On Oct. 10, 2018, the U.S. Department of the Treasury, as chair
of the Committee on Foreign Investment in the United States (CFIUS
or the Committee), issued interim regulations (the Regulations)
setting forth the scope of, and procedures for, a pilot program
authorized pursuant to the Foreign Investment Risk Review
Modernization Act of 2018 (FIRRMA). FIRRMA, signed into law on Aug.
13, 2018, aims to strengthen and modernize CFIUS. The purpose of
implementing the pilot program, which is expected to provide CFIUS
with valuable insight that will help shape the final regulations
implementing FIRRMA, is to confront the:
- Rapid changes in certain critical
technology industries;
- Significant growth of certain types
of foreign investment in enumerated industries relevant to national
security; and