.
Historically CFIUS’ jurisdiction has been limited to transactions that resulted in foreign control (direct or indirect) of a U.S. business. Effective this past February, the Committee’s jurisdiction was expanded to also include transactions that include a non-controlling investment, direct or indirect, by a foreign person that allows the person to...
Committee on Foreign Investment in the United States
The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced "sifius") is an inter-agency committee of the United States Government that reviews the national security implications of foreign investments in U.S. companies or operations. Chaired by the United States Secretary of the Treasury, CFIUS includes representatives from 16 U.S. departments and agencies, including the Defense, State and Commerce departments, as well as (most recently) the Department of Homeland Security. CFIUS was established by President Gerald Ford's Executive Order11858 in 1975. President Reagan delegated the review process to the Committee on Foreign Investment in the United States with the Executive Order 12661 in 1988. This was in response to U.S. Congress giving authority to the President to review foreign investments, in the form of Exon-Florio Amendment.
Process
Companies proposing to be involved in an acquisition by a foreign firm are supposed to voluntarily notify CFIUS, but CFIUS can review transactions that are not voluntarily submitted.
The Committee on Foreign Investment in the United States - CFIUS - is one of the most important tools we have to do so ... In addition, under the leadership and direction of PresidentBiden, the Committee ...
Oversight of the Committee on Foreign Investment in the United States (CFIUS) and Other Efforts to Strengthen National Security in the United States ... "Oversight of the Committee on Foreign ...
What remains unclear, however, is if this seemingly routine business acquisition was reviewed by the Committee on Foreign Investment in the U.S., which has authority to examine transactions ...
GRAND FORKS – The Committee on Foreign Investment in the United States this week said it will review a proposed Grand Forks project that some say could be a threat to national security. The committee – ...
WASHINGTON - Today, PresidentBiden issued an Executive Order reflecting the evolving national security threat landscape and underscoring the critical role of the Committee on Foreign Investment in ...
One factor for the Committee on Foreign Investment in the United States (Committee) to consider, as the Congress highlighted in section 1702(c)(1) of FIRRMA, is that national security risks may arise ...
CP) ("CP") today announced it has received the required regulatory clearance from the Committee on Foreign Investment in the United States ("CFIUS") for the proposed combination of CP and Kansas City Southern ("KCS").
CP) ("CP") today announced it has received the required regulatory clearance from the Committee on Foreign Investment in the United States ("CFIUS") for the proposed combination of CP and Kansas City Southern ("KCS").