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ARTICLE · 01 JUNE 2020

U.S. Foreign Investment Review Continues To Evolve

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The Committee on Foreign Investment in the United States (CFIUS) has remained active despite challenges presented by the COVID-19 pandemic.

CanadaGovernment, Public Sector

The Committee on Foreign Investment in the United States (CFIUS) has remained active despite challenges presented by the COVID-19 pandemic.

What you need to know

  • Since new rules went into effect in February expanding its jurisdiction, CFIUS has been reviewing a broader scope of transactions by foreign investors in U.S. businesses and real estate.
  • Filing parties should build in additional time to account for delays attributable to remote operations.
  • CFIUS recently implemented filing fees and will revise the scope of transactions subject to mandatory filing.

Reviews progressing at protracted pace during the pandemic

Although M&A activity has declined due to uncertainties raised by the pandemic, the Committee's broader mandate and remote operations have delayed the review process.

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