A conversation with Jonathan Davey, associate, in the Washington DC office of Wilson Sonsini Goodrich & Rosati, on key issues on the CFIUS regime for controlling foreign direct investment (FDI) in the United States of America.
1. Which government or other body (or bodies) reviews foreign investments?
The Committee on Foreign Investment in the United States (CFIUS, or the Committee) is the overarching US governmental body responsible for reviewing inbound foreign investment. CFIUS is an interagency committee chaired by the US Department of the Treasury that includes members from the US Departments of Justice, Defense, Homeland Security, Commerce, State, and Energy, as well as the United States Trade Representative and the White House Office of Science and Technology Policy. The Department of Labor and the Director of National Intelligence have non-voting roles, and other executive branch agencies, such as the White House Office of Management and Budget and the National Security Council, also may participate in CFIUS activities.
Several other sector-specific foreign investment regimes exist in the United States and apply to parties that meet specific criteria.
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