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ARTICLE · 21 SEPTEMBER 2022

First-Ever Executive Order On CFIUS Highlights Biden's National Security Priorities

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On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States.

United StatesGovernment, Public Sector
Reid Whitten
Reid Whitten
Fatema Merchant
Fatema Merchant
Brian Weimer
Brian Weimer
Claire Le Tollec
Claire Le Tollec
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On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS - the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS's jurisdiction or the legal process, the Biden Administration provides some explicit guidance on certain national security priorities and factors for CFIUS to consider when evaluating transactions - focusing in on protecting U.S. technological advantage, supply chain resiliency, and sensitive data from U.S. adversaries. No doubt, the E.O. will impact certain cross-border transactions and investments as CFIUS develops strategies to incorporate the E.O. into practice and align national security priorities with other national security tools.

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