Focus on the US
Scope of foreign investment review expanding in the US
The US maintains an extensive, though voluntary, foreign
investment review process under the Committee on Foreign
Investments in the US (CFIUS). This multi-agency review process has
often been viewed as politically motivated, but at its core serves
as both national security and foreign policy purposes. The
underlying statute authorizes the US President to block
transactions determined to be contrary to US national security
interests, and further authorizes CFIUS to negotiate and agree to
mitigation to address any national security concerns, while
allowing the transaction to proceed.
In the last several years, the role of CFIUS focus has expanded,
with a greater emphasis placed on acquisitions involving properties
in any sector that are "proximate" geographically to US
government or US military facilities, transactions involving
critical infrastructure (such as LNG facilities,
