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ARTICLE · 11 JANUARY 2022

CFIUS Updates Excepted Foreign States

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CFIUS has now conferred Canada and Australia with such status indefinitely..

GlobalGovernment, Public Sector

On January 6, 2022, the Committee on Foreign Investment in the United States (CFIUS) published a final rule updating the status of countries designated as "Excepted Foreign States" and "Excepted Real Estate Foreign States"1.

What you need to know

  • In February 2020, Canada, Australia and the United Kingdom (UK) were provisionally designated as "Excepted Foreign States" and "Excepted Real Estate Foreign States," thereby relieving many investors based in those countries of new CFIUS rules applicable to subsequent investments in U.S. businesses and real estate.
  • CFIUS has now conferred Canada and Australia with such status indefinitely.
  • UK, and newly-added New Zealand, retain such status until at least February 13, 2023.

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