The Committee on Foreign Investment in the United States (CFIUS) administers a rigorous national security investment review regime. CFIUS is an inter-agency committee chaired by the US Department of the Treasury and empowered to review transactions involving the investment in or acquisition of a US business by a foreign person. CFIUS has the authority to impose conditions to mitigate any identified national security risks or recommend that the President block (or, in the case of completed transactions, unwind) transactions which are within its jurisdiction to review. The expansive scope of CFIUS review and its extraordinary power to intervene in transactions (even many years after completion) make a proper CFIUS risk assessment critical to nearly all cross-border transactions.
DLA Piper attorneys have successfully represented companies, financial sponsors, and investors in some of the largest and most complex transactions ever reviewed before CFIUS, the Defense Counterintelligence and Security Agency (DCSA, formerly the Defense Security Service) and Team Telecom, an executive branch group comprising the US Departments of Justice, Defense and Homeland Security. Our cross-functional team offers decades of national security experience in CFIUS, export controls, sanctions, government affairs and public policy, government contracts, and telecommunications, among others.
Foreign investment national security review regimes have developed in many countries, including across much of Europe, Canada, Australia, Russia, and Asia Pacific. DLA Piper’s global foreign investment team includes dedicated practitioners in nearly every jurisdiction that has such a regime. Our integrated, seamless approach helps our clients achieve their strategic goals globally.