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ARTICLE · 10 AUGUST 2023

CFIUS Reports Substantial Increase In Use Of Mitigation Measures In 2022

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On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS or the "Committee") released its Annual Report for 2022.

United StatesGovernment, Public Sector

On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS or the "Committee") released its Annual Report for 2022. Overall, the statistics indicate that CFIUS is taking more time to finish its review and more frequently taking action to address national security risk. Key highlights include the following:

  • CFIUS reviewed a total of 440 filings. Although this is technically an increase of four filings from 2021, the number of unique transactions decreased slightly.
  • CFIUS continues to clear the majority of transactions it reviews. However, the number of transactions that were concluded on the basis of mitigation agreements increased notably in 2022. In fact, CFIUS adopted mitigation measures or conditions in 52 instances in 2022, up from 31 in 2021, a 68% year-over-year increase.

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