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ARTICLE · 20 SEPTEMBER 2022

CFIUS Risk Factors Expanded By Executive Order

Mayer Brown
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On September 15, 2022, President Biden issued an executive order (the "Order") to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States...

United StatesGovernment, Public Sector
Rajesh De
Rajesh De
Timothy Keeler
Timothy Keeler
Mickey Leibner
Mickey Leibner
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On September 15, 2022, President Biden issued an executive order (the "Order") to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States ("CFIUS") uses to evaluate whether a foreign investment provides a risk to US national security. The Order1 is the first executive order to provide direction to CFIUS on the risks to be considered when evaluating transactions and comes against a backdrop of numerous actions to sharpen and focus the applications of several regulatory regimes to emerging technologies and present-day threats.

Background

The Order builds on the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") and its implementation. The Order codifies recent expansions of CFIUS's focus, providing additional clarity around the sectors and emerging industries that CFIUS considers to be sensitive.

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